Got Stump Inc. in administering the services of the Tree Assurance Program (“TAP”) shall perform the work described on the provided quotation in a professional manner by qualified personnel using appropriate tools, equipment and techniques to complete the job properly and safely. All Work will be supervised or performed by a professional arborist.
Work crews will arrive at the job site within a four (4) hour time frame on the date scheduled. TAP staff shall use reasonable efforts to meet all performance dates but shall not be liable for delays due to inclement weather or other causes beyond their control. An estimate of the number of days to complete the Work and an expected start date are provided as a courtesy only. Any delay in beginning or completing the Work shall not alter or invalidate any part of this contract, nor will they entitle Customer to additional rights or remedies.
Customer represents and warrants that all trees, plant materials and property upon which Work is to be performed are either owned by Customer or, if not owned by Customer, that the owner of such tress, plant materials and the property has authorized Customer to have the Work performed. Customer hereby grants GOT STUMP INC. a license to access and use such trees, plant materials and property in order to perform the Work. Customer shall be responsible for securing any permits or authorizations required to perform the Work and shall provide copies of same to TAP. The customer agrees that the final decision for tree removal is at the sole discretion of the city. In the event that a permit request is denied, the customer forfeits the 10% deposit as well as any additional fees associated with the Work.
The contract price shall be as set out on the preceding page and is exclusive of any applicable GST. Any prices specified are valid for up to three (3) months from the date of the estimate. If GOT STUMP INC. is required to perform Work in circumstances other than those expressly or reasonably assumed and normally pertaining to work of a similar nature, including any site conditions that were not known to GOT STUMP INC. at the time the quotation was provided, or if there is a change in the scope, timing or complexity of the Work, GOT STUMP INC. shall promptly notify Owner and the parties shall agree on an equitable adjustment to the contract price.
Customer agrees to pay GOT STUMP INC. the quoted monthly fee upon acceptance of the quote as an authorization to proceed with the Work plus the full cost of arborist report and any permit associated fees if applicable. When GOT STUMP INC. is nearing the end of the contract, GOT STUMP INC. will notify the customer. Payments are made automatically every month, charged to the customer’s credit card. If Customer has provided a credit card number to GOT STUMP INC., Customer authorizes GOT STUMP INC. to charge unpaid amounts to such credit card when due. Payment of any amount shall not be construed as acceptance by Customer of defective Work, and Customer agrees not to withhold any amount invoiced in accordance with this contract for any reason whatsoever. Failure by Customer to pay any amount within 30 days after the invoice date shall constitute a breach of this contract, and in addition to paying GOT STUMP INC. all amounts due hereunder, Customer shall indemnify GOT STUMP INC. for all costs incurred in collecting such unpaid amounts. The acceptable methods of payment are check, cash, e-transfer, debit card, VISA, and MasterCard.
This contract may be canceled by Customer by mailing written notice to GOT STUMP INC. no later than 14 days before Work is scheduled to commence. In the event of any such termination, Customer shall forfeit any payments. Customer may only terminate the Work less than 14 days before the Work is scheduled to commence by paying GOT STUMP INC. for any Work already performed and for any expenses incurred in preparing to perform the Work.
GOT STUMP INC. will always use reasonable care in the performance of the Work but shall not be liable for the damages to lawns, plants, ground covers and dilapidated structures, when performing tree services on large and dangerous trees. GOT STUMP INC. will not be liable for damages to underground fixtures when doing stump grinding and similar services. It is client’s responsibility to obtain locates for stump grinding. If for any reason Customer is not 100% satisfied with the Work, they have 10 business days after completion to raise their concerns. No complains will be accepted after that.
GOT STUMP INC. has workers compensation insurance (WCB) in accordance with statutory requirements and a $2,000,000 general liability insurance policy. GOT STUMP INC. agree to provide evidence of insurance on the customer’s request. In no event shall GOT STUMP INC. be liable to Customer, irrespective of whether alleged to be by way of a result of breach of contract, tort, (including negligence and strict liability), or any other legal theory, and whether arising before or after the Work, for, and Customer hereby waives any right to, damages that constitute incidental, indirect, exemplary or consequential damages of any nature whatsoever. Customer shall indemnify, defend and hold Got Stump Inc. harmless from and against any losses (including legal fees on a full indemnity basis), attributable to or arising out of any breach by Customer of its obligations in this contract. This paragraph shall survive the expiry or any termination of this contract.
This contract shall be governed by the laws of Alberta. This contract contains the entire understanding of Got Stump Inc. and Customer with respect to the Work and reflects the prior agreements and commitments with respect thereto. There are no other oral understandings, terms or conditions and neither Party has relied upon any representation, express or implied, not contained in this contract. This contract may only be amended by a written amending agreement signed by both Got Stump Inc. and the Customer. No waiver by either party of any breach or provision of this contract will be binding unless made in writing and any such waiver will extend only to the specific breach or provision waived and not to any future breach. Indemnities against, releases from and limitations and exclusions on liability expressed in this contract will apply even in the case of the fault, negligence or strict liability of the party indemnified or released or whose liability is limited, and will extend to the benefit the officers, directors, employees, agents, representatives, subcontractors and affiliates of such parties.