Terms & Conditions
Workman's Compensation, General Liability and W-9 are listed below.
TREE CARE
Terms and Conditions
***Certificate of Insurance and W-9 located at the bottom of this page.
It is agreed by and between Cartwright Tree Care, LLC and the authorizing party (customer and/or customer’s agent) that the following provisions are made as part of this contract:
Insurance by Contractor: Cartwright Tree Care, LLC, warrants that it is insured for liability resulting from injury to person(s) or property and that all employees are covered by Workers’ Compensation as required by law. Certificates of coverage are available upon request.
Cancellation Fee: Cartwright Tree Care, LLC kindly requests that the authorizing party provide at least 24 hours advance notice of any full or partial work cancellation. If a crew has been dispatched to the job site, the customer will be assessed a mobilization fee of $250.00 for incurred expenses.
Completion of Contract: Cartwright Tree Care, LLC agrees to do its best to meet any agreed upon performance dates, but shall not be liable in damages or otherwise for delays because of inclement weather, labor, or any other cause beyond its control; nor shall the customer be relieved of completion for delays.
Tree Ownership: The authorizing party warrants that all trees listed are located on the customer’s property, and, if not, that the authorizing party has received full permission from the owner to allow Cartwright Tree Care, LLC to perform the specified work. Should any tree be mistakenly identified as to ownership, the customer agrees to indemnify Cartwright Tree Care, LLC for any damages or costs incurred from the result thereof.
Safety: Cartwright Tree Care, LLC warrants that all arboricultural operations will follow the latest version of the ANSI Z133.1 industry safety standards. The authorizing party agrees to not enter the work area during arboricultural operations unless authorized by the crew leader on-site.
TREE CARE STANDARD DEFINITIONS: The following definitions apply to specifications detailed in this Estimate:
CLEAN/DEADWOOD: Selective pruning to remove one or more of the following parts: dead, diseased, and/or broken branches. Unless noted otherwise on this proposal, all cleaning will be of branches 3 inches diameter or greater throughout the entire crown.
CROWN: The leaves and branches of a tree measured from the lowest branch on the trunk to the top of the tree.
FULL TRIM: Selective pruning to provide the specifications of: LIFT & BALANCE, VENTILATION, & CLEAN
HOUSE CLEARANCE: Selective pruning to provide clearance from house.
LEADER: A dominant or co-dominant, upright stem.
LIFT & BALANCE: Selective pruning to provide vertical clearance.
LIFT & VENT: Selective pruning to provide vertical clearance and reduce density of live branches, usually by removing entire branches.
LIMB REMOVAL: Selective pruning to remove an entire branch.
LINE CLEARANCE: Selective pruning to provide clearance from utility service lines.
REDUCE: Selective pruning to decrease height and/or spread by removing specified branches.
RESTORE: Selective pruning to improve the structure, form, and appearance of trees that have been severely headed, vandalized, or damaged.
VENTILATION: Selective pruning to reduce density of live branches, usually by removing entire branches.
VISTA PRUNING: Selective pruning to allow a specific view, usually by creating view “windows” through the tree’s crown.
STUMP REMOVAL: Unless specified in the proposal, stump removal is not included in the price quoted. Grindings from stump removal are not hauled unless specified in this proposal. Surface and subsurface roots beyond the stump are not removed unless specified in this proposal.
Our Stump grinder grinds up to 6 inches below ground. Resulting mulch will be hauled away clean, unless otherwise discussed. The proximity of hardscape features, fences, buildings, and/or underground utilities to the stumps may limit our ability to remove the entire stump. In these cases, Cartwright Tree Care will remove as much of the stump as possible without causing damage to permanent site features or to the machine. Stump grinding does not include surface roots. Homeowner to ensure there is 36 inches clearance for machine access. Cartwright Tree Care, LLC is not responsible for damages to underground sprinklers drain lines, invisible fences or underground cables unless the system(s) are adequately and accurately mapped by the authorizing party and a copy is presented before or at the time the work is performed. Please note that all stump grinding services require utility locates that take a minimum of one week to obtain. Tree removal and stump grinding services will be performed by separate crews and are not performed on the same date.
