Terms & Conditions
The following Terms and Conditions are part of the confirmation of the work to be performed by Valero Brothers Tree Care, and with the information on the proposal constitutes the whole agreement:
Inherent Hazards and Risks
Trees inherently pose a certain degree of hazard and risk from breakage, failure or other cause and conditions. Recommendations that are made by Valero Brothers Tree Care are intended to minimize or reduce hazardous conditions that may be associated with trees. However, there is and there can be no guarantee or certainty that efforts to correct unsafe conditions will prevent breakage or failure of a tree. Our recommendations should reduce the risk of tree failure but they cannot eliminate such risk, especially in the event of a storm or any other act of God.
Some hazardous conditions in landscapes are apparent while others require detailed inspection and evaluation. While a detailed inspection and evaluation should and normally does result in the detection of potentially hazardous conditions, there can be no guarantee or certainty that all hazardous conditions will be detected.
Performance by Valero Brothers Tree Care
Work crews will arrive at the job site unannounced unless otherwise noted herein. Valero Brothers Tree Care shall attempt to meet all performance dates, but shall not be liable for damages due to delays for inclement weather or other causes beyond its control. The customer shall not be relieved of his/her responsibility because of delays.
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, Valero Brothers Tree Care will remove wood, brush and debris incidental to the work.
Valero Brothers Tree Care is insured for liability resulting from injury to persons or property.
The customer warrants that all trees, plant material and property upon which work is to be performed are either owned by him/her or that permission for the work has been obtained from the owner. Valero Brothers Tree Care to be held harmless from all claims for damages resulting from the customer’s failure to obtain permission.
Terms of Payment
All accounts are net payable upon receipt of invoice. A service charge of 1 1/2% per month which is an annual percentage rate of 18%, will be added to accounts 30 days after 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.
Customer shall obtain and pay for all required permits.
Property lines- Restrictions
Customer shall indicate to Valero Brothers Tree Care the corners of the property and shall assume all responsibility for accuracy of markers. Customer shall give a copy to Valero Brothers Tree Care of any restrictions, easements or rights of way prior to commencement.
Concealed Utility Lines / Underground Facilities
Customer represents that he/she has no knowledge of any concealed utility lines other than those, if any, set forth on face page of this Agreement as a special remark. The Customer shall be liable for damage to underground facilities or obstructions unless the Customer gives to Valero Brothers Tree Care in writing the exact location of said facilities and obstructions in advance of any work being done. Additionally, some pesticide/ fertilization applications may be made directly into the ground with a steel probe or drill. As such, Valero Brothers Tree Care cannot be held liable for damage to any underground facilities such as
electric wire cables, sprinkler systems, and associated piping, septic and storm drainage tiles, or other hidden facilities unless we receive notification in advance of the work where these facilities are located.
Access to Work
Customer shall provide free access to work areas for Valero Brothers Tree Care employees and vehicles and agrees to keep driveways clear and available for movement and parking of required trucks and equipment during normal work hours. Valero Brothers Tree Care employees shall not be expected to keep gates closed for animals or children.
Customer agrees to pay Valero Brothers Tree Care on a time and materials basis for any additional work required to complete the job occasioned by concrete, or other foreign matter, or stinging insects nest in trees or trees or branches, rock, pipe or electrical lines encountered in excavations and not described on the face of this Agreement, or any other condition not apparent in estimating the work specified.
Stumps will be cut to within approximately (12) inches of ground level unless specified to the contrary on the face page of this Agreement. Stump removal/ grinding is not included in this Agreement unless specifically provided for on the face page hereof.
Disposal of Tree Material
Unless otherwise indicated hereon, the wood, brush, chips and debris incidental to the work will be removed from the premises of the Customer by Valero Brothers Tree Care. Dump fees are additional.
Terms of the Estimate
Our prepared estimate for work to be accomplished is valid for a period of twenty one (21) days. Pickwick reserves the right to re-estimate all work scheduled to begin after that time lapse.
Any applicable taxes are additional and are the responsibility of the Customer.