REVERIE TREE EXPERTS, INC. (“Reverie”) – Terms & Conditions
These Terms & Conditions, together with a signed Proposal, constitute the “Agreement”.
1. AGREEMENT – By signing a Proposal, emailing your consent, giving a deposit, or allowing us to commence the Work, you indicate that you have read this entire form and agree to have Reverie Tree Experts, Inc. perform the work described in your Proposal in accordance with these Terms and Conditions.
2. ENTIRE AGREEMENT – This Agreement represents the entire agreement between you and Reverie. It supersedes all prior or contemporaneous oral or written communications, unsigned proposals, or representations. You acknowledge that you are not relying upon, and has not been induced by, any representation, warranty, statement made by, or other information other than those set forth in this Agreement.
3. PROPOSAL EXPIRATION – All estimates provided by Reverie are valid for sixty (60) days unless your Proposal says otherwise.
4. RIGHT TO CONTRACT WARRANTY – You represent and warrant to Reverie that you have full legal authority to contract for the Work described in your Proposal. This includes, but is not limited to, your warranty that the trees, shrubs, stumps, or other material included in the Work described in your Proposal are on your property, or that you have full legal authority to act on behalf of the property owner. In the event you breach this warranty, you agree to indemnify Reverie, and its employees, officers, directors, agents, subcontractors, and representatives for all claims, demands, suits, fees, damages, losses, awards, judgments, costs, and expenses, including court costs and reasonable attorney fees and other obligations incurred by Reverie (collectively, “Claims”). as a result of your breach of this warranty.
5. WORK ZONE – The Work Zone includes all areas to be used by Reverie in the performance of the Work, including, without limitation, all areas needed for mobilization, access, hauling, boom swing, ingress, and egress. You warrant that the Work Zone is either: (1) located on your property; and/or (2) located on another’s property and that you have received full permission from the other property owner to enter into this Agreement and for Reverie to conduct Work on that property.
6. WORK ZONE ENTRY – You agree not to enter the Work Zone during the performance of the Work unless authorized by the crew leader on-site. You further agree to keep the Work Zone free and clear from all other individuals including, without limitation, employees, family members, friends, neighbors, and pets. All pets should be secured in your home or an enclosure during the performance of the Work. Reverie is not responsible for pets getting out of any enclosure.
7. WORK ZONE CLEARING – Reverie is not responsible for the damage or destruction of items within the Work Zone, including items that we move either at your request or because, in our discretion, they need to be moved prior to commencement of the Work. We are not responsible for replacing items to the location that they were in prior to commencement of the Work. You agree to remove all toys, furniture, decorations, swing sets, ornaments, potted plants, birdhouses, lighting, wind chimes, flags, hammocks, tree swings, and any other items of monetary or sentimental value from the Work Zone prior to commencement of the Work.
8. PERMITS – Unless set forth in the Proposal, Reverie is not responsible for obtaining any permits associated with the Work. You agree to indemnify and hold Reverie harmless from and against all Claims incurred by Reverie as a result of your failure to obtain any required permits.
9. CHANGE ORDER – Changes to the scope of Work (each a “Change Order”) are subject to approval by Reverie and may require additional costs or delays in the performance of the Work. All requests for a Change Order must be made in writing. Reverie reserves the right to reject any proposed Change Order, including a request to reduce the scope of the Work.
10. CANCELLATION – Reverie requires at least 24 hours advance notice for cancellation of a scheduled job. A job is scheduled when Reverie provides you a date on which the Work will be performed. Recurring Plant Health Care services may be cancelled at any time, in writing. Any outstanding invoices are due upon cancellation of your program and all payment terms will be deemed null and void.
11. PLANT HEALTH CARE RENEWAL – All recurring Plant Health Care services, unless otherwise noted, will continue until terminated by either party.
12. ARRIVAL NOTICE – Your signature on the Proposal indicates you are ready to have the work performed immediately and do not need further notice prior to crew arrival. Crews may arrive unannounced to perform the work within twenty-four hours after the Proposal is accepted. Please follow any instructions from your sales arborist to prepare your property for crew arrival in advance, such as unlocking gates, removing fence sections or vehicles, etc. In the event of requested arrival notice, Reverie reserves the right to cancel the work for any reason and reschedule the crew with your consent.
13. TIMELINESS – Reverie agrees to use commercially reasonable industry standard efforts to meet any agreed upon performance dates in an accepted Proposal, but shall not be liable in damages or otherwise, for delays caused by you, or because of inclement weather, labor issues, or any other cause beyond Reverie’s control.
14. DEBRIS REMOVAL – All brush, wood, and debris resulting from Work will be removed from the property unless otherwise noted in the Proposal. Notwithstanding, excess sawdust that cannot be raked will not be removed. Unless specifically stated in an accepted Proposal, stump removal is not included in any Work.
15. STUMP HEIGHT – Stumps indicated to be cut “flush,” “to ground level,” or similar language will be cut as low as reasonably possible, in the sole discretion of Reverie.
16. STUMP GRINDING – If your Proposal includes stump grinding, stumps will be ground to a depth of between 6-8” unless another specification is provided in your Proposal.