Concealed Contingencies: Any additional work or equipment required to complete the work, caused by the authorizing party’s failure to make known or caused by previously unknown foreign material in the trunk, the branches, underground, or any other condition not apparent in estimating the work specified, shall be paid for by the customer on a time and material basis. Cartwright Tree Care, LLC is not responsible for damages to underground sprinklers drain lines, invisible fences or underground cables unless the system(s) are adequately and accurately mapped by the authorizing party and a copy is presented before or at the time the work is performed.
Clean-up: Clean-up shall include removing wood, brush, and clippings, and raking of the entire area affected by the specified work, unless noted otherwise on this proposal.
Lawn Repair: Cartwright Tree Care, LLC will attempt to minimize all disturbances to the customer’s lawn. Lawn repairs are not included in the contract price, unless noted otherwise on this proposal.
Terms of Payment: Unless otherwise noted in this proposal, the customer agrees to pay the account in full upon work completion. A 14-day grace period is given. Please remit all payments to Cartwright Tree. Care, LLC by due date shown above. Cartwright Tree Care, LLC does not extend credit for goods or services rendered. A service charge of 0.1% every 14 day will be assessed on all amounts that exceed 14 days from the initial invoice date.
Returned Check Fee: There will be a $35.00 fee charged for all checks returned to our office for non-sufficient funds
PLANT HEALTH CARE
Terms and Conditions
***Certificate of Insurance and W-9 located at the bottom of this page.
These terms and Conditions are effective as of the Proposal Issue Date. Tree Health Experts A Division of Cartwright Tree Care has agreed to perform services outlined in a Proposal for services, which states further Terms and Conditions. The Client has indicated acceptance by signing the proposal, and in some cases, a verbal or electronic acceptance is sufficient.
AUTO-RENEWAL & CANCELLATION POLICY
For your convenience, Tree Health Experts A Division of Cartwright Tree Care’s services will be automatically renewed each season to ensure your trees continue receiving timely and effective treatments. By accepting service, you agree that your plan will renew annually unless canceled. You may cancel your service at any time prior to the scheduled application date by contacting our office via phone or email. If you have prepaid for services that have not yet been completed, you will receive a full refund for any unused portion. We’ll always send a reminder before your next scheduled application, giving you time to make changes, reschedule, or cancel if needed. Our goal is to make ongoing tree care simple and stress-free—while giving you full control over your service.
WORK PERFORMED
All areas will be cleaned up after work is performed, unless otherwise indicated by the client or proposal. Any additional clean-up, equipment, or work required to complete the Proposal caused by a) the Client’s failure to make a condition known, b) an unknown circumstance, or c) any other condition not apparent when the work was estimated, shall be paid for by the client on a time and material basis. Work scheduling is weather dependent, and is also influenced by the type of work, location of the project and other unforeseen issues. Tree Health Experts A Division of Cartwright Tree Care works to meet all scheduled dates but shall not be held liable for damages due to delays or missed work. If project completion needs to be extended, the client will be notified. Tree Health Experts A Division of Cartwright Tree Care will notify Digrite in MO & KS to mark gas, water, electric, and cable lines, if needed.
PLANT HEALTH CARE SERVICES
PHC services will be scheduled with NO NOTICE, unless otherwise specified by the client. Tree Health Experts A Division of Cartwright Tree Care treatments are often weather dependent, and flexibility is needed to ensure trees are treated at the proper time.
CLIENT RESPONSIBILITIES
Contractor will not be responsible for damage to transmission facilities which include utility services such as natural gas, electric, septic, cable television, telephone and any other such services not visible or marked. Contractors will not be responsible for subsurface drainage hydrostatic water pressure, settling around foundation walls, etc., gas, water valves, and property stakes not visible or marked. Contractors will not be held responsible for damages due to unmarked obstacles such as irrigation heads, invisible fencing or cables. The Client must make the work site accessible. If vehicles or other obstructions (including pet waste) are in the way, the Client will be billed for extra preparation on a time and materials basis. Client must clearly indicate property lines and corners.
