Terms and Conditions
All proposals issued by or on behalf of TreeServe, LLC and each of its subsidiaries, affiliates and related entities (“Supplier”) are made expressly subject to the proposal terms and conditions contained herein (these “Terms”).
The proposal (“Proposal”), together with these Terms and any written change orders, terms, prices, and specifications outlined on an estimate, or proposal that are approved and agreed shall constitute the entire Proposal agreement (the “Agreement”). The Agreement is between the Supplier and the customer listed on the front of the Agreement (“Customer”). The Agreement constitutes Supplier’s offer to Customer to supply its services (“Services”) and is a binding contract on the terms and conditions set forth herein when it is accepted by Customer or on commencement of performance hereunder.
No condition stated by Customer in accepting or acknowledging this Agreement shall be binding upon Supplier if in conflict with, inconsistent with, or in addition to the terms and conditions contained herein unless accepted by Supplier’s prior written approval. Any additional or different terms proposed by Customer are objected to and rejected unless expressly assented to in writing in advance by Supplier. In the event there are conflicting terms and conditions between this Agreement and an additional valid agreement fully executed by both parties (the “Other Agreement”), the Other Agreement will prevail through the term of the Other Agreement.
No revisions to the Agreement shall be valid unless in writing and signed by an authorized representative of the Supplier. These Terms shall apply to all Proposals issued by Supplier, regardless of the state or jurisdiction in which the Services are to be performed. To the extent that any state, local, or other governmental authority requires additional disclosures, notices, or terms as a condition of providing the Purchased Services, such requirements shall be addressed in a state-specific addendum attached hereto or incorporated by reference into the applicable Proposal. In the event of any conflict between these Terms and any state-specific addendum, the state-specific addendum shall control solely to the extent necessary to comply with applicable law. Nothing in any state-specific addendum shall otherwise limit or modify the rights and obligations set forth in these Terms.
1. Acceptance
Customer acknowledges and agrees that the Agreement and these Terms shall be deemed accepted upon the occurrence of any of the following: (i) Customer's written or electronic acknowledgment of the Proposal; (ii) Customer's commencement of, or engagement with, any Services provided by Supplier; or (iii) Customer's acceptance of any deliverables, materials, or work product furnished by Supplier.
2. Scope of Services; Performance Standards
Supplier will provide the Services described in the applicable Proposal. Any remeasurement of trees or shrubs necessary due to differences from the original estimate may be performed and priced accordingly. Any additional major work to be performed will be evaluated during a follow-up site inspection by the Supplier in order to submit an estimate, proposal, and/or services agreement for Customer approval.
3. Scheduling; Service Windows; Delays
Service crews may arrive without advance notice unless otherwise stated in the Proposal or required by applicable law. Proposals may specify approximate and alternate service dates, and performance may occur on any day during the applicable service window.
4. Cancellation
In the event of a cancellation, Supplier shall have no further obligations to Customer except to pay for deliverables and Services that were provided to Supplier prior to such termination and were accepted.
5. Access; Site Conditions; Property Impact
Customer understands that Supplier may be required to bring trucks and heavy equipment onto the property and accepts the risk of associated impact or damage.
6. Terms of Payment
All invoices are payable upon receipt. Deposits may be required. Past due balances may incur additional charges and delay future service.
7. Ownership; Permissions; Permits
Customer or property owner is responsible for permissions and permits required for work.
8. No Warranties
Supplier disclaims all warranties, express or implied, including fitness for a particular purpose. Services manage conditions but do not guarantee eradication.
9. Concealed Conditions; Utilities
Customer is responsible for identifying underground utilities and concealed conditions. Additional work may be billed if encountered.
10. Limitation of Liability
Supplier’s liability is limited to the amount paid for services. No indirect or consequential damages are covered.
11. Compliance with Laws
Each party will comply with applicable laws and regulations.
12. Independent Contractor
Supplier operates as an independent contractor and may use subcontractors.
13. Insurance
Supplier maintains appropriate insurance coverage.
14. Dispute Resolution
Disputes will be resolved through arbitration.
15. Assignment
Rights and duties may not be assigned without consent.
16. Force Majeure
Supplier is not liable for delays beyond its control.
17. Severability
If any provision is invalid, the remainder remains in effect.
18. Applicable Law; Jury Waiver
Governed by applicable law with waiver of jury trial.
19. Changes; Updates
Terms may be updated and continued use constitutes acceptance.
Ver. March 2026