17. STUMP GRINDING DEBRIS – Unless otherwise noted, the mixture of wood, soil, and air resulting from the stump grinding process will be raked over the site of the former stump and not hauled away. Shavings will remain in a mound that may not be level with the ground.
18. UNDERGROUND UTILITIES AND MATERIAL – Prior to the commencement of the Work, you are responsible for conspicuously marking all underground areas of importance including, without limitation, private underground utilities, and material such as septic fields, septic tanks, underground cisterns or tanks of any kind, basements, landscape lighting wires, landscape irrigation, drain lines, and invisible dog fencing. You agree not to hold Reverie liable for damage to any items that are unmarked. Reverie will contact 811, or a similar number, prior to stump grinding to have public underground utilities (electric, water, telecom, etc.) marked by the utility companies.
19. PROPERTY DAMAGE – Reverie makes commercially reasonable industry standard efforts to minimize and mitigate property damage. However, in connection with completing the Work, Reverie may be required to bring trucks and other heavy equipment onto your driveway and other parts of your property. By accepting a Proposal, you represent and warrant that your property can sustain the presence, weight, and movement of such equipment and you understand and agree that marks to pavement, oil stains, minor lawn damage, and other similar impacts may occur. You also understand and agree that parts of the Work may have a visible impact on your lawn and other parts of your property, including leaving divots, holes, roots, and debris. All of the impacts set forth in this section are an ordinary and expected part of the Work, and, by accepting the Proposal, you agree not bring any claims against Reverie for any such impact on your property.
20. SPROUTS – You understand that after removal of stumps/roots that some shrubs/trees will continue to produce sprouts that may require multiple treatments, at additional cost to you (and at your election), for control and that these treatments may result in damage to nearby plants/shrubs/trees and that you hereby hold Reverie harmless for, and agree not to bring any claims against Reverie as a result of, any damage to nearby plants/shrubs/trees.
21. COMPLETION – Work is considered complete when the Work defined in the Proposal is completed to the satisfaction of Reverie.
22. PAYMENT – Full payment is due immediately upon completion of Work and receipt of your final invoice. Interest in the amount of the lesser of (a) the highest statutory rate allowed or (b) 2% per month will be charged to your invoice every 30 days after your invoice is due unless prior payment arrangements have been made in writing. There will be a $50.00 administrative fee for each partial payment made on any invoice unless prior payment arrangements have been made in writing. If a check is returned for insufficient funds, you will be assessed the greater of the actual amount incurred by Reverie for the returned check or $35.
23. PAYMENT FORM – Reverie accepts payment via check, money order, cashier’s check, and most major credit cards.
24. PAYMENT AUTHORIZATION – If you have provided Reverie with a credit card number or ACH routing information, you hereby authorize Reverie to charge your credit card or debit your bank account for the full amount due when the work is complete.
25. DISCOUNTS – Coupons and discounts will only be honored or accepted on balances paid by the due date. Late payment will result in a forfeiture of all coupons and/or discounts offered.
26. TIMELY COMPLAINTS – You agree to report all complaints to Reverie, within seventy-two hours of completion of the Work, providing adequate detail regarding the complaint. Failure to notify Reverie within this period acts as acceptance of the Work, confirmation that the Work was completed to your satisfaction, and a waiver of all performance related claims.
27. RIGHT TO REMEDY OR REPAIR – Upon receipt of a timely complaint, Reverie will assess the claim and, if it determines in its reasonable discretion that the Work does not satisfy the terms of the Agreement, Reverie will, in its discretion, correct or re-perform the work, or provide you a pro-rata refund of fees paid representing the decreased value of the Work, in Reverie’s discretion. You agree to allow Reverie to return to your property to remedy the complaint.
28. REFUSAL OF PAYMENT – You agree to provide full payment for services rendered and completed in good faith by Reverie without any right to deduction or setoff and prior to engaging in disputes over property damage or requesting repairs or reimbursement. You acknowledge and affirm your contractual obligation to fully pay for services when they are performed according to work order specifications and that any claim for property or other damages arising from that work is a separate matter that does not entitle you to refuse payment of any portion of the amount due to Reverie for the work.
29. COLLECTION COSTS – You agree to pay all court costs, attorney fees, collections costs, and additional sums incurred by Reverie if your invoice is not timely paid.
30. NO WARRANTIES – EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, REVERIE MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, WITH REGARD TO THE WORK, INCLUDING WITH REGARD TO PRODUCTS USED FOR PLANT HEALTH SERVICES, AND ALL SUCH WARRANTIES ARE DISCLAIMED INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSES OR THAT THE WORK WILL MEET YOUR EXPECTATIONS.
31. WORKING WITH NATURE ACKNOWLEDGMENT – Trees and plants are natural, living organisms affected by factors beyond human control. Reverie provides no guarantees, and waives any and all express or implied warranties, on tree, plant, or general landscape safety, health, or condition.
32. CABLING AND BRACING ACKNOWLEDGMENT – Cabling and bracing of trees is intended to reduce hazard potential only. It does not permanently remedy structural weaknesses, is not a guarantee against failure, and requires periodic inspection. Reverie provides no warranties or guarantees as to the effectiveness or success of any cabling or bracing and you are advised to continue to exercise caution around the area of the hazard.
