It is agreed by and between Bouwer Enterprises LLC, D.B.A.  Mike’s Tree Service and (Customer, Customer’s and/or Customer’s agent) that the following provisions are made as part of this contract:

Insurance by Contractor: Mike’s Tree Service hereafter will be referred to as MTS, warrants that it is licensed and insured for liability resulting from injury to person(s) or property, and is an ISA Certified Company. Certificates are available upon request. 

Estimate: All estimates are valid for 60 days and must be accepted via written email or signed estimate. Phone calls and/or texts are a great way to communicate but cannot be construed as a binding agreement.

Scheduling/ Cancellation: MTS will do its best to arrive on scheduled work date. Schedules are contingent upon weather, and other delays beyond our control and MTS shall not be liable for damages, losses, or injuries, including any incidental or consequential damages as a result of those delays. MTS requests that the authorizing party provide at least 72 hours’ notice for cancellation. Cancellations within 72 hours may be subject to a rescheduling fee of $100.00

Personal property/concealed contingencies/foreign materials: The Customer will be responsible for removing all personal property from the worksite area in advance of the scheduled arrival dates. If the Customer fails to remove all items in advance or requires assistance in moving items MTS will make best effort to relocate these items or protect them to the best of our ability but will not be held liable for damage. The Customer will make aware any considerations such as underground septic tanks, buried tanks, or irrigation pipes, ext., that requires special consideration when accessing the job site area. The Customer will be liable for damages due to a failure to report any underground hazards, structures, or personal property that MTS has not been made aware of in advance during the estimate/quote process.

Workmanship/Performance: All work will be performed professionally, with the appropriate tools and equipment needed for proper job completion.

Debris Removal: All debris from tree trimming and tree removal operations shall be cleaned up unless otherwise coordinated between the client and MTS. All lawn area shall be raked, streets and sidewalks in the worksite area shall be cleaned, and all brush, branches, and logs that were a direct result of the project shall be removed from the site unless stated otherwise on the written contract or quote.

Stump Removal: Unless specified in the proposal, stump removal is not included in the price quoted specifically for tree removal. Grindings from stump removal are not removed from the project unless specified in this quote. Surface and subsurface roots beyond the stump are not removed unless specified in this quote.

Additional Work: 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 tree trunk, the branches, underground, or any other condition not apparent in estimating the work specified, shall be paid for by the Customer

Unmarked Utilities: MTS is not responsible for damages to underground sprinklers, drain lines, invisible fences, or any other underground cables/utilities 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.

Lawn & Surfaces Damage/Repair: MTS will attempt to minimize all disturbances to the Customer’s lawn and surfaces.  However, in many cases MTS must utilize large vehicles & equipment designed to perform tree care services. MTS shall not be liable for damages to driveways, landscaping, sod, and/or plant material in the execution of its work or causes beyond their control (Examples: Ruts in yard from heavy equipment, limbs falling on flowerbeds, cracking of paved or concrete surfaces and/or sidewalk due to weight of trucks/equipment etc.). Ground mats can be used upon request. Customers approval releases MTS of liability for any damage caused by weight of equip. 

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 written permission from the owner to allow MTS to perform the specified work.

 Completion of Contract: MTS agrees to do its best to meet any agreed upon performance dates but shall not be liable in damages or otherwise for delays due to inclement weather, labor or any other cause beyond their control; nor shall the Customer be relieved of its responsibility to pay for the work in full due to delays in work completion.

Terms of Payment: Unless otherwise noted in this proposal, the Customer agrees to pay the account in full within 30 days upon completion of the work. Payments not received within 30 days will be assessed a late fee of 1.5% of any outstanding balance per month.  MTS retains all rights and remedies under law for nonpayment, including but not limited to a Mechanic’s Lien on the subject property.

Types of Payment: Check, cash, are accepted as forms of payment on any amount. 

Returned Check Fee: There will be a $35.00 fee charged for all checks returned to our office for any reason.

 Media Release: MTS may take video, audio, and/or pictures of the progress of the project to be used for promotional purposes. By accepting this agreement the Customer grants MTS the right to use, publish, and reproduce for any purpose and in any format chosen on any medium. Additionally, the Customer waives all rights to receive any compensation for the use of this media.

Dispute Resolution (Limitation of lawsuit): Except as herein provided the Customer agrees not to bring, file, initiate, commence, continue, or pursue any lawsuit, claim, counterclaim, cross-claim, or set off or any other judicial administrative, or other legal proceeding against MTS more than one year after any incident giving rise to the claim occurred, regardless of discovery date. If Customer wishes to file lawsuit against MTS, Customer must first provide MTS with (30) days written notice of the intention to do so and the same opportunities to cure.

Agreement and Authority: Upon acceptance the Customer represents that he/she has full authority to sign this contract for work specified at the agreed upon address where the work is to be completed. This is the entire agreement between the parties, and all prior discussions, negotiations, and representations are merged into and superseded by this contract, and Customer cannot rely on such matters that predate this Contract or any verbal agreements prior to, during or after the date of the agreement.