Terms and Conditions
The following Terms and Conditions shall apply to every contract between you (the “Client”) and Maple Hill Tree Services (“Maple Hill”):
1. Insurance and WSIB
- Maple Hill maintains insurance for liability resulting from injury to persons or damage to property while performing work, in line with industry standards. Its employees are insured with the Workplace Safety and Insurance Board (WSIB). Maple Hill will provide proof of insurance upon request.
- The Client represents and warrants that they have the legal authority to authorize the scope of work to be undertaken by Maple Hill. The authority includes, without limitation, that the Client is either the owner of the trees, vegetation, and/or the real property, or that the Client has obtained the consent of the owner of the trees, vegetation, and/or the real property set out within the scope of work. The Client hereby indemnifies and holds Maple Hill harmless for any damages suffered as a result of any inaccuracy of this representation and warranty.
3. Tree Risk
- The Client acknowledges that trees can fail unpredictably, even if no defects are apparent. Maple Hill will not be responsible for damage caused by failure of a tree, or part of a tree, within or around the scope of work due to defects or other pre-existing structural or health conditions.
- The Client also acknowledges that tree conditions can change over time and that the best protection to mitigate risks are regular inspections by a Certified Arborist, especially after a major weather event.
- The Client is responsible for scheduling regular inspections by a Certified Arborist.
4. Concealed Features
- The Client acknowledges that Maple Hill is not responsible for damage to features that are not apparent at the time of inspection (“Concealed Features”). Concealed Features include but are not limited to irrigation systems, underground lighting systems, pet fences, septic systems, gas lines, electrical lines and any other feature that is buried.
- The Client assumes full responsibility for notifying Maple Hill of the existence of any and all Concealed Features.
5. Utility Locating
- Maple Hill is responsible for utility locating on public property.
- The Client is responsible for utility locating on private lands.
6. Weather Event Damage
- The Client acknowledges that remediation of storm damaged trees or limbs may result in further damage to structures, property, fences, or other features that may already be damaged during the weather event. The Client hereby indemnifies and holds Maple Hill harmless for any damages suffered as a result of any damage caused while removing or remediating parts of trees, or entire trees damaged due to weather events.
7. Stump Grinding
- Mechanical grinding of tree stumps will be completed to a predetermined depth. The stump area will be backfilled with stump chips and a mound of remaining chips will be left on site unless otherwise stated in the contract. Maple Hill reserves the right to amend the mechanical grinding depth based on utility locations and clearances.
8. Cables, Braces and Tree Support Systems
- Supplemental support systems, such as cables, bracing and tree support systems are intended to reduce the risks associated with tree or tree limb failure by providing supplemental support to specific areas within a tree and in some case by limiting movement of part or all of a tree.
- The Client acknowledges that supplemental support systems will not eliminate the risk of tree or tree limb breakage or failure entirely; future damage is still possible.
- The Client acknowledges that regular inspections and maintenance must be completed by a Certified Arborist in order ensure the proper functioning of the supplemental support systems. The Client is responsible for scheduling regular inspections by a Certified Arborist.
9. Visual (Ground) Inspection Limitations
- Tree inspections that are performed from the ground can only identify hazards and defects that are clearly visible from ground level. Maple Hill is not responsible for identifying or assessing internal or structural considerations, unless otherwise noted in writing.
10. Plant Health Care, Soil Amendments, and Integrated Pest Management
- Maple Hill reserves the right to reschedule any application or treatment without notice due to weather conditions, environmental conditions, changes to infestation levels or any other unforeseen delays.
- Treatments and applications are limited to the specific trees set out in the proposal or the management plan. Maple Hill is not responsible for unintended targets below or near treated areas, nor is Maple Hill responsible for damage to other landscaping.
11. Tree Planting and Aftercare
- The Client acknowledges that it is the Client’s responsibility to care for newly planted trees as outlined in the Aftercare & Warranty package included with the proposal. Maple Hill reserves the right to void the warranty if the Client has failed to provide adequate care as required.
