Terms and Conditions
The following terms and conditions are a part of the confirmation of work to be performed by ASPEN SERVICES INC and with the information on the written contract constitute the entire agreement.
PERFORMANCE ASPEN SERVICES INC shall attempt to meet all performance dates, but shall not be liable for delays due to inclement weather, changing site conditions, or other causes beyond its control. The customer shall not be relieved of this contract due to delays.
WORKMANSHIP All work will be performed in a professional manner by experienced personnel outfitted with the appropriate tools and equipment to complete the job properly. Unless otherwise indicated herein, ASPEN SERVICES INC will remove all resulting wood and brush and leave our work area cleaned.
INSURANCE ASPEN SERVICES INC is insured for liability resulting from injury to persons or property and all its employees are covered by Workers Compensation Insurance. Certificates issued upon request. A certificate may be requested at any time, however, not having a certificate on file shall not constitute an excuse to withhold payment and any fees noted in TERMS OF PAYMENT will be applicable.
TERMS OF PAYMENT All accounts are payable upon completion of work. A late fee and service charge of 5% per month will be added to accounts beginning thirty (30) days after the invoice date. If outside assistance is used to collect the account, the customer is responsible for all costs associated with the collection, including but not limited to attorney fees and court costs.
PERMITS Unless otherwise noted on the contract, it shall be the customers’ responsibility to obtain and pay for all required permits prior to commencement of work. The customer warrants that they have obtained all necessary permits 48 hours prior to work and shall be responsible for any damages due to un-obtained permits and/or permissions.
PROPERTY LINES & RESTRICTIONS Customer shall indicate to ASPEN SERVICES INC the corners of the property and shall assume all responsibility for accuracy of markers. Customers shall give a copy ASPEN SERVICES INC of any restrictions, easements or right of others prior to commencement. Aspen Services Inc. will be held harmless on any claims or damages resulting from the failure to do such and the customer will be liable for all resulting expenses.
PROPERTY DAMAGE ASPEN SERVICES INC implements ground protection whenever a vehicle is to betaken onto unstable surfaces such as lawns or yards. ASPEN SERVICES INC will repair any damage done to property as a result of their negligence or mistake. ASPEN SERVICES INC will not be responsible for any damage done to solid surfaces due to unforeseen conditions including but not limited to; poor workmanship, undermined sidewalks and drives, hidden obstructions, and/or deteriorated conditions. Depressions underneath ground protection matts do not constitute damage.
CONCEALED UTILITIES Customer represents that he has no knowledge of any concealed utilities other than those, if any, set forth on the face page of this Agreement in a special remark and will not hold ASPEN SERVICES INC responsible for damage to such utilities unless Aspen Services Inc has been informed and each utility is clearly and properly marked. IE sprinkler systems, septic systems, cesspools.
ACCESS TO WORK Customer shall provide free access to work areas for ASPEN SERVICES INC employees and vehicles and agrees to keep driveways and worksites clear and available for movement and parking of required trucks and equipment during normal work hours. Should any such obstructions be present on scheduled date and inhibit the performance of work the customer will be liable for a charge of up to60% of the contract price to cover lost time, wages, and profit. If pet waste or other conditions that can pose a hazard to the health of the crew are present, there will be a fee of $150.00 to clean the area and create a suitable work environment.
CONCEALED CONTINGENCIES Customer agrees to pay ASPEN SERVICES INC on a time and materials basis for any additional work required to complete the job occasioned by concrete, other foreign matter, stinging insect nests in the tree or trees or branches, rock, pipe or electrical lines encountered in evacuations that are not described on the face of the Agreement or any other condition not apparent when estimating the work specified.
STUMPS Stumps will be cut as close to grade as possible, typically to within approximately twelve (12)inches of ground flare level unless specified to the contrary on the face of this Agreement. Stumps containing foreign materials, such as those noted in the CONCEALED CONTINGENCIES section, will be cut above the location of the foreign material or the customer will be charged on a time and material bases as described above.
STUMP GRINDING Stump grinding is only included in this Agreement when specifically noted on the main contract. Aspen Services Inc. will call for a mark out of all municipal utilities. However, it is the customers responsibility to notify Aspen of any additional underground utilities as set forth in CONCEALED UTILITIES section of this contract or Aspen Services Inc will not be liable for any resulting damage. All grindings will remain neatly piled on property unless otherwise specified on the contract.
ADDED WORK In the event the customer requests we address additional items beyond the originally agreed upon scope of work, they will be billed on a time and material basis unless each item is specifically quoted in writing. Hourly rates for such are as follows: LABOR - Ground Crew per man $85, Climber/Aerial Lift Operator $105 EQUIPMENT - Crane service $225/hr., Stump grinding $195/hr., Aerial Lift $195/hr., Chipper Service $175/hr., Skid Steer $125/hr. DISPOSAL – Woodchips $15/yd, Brush and Yard Waste $30/yd Logs $45/yd. Customer will only be billed for the items needed to perform the additional work.
CANCELLATIONS AND DEPOSITS DEPOSITS: Deposits are Non-Refundable and forfeited upon and cancellation. CANCELLATIONS: Cancellations of an approved contract are not subject to a service fee unless the work is scheduled within 5 business days of the cancellation. Cancellations within 3-5 business days of the scheduled date are subject to a 40% service fee. Customers may be liable for a service fee of up to 60% of the contract price for any cancellations of emergency work, or cancellations/rescheduling within 3 days of the scheduled work date. ASPEN SERVICES INC reserves the right to cancel a contract at any time for reasons included but not limited to, changed site conditions, changed disposal fees, or any conditions affecting the work that become apparent after the initial contract date. These service fees will only apply if Aspen Services Inc has incurred a financial burden resulting from the cancellation or rescheduling, primarily resulting from the inability to reschedule another job in the time allotted.