I. PERFORMANCE BY LOCAL ARBORIST
LOCAL ARBORIST INC. (“Local Arborist”) shall perform the work described on the preceding page (the “Work”) in a professional manner by qualified personnel only and using appropriate tools, equipment, and techniques to complete the Work proficiently and safely. All Work will be supervised and sign off on by a licensed arborist.
Work crews will arrive at the job site on the date scheduled, within a previously agreed upon 4-hour time frame. Local Arborist employees shall take all reasonable efforts to meet work deadlines but shall not be held liable for delays due to inclement weather or other causes beyond their control. An estimate of the number of days to complete the Work and an expected start date are provided to the customer as a courtesy only. Any delay in beginning or completing the Work shall not alter or invalidate any part of this contract, nor will such delays entitle the Customer to additional rights or remedies.
III. OWNERSHIP & PERMITTING REQUIREMENTS
The entity requesting Work and responsible for payment for Work completed (“Customer”) represents and warrants that all trees, plant materials, and property upon which Work is to be performed are either owned by Customer or, if not owned by Customer, that the Owner of such trees, plant materials, and property has authorized the Customer to have the Work performed. Customer hereby grants Local Arborist a license to access and use such trees, plant materials, and property to perform the Work. Customer shall be responsible for securing any permits or authorizations required to perform the Work and shall provide copies of said documentation to Local Arborist. Additionally, Customer agrees that the final decision for tree removal services is at the sole discretion of the city in which the property is located. If a permit request is denied, Customer forfeits the 10% deposit as well as any additional fees associated with the Work.
IV. CONTRACT ESTIMATES AND PRICE FINALIZATION
The contract price shall be as set out on the preceding page and is exclusive of any applicable HST. Any prices specified are valid for up to 3 months from the date of the original estimate. If Local Arborist is required to perform Work in circumstances or conditions other than those expressly or reasonably assumed and normally pertaining to work of a similar nature, including any site conditions that were not known or disclosed to Local Arborist at the time the quotation was provided, or if there is a change in the scope, timing or complexity of the Work, Local Arborist shall promptly notify Customer and/or Owner and the parties shall agree on an equitable adjustment to the contract price.
V. PAYMENT TERMS
Customer agrees to pay Local Arborist a non-refundable deposit of 10% of the contract price upon acceptance of the quote as an authorization to proceed with the Work. In addition, the full cost of arborist report and any permit associated fees if applicable shall be paid in full prior to Work beginning. When Local Arborist has determined that the Work is complete, Local Arborist will invoice Customer for the remaining 90% of the contract price. The invoice balance is due upon receipt and interest will begin to accrue on any unpaid balance 30 days after the invoice date, at a rate of 2% per month. If Customer has provided a credit card number to Local Arborist, Customer authorizes Local Arborist to charge unpaid amounts to such credit card when due. Payment of any amount shall not be construed as acceptance by Customer of defective Work, and Customer agrees not to withhold any amount invoiced in accordance with this contract for any reason whatsoever. Failure by Customer to pay any amount within 30 days after the invoice date shall constitute a breach of this contract, and in addition to paying Local Arborist all amounts due hereunder, Customer shall indemnify Local Arborist for all costs incurred in collecting such unpaid amounts. The acceptable methods of payment are check, cash, e-transfer, debit card, VISA, and MasterCard.
VI. TERMINATION OF CONTRACT
This contract may be canceled by Customer if written notice is delivered to Local Arborist no later than 14 days before Work is scheduled to commence. In the event of any such termination, Customer shall forfeit the 10% deposit. Customer may only terminate the Work less than 14 days before the Work is scheduled to commence by paying Local Arborist for any Work already performed and for any expenses incurred in preparing to perform the Work.
VII. MINOR DAMAGES INCURRED
Local Arborist guarantees to take reasonable care in the performance of the Work but shall not be held liable for any damages to lawns, plants, ground covers, and dilapidated structures when performing tree services on large and/or dangerous trees. Local Arborist will not be liable for damages to underground utilities when doing stump grinding and similar services. It is Customer’s responsibility to obtain underground locates for stump grinding and similar services. If for any reason Customer is not 100% satisfied with the Work, they have 10 business days after completion to present concerns to Local Arborist. Complaint received after 10 business day will not be accepted.
VIII. INSURANCE AND LIABILITY
Local Arborist holds valid Workers’ Compensation Insurance (WSIB) in accordance with statutory requirements and maintains a $5,000,000 general liability insurance policy for all services performed. Local Arborist agrees to provide evidence of said insurance on Customer’s request. In no event shall Local Arborist be liable to Customer for damages that constitute incidental, indirect, exemplary, or consequential damages of any nature whatsoever, regardless of whether the alleged damage be a result of breach of contract, tort (including negligence and strict liability), or any other legal theory and whether arising before of after the Work is completed. Customer shall indemnify, defend, and hold Local Arborist harmless from and against any losses (including legal fees on a full indemnity basis), attributable to, or arising out of, any breach by Customer of its obligations in this contract. This paragraph shall survive the expiry or any termination of this contract.
This contract shall be governed by the laws of Ontario. This contract contains the entire understanding of Local Arborist and Customer with respect to the Work and reflects the prior agreements and commitments with respect thereto. There are no other oral understandings, terms, or conditions and neither Local Arborist or Customer have relied upon any representation, express or implied, not contained in this contract. This contract may only be amended by a written amending agreement signed by both Local Arborist and the Customer. No waiver by either party, of any breach or provision of this contract, will be binding unless made in writing; and any such waiver will extend only to the specific breach or provision waived and not to any future breach. Indemnities against, releases from, and limitations and exclusions on liability expressed in this contract will apply even in the case of the fault, negligence, or strict liability of the party indemnified or released or whose liability is limited, and will extend to the benefit the officers, directors, employees, agents, representatives, sub-contractors, and affiliates of such parties.