(“Provision Arbor Care”, is herein known as “PAC” and the above-named customer is herein known as “Client”)

Proposal Expiration: Due to the current economic atmosphere, the potential for pricing fluctuations, and supply chain issues, this proposal is valid for 30 days after the date it is delivered. Should the client decide, after those 30 days, to proceed with the work outlined in this proposal updated pricing can be obtained by contacting your Designer.

Scheduling: Schedules are contingent upon weather, material availability, and other delays beyond PAC’s control. PAC will not be liable for any financial damages incurred by the client, due to those delays. PAC requests that the client provides notice for cancellations a minimum of 30 days before the scheduled job start. If a job is canceled by the client after a signed proposal and job deposit have been received, the client may be liable for the cost of any job materials that have been ordered and that cannot be returned, equipment rental costs, or any restocking fees incurred by PAC, design time, cost of project management, and administrative time.

Access: Fencing or existing structures sometimes need to be dismantled before accessing the project area with the necessary construction equipment. Unless otherwise specifically included in the scope described above the customer is responsible for the cost of removing and reinstallation of these existing structures. If PAC needs to remove fencing or existing structures to access the worksite PAC is not responsible for any damages related to the removal or reinstallation of the fencing or other existing structures.

Equipment Access:  For equipment to access (such as cranes, aerial lifts, skid steers, mini skids, stump grinders, etc.) specific areas, it may be required to be placed on or cross paved/concrete surfaces such as driveways, walkways, or other hard surfaces.  If we are not authorized to access or travel across hard surfaces as needed the client must notify PAC before bid acceptance.  Pricing may vary with any changes to the scope of work, including denial of access to hard surfaces.

Neighboring Properties Access: The client is responsible for contacting neighbors and obtaining authorization to access their property.  PAC will provide an authorization form to the client.  This authorization form must be completed and submitted to PAC before the job start.

County or Municipal Permitting: The client is responsible for all permitting fees assessed by any County, city, or municipality. This includes Engineering Work or Stamps required to prepare the permit application. RAC recommends adhering to your local municipalities’ permitting requirements, but we leave the decision to pursue permits with the property owner. Should the client forego the permit application and approval process PAC is not responsible for any resulting outcome. PAC is not responsible for any change in costs, designs, or scope of work dictated by the permit-approving authority.

HOA Approval:  The client shall be responsible for obtaining and paying for all necessary approval from applicable Home Owner’s Associations.

Plant Warranty: PAC warranties tree & shrubs for 1 year after the date of completion. The warranty does not cover annual or perennial plants, seed, or sod. RAC shall not be responsible for any damage due to neglect, vandalism, abuse, or willful damage. A replacement will be provided once, no multiple replacements will be made. To request a plant replacement, please contact our office. PAC will not replace any plant material that has been removed. The warranty does not go into effect until the entire project has been paid in full.

Hardscape Warranty: PAC warranties all construction labor and workmanship for 1 year. Individual hardscape manufacturer material warranties may apply to your project depending on the materials chosen. There is no warranty for any natural stone or natural non-manufactured material. It is also important to note that many manufacturer warranties stipulate that application to products of non-approved chemicals (such as salt, calcium, or non-approved sealers, or cleaners) will void the material warranty. Should a manufacturer’s warranty provide for a replacement of existing damaged hardscape material, PAC will still require that the labor for replacement or reconstruction be billed separately unless otherwise agreed upon by the manufacturer in writing.

Turf Repair & Existing Plant Replacement: Due to the nature of tree trimming/removal or landscape construction process lawn, turf, and existing plant material may be damaged in the trimming/removal/construction process. PAC will provide an estimate for any foreseen turf repair or plant replacement. If the client does not approve that portion of the estimate PAC is not responsible to repair or replace any damaged turf or existing plant material.  Additionally, PAC is not responsible for damages to underground sprinklers, drain lines, invisible fences, or underground cables unless the authorizing party adequately and accurately provides a map of the existing systems/components before the start of the work.

Unforeseen Obstructions: Any additional work or equipment required to complete the job, caused by either the client’s failure to make known or generated by previously unknown obstructions or any other condition not apparent in the estimating process, shall be paid for by the client on a time and materials basis. PAC is not responsible for any unforeseen circumstances related to underground incidentals (such as boulders, tree stumps, buried and unmarked lines, unmarked irrigation lateral lines, etc.) that could result in increased costs.

Payment Terms: The terms of payment are in full after the completion of the work, unless otherwise specified. A service charge of 3% per month will be added to accounts not paid in full 30 days after the invoice date. A 3.5% processing fee will also be added for payment by debit/credit cards on all payments. Should the customer fail to make full payment due to PAC, they shall be responsible for the cost of collection, including the reasonable cost of PAC’s attorney’s fees and court costs.

Insurance and Liability: PAC carries insurance for liability from injury to persons or property. Workers’ Compensation insurance covers all PAC employees. The parties herein agree that the customer may seek damages over PAC’s liability insurance policy limitations in no instance. Copies of PAC’s Certificate of Insurance can be requested and obtained by contacting our main office.

Legal Terms: The terms and conditions of this contract shall be interpreted and governed according to the laws of the State of Missouri. The venue shall be in the County of St. Charles