TERMS AND CONDITIONS
The following terms and conditions, together with the proposal on the front (if printed) or attached by email, constitutes the entire
agreement between you (the”customer”) and Axtraction Tree Service, LLC (“Axtraction”). This agreement may not be amended, modified, or
waived except in writing.
ACCEPTANCE
This agreement is valid and binding when the customer returns (via email or written document) a sign copy of our proposal, pays any
applicable deposit to us, and/or agrees (verbally or in writing) to our proposal. Unless otherwise specified in this agreement, the customer is
the owner or authorized agent to whom this agreement is addressed, and the customer warrants his/her authority to contract with Axtraction
for these services. Scheduling all or any portion of the work is deemed acceptance of the proposal and these terms and conditions.
INHERENT HAZARDS AND RISKS
Our recommendations are intended to minimize or reduce hazardous conditions that may be associated with trees. However, we do not (and
cannot) guarantee that our recommendations or efforts to correct unsafe conditions will prevent breakage or failure of a tree nor can we
guarantee the future health or safety of a tree. Axtraction is not responsible for detecting or anticipating every condition or event that may
lead to the illness, structural failure, or other defect of a tree. Axtraction shall not have, and customer releases Axtraction from, any liability
for any accident, damage, or injury that may occur prior to our work beginning or after our work concludes. The customer shall remove all
personal property from the work area prior to our work beginning. The customer and any pets shall not enter the work area while we are
working unless authorized by the crew leader.
PERFORMANCE BY AXTRACTION
Work crews may arrive at the job site unannounced. Axtraction shall attempt to meet all performance dates, but shall not be liable for
damages due to delays for inclement weather, causes beyond its control, or for any other reason. The customer shall not be relieved of their
responsibility because of delays.
WORKMANSHIP
All work will be performed in a professional manner by experienced personnel outfitted with the appropriate tools and equipment. Axtraction
will use reasonable efforts to remove all wood, brush, and other debris incidental to the work. Axtraction will not remove excess wood chips,
sawdust and other material that cannot be easily raked up. Unless otherwise indicated herein, lawn or landscape repairs are not included in
the contract price but Axtraction will attempt to minimize all disturbances to existing lawn or landscape.
OWNERSHIP
The customer warrants that all trees, plants and property upon which work is to be performed are either owned by the customer or that
permission for the work has been obtained from the owner. The customer shall indemnify and hold harmless Axtraction from all claims for
damages due to the customer failing to own such property or to obtain such permission.
TERMS OF PAYMENT
All accounts are net payable upon receipt of invoice at the completion of work. Payment is the responsibility of the person who approved the
work. It is not Axtraction’s responsibility to wait for or seek payment from a third party. Failure to remit full payment within 30 days of work
completion will result in a finance charge of 1.5% per month from the date of completion of our work. If a collection agency or attorney is
used to collect the account, the customer is responsible for all costs associated with the collection including, but not limited to, reasonable
attorney fees and court costs. There will be a $25.00 fee charged for all returned checks.
PERMITS AND INSURANCE
Axtraction may obtain required permits upon request for a $25 service charge plus any cost for the permit. Axtraction has general liability
insurance for injury to persons or property, and Workers’ Compensation Insurance as required by law.
PROPERTY LINES-RESTRICTIONS
The customer shall indicate to Axtraction the corners of the property and all property lines (including easements). The customer shall
assume all responsibility for accuracy of such information. The customer shall notify Axtraction of any applicable restrictions, easements, or
rights of way prior to commencement.
ACCESS TO WORK/DRIVEWAYS/SIDEWALKS
The customer shall provide Axtraction with free access to work areas and agrees to keep driveways clear and available for movement and
parking of vehicles during the work. Axtraction shall not be liable for damages or repairs due to our personnel, equipment, or vehicles
causing settling, cracking, or other damage to the customer’s property, lawn, driveways, and/or sidewalks and the customer accepts such
risks.
CONCEALED CONTINGENCIES
Axtraction is not responsible for damage to any underground property. The customer has no knowledge of any concealed utility lines other
than those, if any, set forth on the face page of this agreement. The customer agrees to pay Axtraction on a time and materials basis for any
additional work required to complete the work due to the presence of concrete, stinging insect nests, rocks, pipes, electrical lines, or other
foreign matters encountered that are not made known to Axtraction or otherwise described on the face of this agreement.
STUMPS
Stump removal is not included in this agreement unless specifically provided for on the face page hereof. When stump removal is quoted for,
stumps will be cut as close to ground level as possible (normally within a few inches) unless specified to the contrary. Unless specified to the
contrary, grindings from stump removal are left on site and surface and subsurface roots are not removed. Axtraction will call uLocate (811)
to mark power, gas, and water tines, but Axtraction is not responsible for, and customer releases Axtraction from, any liability for damage to
any other underground utilities that are not marked by uLocate (811), including telephone, data, low voltage, irrigation and drain pipes, pool
or water feature pipes and wiring, etc.
VALID PERIOD
Unless otherwise agreed in writing, any quote provided by Axtraction is valid for 30 days unless otherwise stated in the proposal. Axtraction
reserves the right to withdraw a proposal for any reason. In cases where Axtraction withdraws its proposal before work begins, all deposits
and payments will be refunded in full to the customer. If the work has already begun, then Axtraction, in its sole discretion, will determine if
there will be a partial charge.
CANCELLATION FEE
Axtraction requests that the customer provides at least 24 hours advance notice of any full or partial work cancellation for jobs that have
been scheduled in advance. If a crew has been dispatched to the job site, the customer will be assessed a mobilization fee of $100 for
incurred expenses.
COMPLAINTS
Any complaint that may arise from the work performed by Axtraction must be made in writing within 24 hours from the completion of the work order. (This includes damages).
MISCELLANEOUS
This agreement shall be governed and construed in accordance with the laws of the State of North Carolina without regard for the conflict of
law’s provisions thereof. The customer and Axtraction agree that a state or federal court in Union County, North Carolina shall have sole and
exclusive jurisdiction and venue over any disputes arising out of or relating to this agreement, and the customer expressly waives any claim
or right to jurisdiction or venue of any court or tribunal not located in Union County, North Carolina. In the event any provision of this
agreement is held to be null or invalid, the remaining provisions shall not be affected.