Terms and Conditions

TERMS AND CONDITIONS: Jay’s Pro Arborist Care, LLC (JPAC LLC)

1. Contract Documents: The Contract includes these Terms and Conditions, together with the Proposal, any Change Order(s), and the Invoices (collectively as the "Contract").

2. Customer: 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 his/her employer/principal to this Contract.

3. Change Orders: Upon request of the Customer, or as determined by JPAC LLC, as necessary to ensure safe and timely completion of the work, additional work may be added or subtracted from the scope of work in the Proposal (or any 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.

4. Insurance: JPAC LLC is fully insured with general liability and all employees are covered by workmen's compensation. Proof of insurance can be verified by requesting a Certificate of Insurance.

5. Minimum Visit Charge: JPAC LLC charges $250 as its base price to perform any tree work. While lower amounts may appear itemized in the proposal, the minimum visit charge still applies when lower amounts are selected to be completed individually.

6. Tree Ownership: Customer warrants that all trees/stumps listed or referred to in the Proposal, in any communication by Customer, and any Change Order are either: (1) located on the Customer's property; and/or (2) Customer has received full permission from the owner to enter into this Contract. Should any tree/stump be mistakenly identified as to ownership, the Customer agrees to indemnify JPAC LLC for any damages or costs incurred as a result thereof pursuant to the indemnity provision herein. (See section 18)

7. Work Zone: The Work Zone shall include all areas to be used by JPAC LLC while performing the work, including all areas needed for employees, tools, vehicles and equipment, entry and exit areas, any areas used for dropping, lowering and cleanup of debris, hauling, loading and unloading debris, areas needed for the setup, use and mobility of equipment. 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 in such manners outlined in the Work Zone as necessary to ensure safe, efficient and timely completion of work.

8. Stump and Root Grinding/Removal: Stumps will be ground to a depth of between 6-8″ unless another specification is provided in the Proposal or Change Order. Unless otherwise agreed to in the Proposal or a Change Order, the following are not part of the Contract unless an amount or a rate is specifically listed:
a. Stump removal;
b. Removal of stump grindings; and
c. Surface and subsurface roots.

9. Post Work Zone Condition: Upon completion of the work, JPAC LLC shall remove all brush, wood and rake debris from services rendered. This excludes work where brush, wood or other debris is to remain on site as agreed upon by customer. Excess sawdust that cannot be raked and pre-existing debris on property will not be removed unless other agreements have been made.

10. Locates: Locates by the local utility locating service (Call Before You Dig) may be necessary and recommended for your stump grind. If there are other lines buried (ex: electrical, water, sewage, custom drainage done by the homeowner, water features, invisible pet fences or other lines not related to the utility locating service) please inform us. JPAC LLC is not responsible for buried lines or piping we cannot see or have not been made aware of.

11. Customer's Work Zone Responsibilities:
a. Work Zone Entry/Exit: Customer agrees not to enter the Work Zone during the performance of the work unless authorized by the crew leader on-site. Customer further agrees to keep the Work Zone free and clear from all people and pets not associated to the work or JPAC LLC. JPAC LLC is not responsible for pets or children getting out of any enclosure while work is being performed.
b. Work Zone Clearing: Customer shall remove all toys, furniture, decorations, swing sets, ornaments, potted plants, birdhouses, lighting, wind chimes, flags, hammocks, tree swings, and any other items of value from the Work Zone prior to commencement of the work. We pride ourselves in working free of any property damages or injuries, however accidents can happen. If you cannot move some of these items alone and do not request our help in advance, or simply do not complete this process then you automatically waive the right to hold us accountable for damages to them.

12. Delays/Costs Due to Customer Failure, Unforeseen Conditions, or Conditions Outside JPAC LLC's Control: Any additional work, work time, special tools or equipment needs in order to complete the Contract, caused by any reason or unforeseen condition beyond JPAC LLC's control, will be the responsibility of Customer and shall be paid for by the Customer on a time and material basis at JPAC LLC's customary rates or as required by any subcontractor of JPAC LLC. These conditions may include, but are not limited to: large nests of stinging insects, aggressive, venomous and rabid animals, harmful plants/fungi/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 (Examples: New structures such as privacy fence, deck, shed, garage, carport, etc or landscape changes such as steep slope, irrigation, retaining wall, new plants/shrub/trees, etc) after the date of the Proposal or Change Order.

