HomeMy WebLinkAboutHyde Park Tree Project 2YOUR
Founded in 1880, our organization is dedicated to providing
quality service and caring for trees. As we’ve grown, our
employee owned company welcomed new brands into the
Davey family. As a valued client, you will receive the benefit
of that dedicated service from your local brand, backed by
national resources.
Included with this document, you will
find a proposal from your local arborist.
We thank you for considering us for your
landscape needs and we look forward to
caring for your property. If you have any
questions, please contact your arborist.
Thank you!
Visit our website for property care tips, resources and to find your local office.
Proposal
OUR FAMILY
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Tree Care Service Period Price*Tax Total
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Other Important Terms: See the attached “Terms and Conditions” either set forth on the reverse side of this Agreement or attached to this
Agreement for additional information, such as early termination, maintenance responsibilities, warranties, late and default charges and
insurance.
ACCEPTANCE OF PROPOSAL: By signing below, Client agrees and accepts the terms and conditions stated above and the Terms
and Conditions either set forth on the reverse side of this Agreement or attached to this Agreement. Company is authorized to do
this work as specified. All deletions have been noted. I understand that once accepted, this Agreement constitutes a binding
contract. If Client is a legal entity, the undersigned hereby represents that the undersigned has full authority to enter into this
Agreement on behalf of Client. This proposal may be withdrawn if not accepted within 30 days.
YOU ARE ENTITLED TO A COMPLETELY FILLED IN COPY OF THIS AGREEMENT, SIGNED BY BOTH YOU AND US,
BEFORE ANY WORK MAY BE STARTED
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DOOR-TO-DOOR SALE/ HOME SOLICITATION: If this Agreement is the result of a Door-to-Door or Home Solicitation Sale
(under applicable state or federal law), the following provision applies:
You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this
transaction. See the attached notice of cancellation form for an explanation of this right. If you cancel this agreement, the
seller may not keep all or part of any cash down payment.
CLIENT:
Signature:
Name (print):
Title:
Date:
COMPANY:
Signature:
Name (print):
Title:
Date:
John CvikotaJohn Cvikota
Sales Arborist
12/2/2024
CLIENT CARE GUARANTEE :
We guarantee to deliver what we contract to deliver. If we fail to deliver, we will work with you until you are satisfied, or we will not
charge you for the disputed service.
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TERMS AND CONDITIONS
1. Exclusive Terms. Client and Company agree that these Terms and
Conditions are the sole and exclusive terms and conditions of this
Services Agreement (this "Agreement"). Any additional or different
terms or conditions not contained herein, including, without limitation,
any request or communication by Client regarding the Services, are
hereby rejected by the parties, unless agreed to in writing, identified as
an amendment to this Agreement, and signed by both parties.
2. Client. If Client is a legal entity, the term Client shall include all
parent, subsidiary, related, and affiliated entities and each of their
respective officers, directors, members, owners, employees, agents,
representatives, contractors, and insurers.
3. Limited Scope of Services. Company agrees to perform only the
services (the "Services") expressly listed on the first page of this
Agreement. Client understands and agrees that Company is not
required to perform any services other than the Services.
Notwithstanding the foregoing, if Company provides additional or
different services with Client's written approval, additional fees, costs,
and charges will apply, and Client agrees to pay such additional fees,
costs, and charges.
4. Jobsite. Client represents and warrants that Client has, and at all
times will have, authority to grant access, and does hereby authorize
and grant access, to Company to enter the property or properties where
the Services are performed ("Job Site"), including all streets, sidewalks,
and all surrounding property or areas necessary to gain access to or
remove material from the Job Site. Client understands and agrees that
Company has relied upon this representation and warranty to perform
the Services. Client further represents and warrants that the Job Site is
not in violation of any applicable codes, ordinances, statutes, or other
governmental regulations. While Company may assist, Client is
responsible for obtaining any necessary permits in connection with the
Services, unless otherwise agreed in writing. Unless otherwise agreed
to in writing, Company has made no survey of the property.