33. PLANT HEALTH CARE ACKNOWLEDGMENT – Reverie provides no warranties or guarantees as to the effectiveness or success of any tree or plant treatments. If we recommend treatment, it is because we think that the tree or plant is a worthy candidate for treatment at that time.
34. CRANE RISK ACKNOWLEDGMENT – Cranes used for tree removals are very large and heavy. When driving or lifting a tree or large limb, cranes are loaded with forces that, under normal operating conditions, can cause damage to asphalt or concrete pavement, or to underground utilities, driveways, curbs, gutters, or turf. Reverie cannot guarantee that properly used crane or tree removal equipment will not cause incidental damage to a surface, nor can it undertake this work without a knowing assumption of the risk of these damages by the client for whom the work is being performed. By accepting the Proposal, you acknowledge that you have been fully informed of the risks of crane use and agree to hold Reverie harmless from damages arising from crane use during performance of the Work, except in cases of Reverie’s gross negligence or willful misconduct.
35. INSURANCE AND INDEMNIFICATION – Reverie maintains insurance for liability resulting from injury to persons or property. Certificates of insurance are available upon request. You agree that in no instance may you seek damages in excess of Reverie insurance policy limits. Further, once Work is completed by Reverie you agree to indemnify and hold Reverie and its officers, directors, shareholders, employees, representatives, and its agents harmless against any injury, loss, damages, fees, costs, judgments, claims, or expenses, including attorney fees, arising from or related to the Work performed, or in any way related to Reverie’s performance under this Agreement.
36. LIMIT OF LIABILITY – IN NO EVENT WILL REVERIE’S LIABILITY FOR ANY LOSSES, DAMAGES, AND EXPENSES OF ANY TYPE WHATSOEVER INCURRED BY YOU OR ANY OF YOUR GUESTS, TENANTS, LICENSEES, OR INVITEES IN CONNECTION WITH OR RESULTING FROM REVERIE PERFORMANCE UNDER THIS AGREEMENT (“LOSSES”), EXCEED THE AMOUNTS ACTUALLY PAID TO REVERIE HEREUNDER. IN NO EVENT WILL REVERIE BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, COSTS OF DELAY, OR OF ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, IRRESPECTIVE OF THE FORM OR CAUSE OF ACTION, IN CONTRACT, TORT OR OTHERWISE, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED TO REVERIE IN ADVANCE OR COULD HAVE REASONABLY BEEN FORESEEN BY REVERIE.
37. MEDIA – Reverie occasionally takes pictures and records video and/or sound during jobs to be used for safety, training, quality control, or promotional purposes. You grant Reverie the right to take, use, publish, and reproduce pictures, video, and sound recordings in any and all media formats for any and all purposes. In addition, you waive the right to receive any payment from Reverie for use of this media.
38. TIME TO MAKE CLAIM; DISPUTE RESOLUTION – Except as herein provided, you agree not to bring, file, initiate, commence, continue, or pursue any lawsuit, claim, counterclaim, crossclaim, or set off or any other judicial administrative, or other legal proceeding against Reverie more than one year after any incident giving rise to the claim occurred, regardless of discovery date. If you wish to bring a claim against Reverie, you must first provide Reverie with (30) days written notice of the intention to do so and engage in good faith negotiations with Reverie to settle the dispute. If a resolution is not reached within 60 days following the date of receipt of notice by Reverie, then, upon notice by either party to the other, any dispute, controversy, or claim arising out of or relating to this agreement or the breach thereof, the work performed by Reverie for you, and/or any commission or omission by Reverie, shall be submitted to and determined by arbitration before a single arbitrator pursuant to the Commercial Rules of the American Arbitration Association. The arbitration shall be held at the American Arbitration Association office closest to the site at which Reverie performed the underlying services for you. The arbitration award shall be final and binding. Judgment on the award may be entered in any Court having competent jurisdiction thereof.
39. MISCELLANEOUS – Reverie may assign this Agreement or subcontract any or all of the Work under the Agreement. Failure, delay, or waiver by either party of any of the Terms or Conditions will not constitute either a waiver or forfeiture of such rights, or of any subsequent breach by either party. Reverie shall not be liable for any claimed damage, loss, or penalty arising from or relating to any failure or delay, if such delay or failure is due, in whole or in part, to any acts or circumstances beyond the reasonable control of Reverie including, without limitation: the elements, acts of nature, acts of God, acts of any civil or military authority, civil unrest, war, invasions or hostilities, terrorist threats or acts, riots, national emergency, revolution, insurrection, epidemic, concerted labor action, labor difficulties, default or failure of any supplier, unavailability of supplies or sources of energy, any communication or power failure, or restraints or delays in transportation. The anticipated performance date shall be deemed extended for a period of time equal to the time lost due to any delay excusable by this provision. The Agreement may not be modified without written agreement of the Parties. The Agreement is binding upon and inure to the benefit of all successors and permitted assigns. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of the Agreement.