Basin Family Tree Care, LLC
CCB#216952
(541) 851-9080
Terms & Conditions
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 employer/principal to this Contract.
3. Change Orders. Upon request of the Customer, or as determined by Basin Family Tree Care,
LLC as necessary to the safe and timely completion of the work, additional work may be added
to 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: Basin Family Tree Care, 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. Please allow 2 business days to process this request.
5. Minimum Visit Charge: Basin Family Tree Care, LLC charges a minimum of $375 to do tree
work. While lower amounts may appear itemized in the proposal, they cannot be selected
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 Basin Family Tree Care, LLC for any damages or costs incurred as a result
thereof pursuant to the indemnity provision herein.
7. Work Zone: The Work Zone shall include all areas used and to be used by Basin Family Tree
Care in the performance of the work, including all areas needed for mobilization, access, hauling,
boom swing, ingress and egress. 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.
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, Basin Family Tree Care shall
remove all brush and debris from work zone, and rake to clean work site. Excess sawdust that
cannot be raked will not be removed. Unless other agreements have been made.
10. Locates: Locates will be called for your stump grind, if there are lines buried such as
electrical done by the homeowner, water features, invisible pet fences or other lines not related to
the companies contacted by Oregon`s Call Before You Dig, please inform us. We are not
responsible for buried lines we cannot see.
11. Customer's Work Zone Responsibilities:
a. Work Zone Entry: 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 employees, family members, children and pets. Basin Family Tree
Care is not responsible for pets getting out of any enclosure.
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. If you cannot
move some of these items in advance, require our help or simply do not complete this process
then you automatically waive the right to hold us accountable for damage to them.
12. Delays/Costs Due to Customer Failure, Unforeseen Conditions, or Conditions Outside Basin
Family Tree Care`s Control: Any additional work, work time, or equipment needs required to
complete the Contract, caused by any reason, including the Customer's failure complete its
responsibilities herein, or caused by unforeseen conditions or conditions outside or beyond Basin
Family Tree Care's control, will be the responsibility of Customer and shall be paid for by the
Customer on a time and material basis at Basin Family Tree Care's customary rates or as
required by any subcontractor of Basin Family Tree Care. These conditions may include, but are
not limited to: insects, 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 (chicken
coops, goat farms or landscape changes) after the date of the Proposal or Change Orders.
Unforeseen Conditions: Foreign material found in trees and stumps (eg. metal, concrete, rocks,
fencing, nails, screws, ect.) may result in job not being able to be completed. Payment is still due
for work completed, price may be adjusted accordingly. Customer will be notified and work
order will be adjusted as needed.
13. Lawn & Surfaces Damage/Repair: Basin Family Tree Care will attempt to minimize all
disturbances to the customer's lawn and surfaces. However, Basin Family Tree Care must utilize
vehicles & equipment to perform tree care services. Basin Family Tree Care shall not be liable
for damages to landscaping, sod, plant material in the execution of its work or causes beyond
their control (Examples: Ruts in yard due to wet conditions, limbs falling on flowerbeds,
cracking of paved surfaces and/or sidewalk due to weight of trucks/equipment etc.)
14. Working with Nature
Trees and plants are natural, living organisms affected by factors beyond human control. No
guarantee on trees, plants or general landscape safety, health or condition is expressed or
implied.
Treatments, Fertilization and Plant Health Care: Basin Family Tree Care provides no warranties
or guarantees as to the effectiveness or success of any tree or plant treatments. If we recommend
treatment, it is because we think that the tree is a worthy candidate for treatment at that time.
In the event extreme weather (eg. rain, snow, hail, lightning) and/or high wind advisory your job
may need to be rescheduled for safety concerns. We will do our best to contact you as soon as
possible to reschedule your job to the earliest available date on the schedule. Weather can be
very unpredictable and jobs may need to be rescheduled day of.
15. Payment: 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
immediately after job is completed unless otherwise agreed upon before job start date. If
additional work is needed (by Change Order or as provided herein), Customer shall pay for such
work immediately after job completion. Failure to remit full payment when due shall result in a
$150 late fee, plus interest at the rate of 1.8% per month. Basin Family Tree Care 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. Customer Cancellation: Basin Family Tree Care requests that the authorizing party provide at
least 48 hours advance notice for cancellation. If a crew has been dispatched to the job site, the
customer will be assessed a mobilization fee of $300.00 for incurred expenses. Cancellation fees
may apply to any notice less than 48 hour notice.
17. Insurance/Indemnity: Basin Family Tree Care possesses insurance that provides coverage in
the event of injury to persons or property arising directly from the negligence of Basin Family
Tree Care and/or its employees. Further, all of the employees of Basin Family Tree Care are
covered by Worker's Compensation Insurance. Once the work subject to this contract has been
completed by Basin Family Tree Care, customer/owner agrees to indemnify and hold harmless
Basin Family Tree Care, 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 Basin Family Tree Care be liable to customer/owner for any damages of any sort that
occur more than six (6) months 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 Basin Family Tree Care. The parties herein further agree that in no instance can the
customer/owner seek damages in excess of Basin Family Tree Care`s applicable policy liability.