5. Payment. Company will provide one or more invoices for the
Services provided to Client, and in consideration of Client receiving the
Services, Client shall pay the fees set forth on each invoice in full
within thirty (30) days of the invoice date. If Company initiates
litigation or other collection action against Client to recover any
amount, Client agrees, to the extent permitted by applicable law, to pay
all litigation or collection costs and expenses, including reasonable
attorney's fees and expert witness fees, incurred by Company in
connection with such litigation or collection action.
6. Limited Warranty. Company agrees to perform all Services in
accordance with applicable federal, state and local laws and industry
standards, and it shall exercise due care and act in good faith at all
times in the performance of its obligations under this Agreement.
Company will repair, at its own expense, any material defects with its
Services for a period of six months following completion of the
applicable Services.
7. Working with Living Things. As trees and other plant life are
living, changing organisms affected by factors beyond Company's
control, no guarantee on tree, plant, or general landscape safety, risk,
health, or condition is expressed or implied and is disclaimed in this
Agreement, unless that guarantee is specifically stated in writing by
Company. Arborists cannot detect or anticipate every condition or event
that could possibly lead to the structural failure of a tree or guarantee
that a tree will be healthy or safe under any circumstances. There are
many unseen and unforeseen items and hazards that may or may not
exist now, or in the future, over which Company has no control. Site
inspections do not include internal or structural considerations unless
so noted. Unless otherwise specified, this is not a Tree Risk Assessment
and will not include investigations to determine a tree's structural
integrity or stability. Company may recommend a Tree Risk
Assessment be conducted for an additional charge. All trees present
some degree of risk and will eventually fail. The only way to eliminate
tree risk is to remove trees. By choosing to preserve trees, Client
hereby accepts this risk. Client also accepts the risk of, and Company
will not be liable for, any accident, damage, or injury occurring prior to
the scheduled Services.
8. Product Usage. To the extent the Services include application of
product on the Jobsite, Company is relying on the applicable
manufacturer's representations regarding the product used and makes
no independent representations regarding the product, including,
without limitation, safety or efficacy.
9. Indemnification by Client. To the fullest extent permitted by
applicable law, Client shall indemnify, defend, and hold harmless
Company from and against all claims, damages, losses, and expenses,
including reasonable attorney's fees, arising out of, resulting from, or
relating to (a) Client's negligence or willful misconduct in connection
with this Agreement, (b) any breach by Client of this Agreement, (c)
the condition of the Job Site or any hazards on the Job Site existing
prior to the execution of this Agreement or caused by Client or a third
party, (d) Client's grant of access to the Job Site or surrounding areas,
and (e) any acts or omissions by a third-party, Client, or any of Client's
employees, agents, contractors (other than Company), or
representatives.
10. Indemnification by Company. To the fullest extent permitted
by applicable law, Company shall indemnify, defend, and hold
harmless Client from and against all claims, damages, losses, and
expenses, including reasonable attorney's fees, to the extent caused by
the negligence or willful misconduct of Company or its employees or
agents in connection with this Agreement. Company's indemnification,
defense and hold harmless obligations shall survive the expiration or
earlier termination of this Agreement for a period of one year.
11. LIMITATION OF LIABILITY. CLIENT AGREES THAT
COMPANY SHALL NOT BE LIABLE TO CLIENT FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
LOSSES, DAMAGES, OR EXPENSES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, ANY BUSINESS
INTERRUPTION LOSSES OR LOST REVENUE, ARISING
DIRECTLY OR INDIRECTLY OUT OF, RESULTING FROM,
RELATING TO, OR IN CONNECTION WITH THIS
AGREEMENT OR THE SERVICES.