- The Client acknowledges that they are responsible for: (i) acquiring any and all permits required to complete the scope of work; (ii) obtaining permission to enter from all necessary parties; and (iii) payment of any and all associated fees costs, expenses and tax with respect to obtaining permits and/or permission.
- The Client hereby indemnifies and holds Maple Hill harmless for any legal liability, delays, fines, or other damages associated with or resulting from any deficiencies in the permits.
- The Client acknowledges that Maple Hill may be acting as agent on behalf of the Client if the scope of work expressly identifies that Maple Hill will be obtaining permits on behalf of the Client. In such cases, the Client must pay for all fees, costs, expenses and tax as directed by Maple Hill, before the commencement of any work.
13. Billing and Payment Terms
- Full Payment Due as of Invoice: The full outstanding balance is due and owing upon receipt of the invoice, unless otherwise agreed upon in writing. The invoice amount is subject to interest at 2% per month, compounded monthly (26.824% annual interest rate), commencing thirty (30) days after the date of the invoice.
- Stopped Payments/NSF: The Client acknowledges that all bank charges incurred by Maple Hill as a result of any stopped payment or payment returned due to insufficient funds will be charged back to the Client, plus an administration fee of $20.00. All such charges will be immediately due and owing.
- Joint and Several Liability for Payment: Each Client acknowledges that all Clients are individually liable and collectively liable for under the contract, including without limitation for the full balance owing.
- Taxes: All prices are subject to applicable taxes
- Duration of Pricing: All quotes are valid for a period of 60 days, unless otherwise noted in writing.
- Deposits: Deposits are non-refundable, except in the event that Maple Hill is unable to commence the work
- Consulting Services: A 50% deposit is required before the commencement of any consulting services. For consulting services that are charged at an hourly rate, Maple Hill will provide an estimate and the deposit will be based on the estimated cost. The balance will be due and owing upon completion of the Consulting Services.
- Emergency Work: The Client is required to submit a deposit of 50% of the estimated cost for all emergency and storm damage work.
- Additional Work: Any work requested by the Client and approved on site by Maple Hill that is in addition to the work set out in an approved proposal will be charged at an hourly rate based on crew size.
- Cancellation and Denial of Access: Maple Hill reserves the right to charge a surcharge of the greater of $250.00 + HST or 15% of the contract total, if the Client neglects to provide clear access to the work site prior to the work crew’s arrival. Maple Hill also reserves the right to either cancel the contract or reschedule the work in its sole and unfettered discretion. For greater certainty, the Client must ensure that gates are unlocked, vehicles are not blocking the work site and that the Client has secured the permission of any adjoining property owners, if such permission may be required and that all permits are valid for the entire scope of work.
14. Scheduling and External Circumstances Preventing Performance
- The Client acknowledges that job scheduling is dependant on weather conditions and work loads, among other factors and Maple Hill reserves the right to reschedule jobs .
- The Client acknowledges that there may be delays that are outside of Maple Hill‘s control including without limitation delays caused by changes to the scope of work set out in the proposal, illness, injury, strikes, acts of God, adverse weather conditions, the inability of Maple Hill to secure materials or equipment, or any other cause beyond Maple Hill’s control.
- If Maple Hill is not able to perform its obligations under its contract with the Client because of circumstances or events beyond its control, it shall be excused from the performance of such obligations for the duration of such circumstances or events and Maple Hill shall not be liable for such failure to perform.
15. Dispute Resolution
- The Client and Maple Hill agree to settle all disputes in a respectful and professional manner.
- Maple Hill reserves the right to cease work immediately if the Client, or anyone for whom the Client is responsible, subjects Maple Hill management, employees, or contractors to harassment, racism, threats, violence, or other uncomfortable working environments. In such a case, the Client shall remain liable to Maple Hill for all damages suffered by Maple Hill, or its management, employees or contractors, and the Client shall immediately pay Maple Hill all amounts owing.
- If the Client and Maple Hill are unable to resolve any dispute as between themselves, the parties agree to resolve the dispute or disputes by arbitration pursuant to the Arbitration Act, 1991 (Ontario) by a single arbitrator. The parties agree that the decision of the arbitrator shall be final and binding as between the parties and shall not be subject to appeal.