Standards of Operation and Contract Terms & Conditions:
ASTE Solutions, LLC (DBA: Arbor Source Tree Experts) hereafter noted as ASTE Solutions is dedicated to making our services the best they can be, however there always exist circumstances beyond our control. By agreeing to contract ASTE Solutions’ services you (hereafter noted as authorizing party or customer) understand and agree that our services are provided “AS IS” and “AS AVAILABLE'' without any warranty (Express or Implied).
Please don’t hesitate to notify the sales office of any questions or concerns at customercare@arborsource.net or (832) 671-0331.
Standards of Operation
Completion of Contract: ASTE Solutions promises 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.
Safety: ASTE Solutions 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.
Operational Standards: ANSI A300 are voluntary industry consensus standards based on current research and sound practice for writing specifications to manage trees, shrubs, and other woody plants. Our work is done in accordance with ANSI A300 Tree Care Standards, unless otherwise noted.
Media Release Notice: ASTE Solutions personnel occasionally takes pictures and records video and/or sound during particular jobs to be used for training and promotional purposes. The authorizing party grants ASTE Solutions the right to use, publish, and reproduce pictures, video, and sound recordings in any and all media formats for any and all purposes. In addition, the authorizing party waives the right to receive any payment from ASTE Solutions for use of this media.
Terms and Conditions
Below are our terms and conditions, which apply to each contract, unless otherwise noted.
Contract Documents: The Contract includes these Terms and Conditions, together with the Job Proposal, any Change Order(s), and the Invoices (collectively as the "Contract").
Customer or Authorizing Party: Unless otherwise agreed to, the Customer is the person to whom the proposal is addressed, along with his/her employer or principal. Customer warrants that he/she is fully authorized to contract and bind him or herself, employer or principal to this Contract.
Change Orders: Upon request of the Customer, or as determined by ASTE Solutions as necessary to the safe and timely completion of the work, additional work may be added to or subtracted from the scope of work in the Proposal (or by other Change Order) by written Change Order, and the Customer shall be responsible for payment of all such additional work as provided in the Change Order or as provided herein.
Property/Asset Ownership: Customer warrants that all trees, shrubs and lawns listed or referred to in the Proposal, in any communication by Customer, and any Change Order are either:
Located on the Customer's property; and/or
Customer has received full written permission from the owner to enter into this Contract.
If written permission is required ASTE Solutions must be provided the contact number for the tree, shrub or lawn owner.
Should any tree, shrub or lawn area be mistakenly identified as to ownership, the Customer agrees to indemnify ASTE Solutions for any damages or costs incurred as a result thereof pursuant to the indemnity provision herein.
Work Zone: The Work Zone shall include all areas used and to be used by ASTE Solutions in the performance of the work, including all areas needed for mobilization, access, hauling, boom swing, ingress and egress. Customer warrants that the Work Zone is either: (1) located on the Customer's property; and/or (2) located on another's property and the Customer has received full permission from the other property owner to enter into this Contract and to conduct work on that property.
Customer Work Zone Responsibilities
Work Zone Entry: Customer agrees not to enter the Work Zone during the performance of the work unless authorized by the crew leader on-site. Customers further agree to keep the Work Zone free and clear from all employees, family members, children and pets. ASTE Solutions is not responsible for pets getting out of any enclosure. NO PERSON OR ANIMAL SHOULD BE ALLOWED IN THE WORK ZONE FOR 3 HOURS AFTER ANY FOLIAR TREATMENT (EXTERNAL SPRAY) OF INSECTICIDE OR HERBICIDE.
Work Zone Clearing: Customers shall remove all items of value that might be damaged by the work to be done from the Work Zone prior to commencement of the work. The Customer automatically waives the right to hold ASTE Solutions accountable for damage to any items not removed.
Additional Costs Due to Customer Failure, Unforeseen Conditions, or Conditions Outside ASTE Solutions’ Control: Any additional work, work time, or equipment needs required to complete the Contract caused by the Customer's failure to complete its responsibilities herein, or caused by unforeseen conditions or conditions outside or beyond ASTE Solutions’ control, will be the responsibility of the Customer and shall be paid for by the Customer on a time and material basis at ASTE Solutions’ customary rates. These conditions may include, but are not limited to: animals, harmful plants, fungi, or organisms, Work Zone access issues, additional work needed to access the Work Zone or within the Work Zone due to changes, foreign material in trees and stumps, and changed conditions within the Work Zone after the date of the Proposal or Change Orders.
Lawn & Surfaces Damage/Repair: ASTE Solutions will attempt to minimize all disturbances to the customer's lawn and surfaces. However, ASTE Solutions must utilize vehicles & equipment to perform tree and lawn care services. ASTE Solutions shall not be liable for damages to landscaping, sod, plant material or other Customer property in the execution of its work or causes beyond their control (Examples: Ruts in yard due to wet conditions, limbs falling on flower beds, cracking of paved surfaces and/or sidewalk due to weight of trucks/equipment etc.)
Working with Nature: Trees and plants are natural, living organisms affected by factors beyond human control. No guarantee on trees, plants or general landscape safety, health or condition is expressed or implied.
Treatments, Fertilization and Plant Health Care: ASTE Solutions 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, shrub or lawn is a worthy candidate for treatment at that time.
Payment: Payment is due immediately upon completion of the work. In the event payment cannot or is not made at the time of service, Customers shall pay the Contract price listed in the Proposal within seven (7) days of completion of the work or within (7) days of the invoice, whichever is first. If additional work is needed (by Change Order or as provided herein), Customers shall pay for such work within seven (7) days of receipt of the invoice. In the event payment in full is not made within 30 days after the invoice date, a $35.00 late fee will be assessed to the account. Any partial payments will be first credited to penalties, interest costs and attorney fees before credit to principal.
Customer Cancellation: ASTE Solutions requests that the authorizing party provide at least 24 hours advance notice for appointment cancellation. Depending on the type of service and other conditions, a cancellation fee could be incurred as determined by ASTE Solutions management team. If a crew has been dispatched to the job site, the customer will be assessed a mobilization fee of $150.00 for incurred expenses.
Insurance/Indemnity: ASTE Solutions maintains a general liability insurance policy that provides coverage in the event of injury to persons or property arising directly from the negligence of ASTE Solutions and/or its employees. (Proof of insurance can be verified by requesting a Certificate of Insurance from our office.) Once the work subject to this contract has been completed the customer/owner agrees to indemnify and hold harmless ASTE Solutions, its employees, and its agents for any injury, loss, or expense in any way related to services performed under this contract, other than as expressly set forth above. In no event shall ASTE Solutions be liable to the customer/owner for any damages that occur more than six (6) months after this contract has been completed, regardless of whether the damages arise from the work performed by or at the direction of ASTE Solutions. The parties herein further agree that in no instance can the customer/owner seek damages in excess of ASTE Solutions applicable insurance policy liability coverage.
Updated: 5/9/2024