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Agreement: This contract represents the entire agreement between you and us and may not be amended or modified except by a subsequent written agreement. Any alteration or deviation from the above specifications involving extra costs will be executed only upon written order and will become an extra charge over and above this contract. All agreements contingent upon accidents or delays beyond our control. All work is guaranteed to be performed in accordance with the specifications submitted and completed in a substantial work-like manner, with payments to be made as outlined below.
All deposits are non-refundable. Payment(s): A deposit maybe required to schedule any service(s) the balance of each individual service is due upon completion of each individual service. All deposits are non-refundable.
Cancellations given same day scheduled work are subject to a 50% Cancellation Fee. Cancellations not given at least 3 business days prior to scheduled work are subject to a cancellation fee of $75 or 10% of contract, whichever is greater.
Cancellation Fees are in addition to non-refundable deposits.
Late Fees/Finance Charges/Collection Fees: A late fee of 15% will be assessed 14 days after service on any unpaid balances. In addition, a finance charge of 10% per month will be assessed to any unpaid balances and late fees. All costs incurred in the collection of past due balances and any legal fees resulting from the above collections are the sole responsibility of the customer and will be added to any unpaid balances, late fees and finance charges.
Palm Trees (Seed Pods/Skinning): Twilight Tree and Landscape will not come back to remove seed pods off from palms after initial trimming, except for an additional fee. Additionally, skinning the trunks of Palm Trees is an additional service not included in a regular trimming of annual frond growth. If skinning of the trunks is not purchased, any loose skins that fall as a result of climbing the palms will not be cleaned up except for an additional charge.
Stump Grinding/Digging, etc.: All services are done at the customer’s request and because such items are not known and/or unseen; Twilight Tree and Landscape is not responsible for ANY damage as a result of stump grinding, digging/trenching, root feeding etc. to ANY underground items including; but not limited to: utilities (Electrical/Gas/Water etc.), irrigation/sprinkler lines, pool equipment/pipes, lighting, fireplace/bbq gas lines etc..
Suckers after Removal, Stump Grinding and/or Treatment: Many species of trees produce sucker growth from their roots.Sometimes removal of the main stem (trunk) can accelerate this sucker growth even if the stump is ground. Unless otherwise specified in writing our stump grinding price includes grinding the main trunk of the tree 4”-6” below grade. There are many claims of methods that control this through various poisons and mechanical processes. Some may help; none can be guaranteed. We recommend to our clients that if their tree tries to make a comeback after removal that they treat the suckers like any other weed in their yard until they
Twilight Tree and Landscape will not return at no charge to alleviate any “suckers” as described above. Some of the trees notorious for sucker growth include, but are not limited to: SISSOO, Acacia, Olive, Cottonwood, Sycamore, Sumac, Pepper, Palo Verde and Carob. We do offer a stump treatment with TVC (Total Vegetation Control) for an additional cost, however, stumps of
invasive species will often take multiple treatments.
Planting Guarantee & Limited Warranty: Planting shall be guaranteed/warrantied for 3 (three) months from the date of installation.
This warranty covers a one-time replacement that includes plant material and labor costs provided that an automatic watering system is installed or is existing and operating correctly at time of planting. Twilight Tree and Landscape to verify everything is in working
condition. Trees must be properly watered and maintained.
The warranty includes only defects in materials or workmanship and expressly excludes any plant material that is affected by insect and/or disease, plants that do not survive due to failure to provide normally accepted horticultural/arboriculture care and maintenance and/or damage caused by humans, animals, wind, freezing, fire, flooding, any other natural phenomena, or damage by any other cause.
Newly Planted Trees: Water all newly planted trees daily, for the first 10 days. After this period, follow watering guidelines that meet your trees’ needs and are appropriate for your soil conditions. A watering guide can be found at www.wateruseitwisely.com.
Trees and shrubs can show some stress immediately following planting, but normally they will recover quickly. You should keep a close eye on your new plants. At the first sign of something unusual with your new plant material, contact your arborists immediately regarding your concerns. The Arborist can assist you with information to help keep your new plant material healthy. Under watering, over watering, insect infestation and lack of winter watering can all have adverse effects on a young plant. If caught early these problems can be evaluated and remedied. Waiting to call your arborist until after your plant is already dead can void your warranty.
Planting Guarantee for trees and shrubs does not cover: Storm damage, Frost damage, Vandalism or Neglect.
Property Boundaries and Ownership: You are responsible for providing the Company, prior to the commencement of the Work, with accurate and complete information about the boundary lines of the property and any restrictions, easements, encumbrances or rights-of-way that affect or relate to the Property. You are assuring the Company that all of the trees, plants, and property upon which the Work will be performed are owned by you, or that you have the authority to order the Work.
Irrigation Guarantee & Limited Warranty: Twilight Tree and Landscape warrants the workmanship ONLY of materials installed for a period of 2 (TWO) YEARS from the date of installation. MAJOR system components such as the controller, valves, sprinkler heads, pipe and backflow device are warrantied by the manufacturer directly, not by Twilight Tree and Landscape and length of warranty may vary from manufacturer to manufacturer. Minor system components such as, emitters, 1⁄4” poly, diaphragms, etc. are not typically warrantied by any manufacturers. This warranty expressly excludes improper usage of the system, damage caused by pets, freezing, fire, flooding, any other natural phenomena, or damage by any other cause. Any modification or repair of the system by any person(s) and/or company other than Twilight Tree and Landscape voids this warranty. Further, this guarantee and limited warranty does not apply to clogging of system components due to debris in the water supply, any defects or insufficiencies resulting from decrease in water main static pressure, changes to landscaping, changes to plant growth, increases and decreases in the size of the customer’s lot. During the guarantee and limited warranty, customer shall be solely responsible for all adjustments to sprinkler heads and the controller. The guarantee and limited warranty hereunder are in addition to all manufacture’s warranties.
THE ABOVE LIMITED WARRANTIES SHALL BE THE EXCLUSIVE WARRANTIES MADE BY TWILIGHT TREE AND LANDSCAPE AND NO OTHER. WARRANTIES SHALL APPLY, WHETHER EXPRESSED OR IMPLIED. TWILIGHT TREE AND LANDSCAPE EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY OF MERCHANTABILITY
Note: This proposal may be withdrawn by us at any time.
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