12. DAMAGE AND LIABILITY RELEASE. UNLESS CAUSED
BY COMPANY'S NEGLIGENCE, CLIENT HEREBY
RELEASES COMPANY FROM ANY AND ALL CLAIMS AND
DAMAGES AS A RESULT OF OR IN ANY WAY RELATING TO
THE SERVICES PROVIDED BY COMPANY AT OR NEAR THE
JOB SITE (INCLUDING, BUT NOT LIMITED TO, ABOVE-
GROUND ITEMS SUCH AS SIDEWALKS, BUILDINGS,
STRUCTURES, DOG FENCES, DRIVEWAYS, LAWNS, OR
LANDSCAPING AND UNDERGROUND ITEMS SUCH AS
ELECTRICAL LINES, SEPTIC SYSTEMS, LEACH FIELDS,
SEWER SYSTEMS, WELLS, IRRIGATION SYSTEMS, OR
WATER LINES).
13. Term and Termination. The term of this Agreement
commences on the date of this Agreement and continues until the
Services are completed, unless and until earlier terminated as provided
under this Agreement (the "Term"). Either party may terminate this
Agreement at any time upon at least ten (10) day's written notice,
provided Client shall pay Company for any Services performed prior to
the termination date.
14. Assignment. Client may not assign any of its rights under this
Agreement without the prior written consent of Company. This
Agreement does not confer upon any third-party any right to claim
damages against Company.
15. Severability. If any term of this Agreement is held invalid,
illegal, or unenforceable, such term shall be limited to the extent
necessary to comply with applicable law and if such limitation is not
possible, severed and inoperative, and the remainder of this Agreement
shall remain operative and binding on the parties.
NOTICE OF CANCELLATION
Date of Transaction
You may CANCEL this transaction, without any Penalty or Obligation, within THREE BUSINESS DAYS from
the above date.
If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable
instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the seller of
your cancellation notice, and any security interest arising out of the transaction will be cancelled.
If you cancel, you must make available to the seller at your residence, in substantially as good condition as when
received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the
instructions of the seller regarding the return shipment of the goods at the seller's expense and risk.
If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of
your Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to
make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you
remain liable for performance of all obligations under the contract.
To cancel this transaction, mail or deliver a signed and dated copy of this Cancellation Notice or any other
written notice, or send a telegram, to The Davey Tree Expert Company, at 8622 S 222nd St Bldg C, Kent, WA
98031 NOT LATER THAN MIDNIGHT OF .
Cancellation
Date
I HEREBY CANCEL THIS TRANSACTION
Date
Buyer's Signature
Printed Name
30012502-1733167436
Proposal Number
The Davey Tree experT Company www.davey.com | info@davey.com
these are descriptions from the
american national standards
institute for tree care
operations.
This information is being provided to help you understand
what type of pruning will be performed on your property.
Please refer to the specifications on your proposal for what
has been specifically recommended for your property.
Pruning Objectives
Pruning objectives shall be established prior to the begin-
ning of any pruning operation.
sPecies and LOcatiOn
The species and location of the trees to be pruned shall be
identified. This may be provided as a written description or
as a map.
branch size
A minimum or maximum diameter of branches to be
pruned off shall be specified to establish the extent of
the pruning.
planT healTh Care Tips
A-300 Pruning Standards
cleaning dead and broken branches can help the health of a tree.
using a pole pruner to reach high spots without the use of climbing gear
The Davey Tree experT Company www.davey.com | info@davey.com
MOst cOMMOn Pruning tyPes
Cleaning: Selective pruning to remove one or more of the
following parts: Dead, diseased, and/or broken branches.
Thinning: Selective pruning to reduce the density of live
branches.
Raising: Selective pruning to provide vertical clearance.
Reduction: Selective pruning to decrease height and/or
spread.
Restoration: Selective pruning to improve the struc-
ture, form, and appearance of trees that have been
improperly pruned, vandalized, or damaged.
Visit www.davey.com/pruning to learn more.a thinning / collar cut
example of a reduction cut