TREE HEALTH & LIMITED WARRANTY DISCLAIMER
Cartwright Tree Care uses industry-accepted methods and products to promote the health and longevity of trees and plants. However, due to the living nature of trees and the numerous environmental, biological, and structural factors that affect them, we do not guarantee the survival, recovery, or future performance of any plant or tree following treatment. Unless otherwise specified in writing, no warranty—express or implied—is provided regarding the effectiveness or outcome of services. Many conditions (such as prior stress, weather, root damage, drought, improper watering, construction activity, and other external factors) can significantly impact results and are beyond our control. We are committed to delivering quality service and expert recommendations. If a treated plant declines or dies, we will evaluate the situation upon request and advise on potential next steps or treatment options, but we are not liable for plant replacement or damages unless explicitly stated in a separate written agreement.
CANCELLATION
The Client may cancel work to be performed in full or in part, with a 24-hour notice. If the cancellation is less than 24-hour notice, the client may be billed a service fee of up to 30% of the contract price for time spent preparing for the service. Municipal contracts require three weeks’ notice and are subject to a service fee of up to $1,000.00.
PAYMENT
Completed work or portions thereof invoiced are due upon receipt of invoice. A finance charge will be assessed on all accounts every 14 days past due at the monthly rate of 2%. In the event a collection agency is called upon to collect the account, purchaser shall pay all collection costs. All guarantees are void if payment is not made in 14 days. Any shortage or complaints must be reported within 48 hours (2 business days). Returned Checks are subject up to a $45.00 fee.
LIMITATIONS AND DISCLAIMERS
There is a possibility that a tree may experience phytotoxic shock with chemical treatments. Tree Health Experts A Division of Cartwright Tree Care will do everything possible to minimize risk, and will give appropriate instructions as to after care of your tree, but will not be held responsible for complications due to unforeseen circumstances such as vascular issues with the tree, other disease/insect infestations, lack of care, prior treatment complications, etc. Tree Health Experts A Division of Cartwright Tree Care will make every effort to minimize disturbance to the lawn. Lawn repairs are not included in the proposal, unless indicated by Tree Health Experts A Division of Cartwright Tree Care. Trees and plant life are living organisms and are affected by factors beyond Tree Health Experts A Division of Cartwright Tree Care’s control. There is no guarantee on trees, plants, or general landscape safety. If Tree Health Experts A Division of Cartwright Tree Care recommends treatment, it is because Tree Health Experts A Division of Cartwright Tree Care believes the tree is a worthy candidate at that time. There are cases where suggested treatment is not sufficient, or other complications occur. Tree Health Experts A Division of Cartwright Tree Care will not be held responsible for occurrences outside of their control.
LIMIT OF LIABILITY
In no event shall either party be liable to the other or any third party in contract, tort or otherwise for incidental or consequential damages of any kind, including, without limitation, punitive or economic damages or lost profits, regardless of whether either party shall be advised, shall have other reason to know or in fact shall know of the possibility.
SEVERABILITY
If any provision of this Agreement is illegal or unenforceable, that provision is severed from this Agreement and the other provisions remain in effect.
COMPLIANCE WITH LAWS
Each party shall comply in all respects with all applicable legal requirements governing the duties, obligations, and business practices of that party and shall obtain any permits or licenses necessary for its operations. Neither party shall take any action in violation of any applicable legal requirement that could result in liability being imposed on the other party.
GOVERNING LAW
The Laws of Missouri (without regard to conflict of Laws) govern all matters arising under or relating to this Agreement. All disputes arising under or relating to this Agreement are to be decided by the courts located in Jackson County, Missouri.
ATTORNEY’S FEES AND COSTS
In any suit or arbitration regarding the Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and cost.