13. Lawn & Surfaces Damage/Repair: JPAC LLC aims to minimize potential disturbances to the customer's lawn and surfaces. However, JPAC LLC must utilize vehicles and equipment, sometimes heavy equipment, in most instances to perform tree care services. JPAC LLC will notify in proposal what equipment may be used and where. JPAC LLC shall not be liable for light damages to lawn, landscaping, sod, or plant material in the execution of its work or causes beyond their control (Examples: Shallow ruts in yard due to wet conditions or loose soil from burrowing animals, limbs falling on flowerbeds, cracking of paved surfaces and/or sidewalk unable to support weight of trucks/equipment after permission to use it for access.)

14. Treatments, Fertilization and Plant Health Care: JPAC LLC aims to provide the most effective methods and products with proven success according to the current research and success rates as tested and proven in arboriculture. Success, however, isn’t guaranteed for any tree or shrub treatments because of each tree and shrub’s unique responses to biotic and abiotic factors over time. If JPAC recommends treatment, it is because JPAC thinks that the tree or shrub is a worthy candidate for treatment at the time of consultation. Trees and shrubs are natural, living organisms affected by multiple factors that mostly go beyond human control. There is no guarantee that any parts of the trees, plants or general landscape will not fail after services have been rendered.

15. Payment: JPAC accepts cash, check, money order, cashier's check, credit/debit cards, PayPal and ACH payment through online billing. Payment is due immediately upon completion of the work. In the event there are no extra charges or Change Orders, Customer 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) the customer shall pay for such work within seven (7) days of receipt of the invoice. Failure to remit full payment when due shall result in a $50 late fee plus interest, at the rate of 1.8% per month. JPAC LLC is entitled to its costs and reasonable attorney fees and appellate attorney fees for collection. Any partial payments will be first credited to penalties, interest, costs and attorney fees before credit to principal.

16. Deposit: Prior to starting work, JPAC requires a deposit of $250.00 for any work up to $999.00 in total price. A deposit of 1/3 (one-third) of the total price is required for any work exceeding $999.00 in total, including any taxes or fees. The deposit will be applied to the total balance that was agreed upon by both parties within the contract. The deposit is also completely refundable up to 48 hours before the scheduled work date. (See customer cancellation policy, section 17).

17. Customer Cancellation: JPAC LLC requests that the authorizing party provide at least 48 hours advance notice for cancellation. A $150 cancellation fee will be applied to any notice less than 48 hour notice. If a crew has already been dispatched to the job site, the customer will be assessed a mobilization fee of $250.00 from the deposit.

18. Emergency/Hazard/ Storm Damage work: Although JPAC is committed to the mitigation of any potential occurrence of injury or property damage while services are being rendered there are many unforeseen circumstances that can arise during operations on emergency, hazardous and storm damage work beyond JPAC’s control. The customer/owner agrees to indemnify and hold harmless JPAC LLC, its employees, and its agents for any injury, loss, or expenses as a result to any unforeseen circumstances that arise while services are being performed under these classified conditions, as outlined in the contract. In the event of an emergency call out, a NON-REFUNDABLE mobilization fee of $250 will automatically be assessed to the customer.

19. Insurance/Indemnity: JPAC LLC possesses insurance that provides coverage in the event of injury to persons or damages to property arising directly from the negligence of JPAC LLC and/or its employees. Further, all of the employees of JPAC LLC are covered by Worker's Compensation Insurance. Once the work subject to this contract has been completed by JPAC LLC, customer/owner agrees to indemnify and hold harmless JPAC LLC, 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 JPAC be liable to customer/owner for any damages of any sort that occur more than two months (or 60 days) after the scope of work subject to this contract has been completed, regardless of whether the damages arise from the work performed by or at the direction of JPAC LLC. The parties herein further agree that in no instance can the customer/owner seek damages in excess of JPAC LLC’s applicable policy liability.