TERMS & CONDITIONS
Affordable Tree Experts Marietta LLC
Work Authorization, Terms & Conditions, and Lien Rights Agreement
This Agreement is entered into by and between Affordable Tree Experts Marietta LLC ("Contractor") and the undersigned customer/property owner ("Customer") for tree work, stump grinding, debris removal, storm cleanup, grading, restoration, or related services at the property identified in the written estimate, proposal, invoice, or work order.
1. SCOPE OF WORK
Contractor shall perform only the work specifically described in the written estimate, proposal, invoice, or work order. Any additional labor, materials, hauling, grading, seeding, sod, topsoil, restoration, equipment, or services not specifically listed shall be treated as additional work and billed separately upon approval.
2. AUTHORIZATION TO PERFORM WORK
Customer authorizes Affordable Tree Experts Marietta LLC, its employees, subcontractors, agents, vehicles, and equipment to enter the property and perform the agreed work. Customer represents that they have legal authority to authorize the work and that all required HOA, municipal, landlord, neighbor, or governmental approvals have been obtained.
3. PAYMENT TERMS
Payment in full is due immediately upon completion of the contracted work unless otherwise stated in writing. Payment is not contingent upon insurance reimbursement, mortgage company approval, third-party inspections, completion of unrelated repairs, or any dispute between Customer and a third party.
4. PAST-DUE INTEREST
Any unpaid balance not paid when due shall accrue interest at the maximum lawful rate permitted under Georgia law, compounded monthly, beginning on the date payment became due and continuing until paid in full. For accounts where a lower rate is required by law, the applicable interest rate shall automatically be reduced to the highest lawful rate enforceable for that account. Nothing in this Agreement shall require Customer to pay interest greater than permitted by law.
5. COLLECTION COSTS AND ATTORNEY'S FEES
Customer agrees to pay all reasonable costs of collection, including attorney's fees, court costs, filing fees, lien preparation costs, lien cancellation costs, collection agency fees, skip-tracing fees, service of process fees, and all other lawful expenses incurred in collecting unpaid balances.
6. MECHANIC'S LIEN RIGHTS
Customer acknowledges that Affordable Tree Experts Marietta LLC may have mechanic's lien and materialman's lien rights under Georgia law for labor, services, materials, equipment, or improvements furnished to the property. Customer agrees that Contractor may file, record, amend, enforce, and release any lien or related notice as permitted by Georgia law if payment is not made when due.
7. CANCELLATION, MOBILIZATION, AND TRIP CHARGES
Customer may cancel or reschedule without penalty by giving at least seventy-two (72) business hours' notice before the scheduled work date. Cancellations made with less than seventy-two (72) business hours' notice are subject to a cancellation fee equal to thirty percent (30%) of the total contracted price. If a crew arrives and the job is canceled, refused, inaccessible, or the crew is waved off before work begins, Customer shall owe the 30% cancellation fee plus a trip charge based on labor, equipment, vehicles, and personnel mobilized.
8. FINAL PAYMENT; NON-REFUNDABLE PAYMENTS; APPLICATION OF FUNDS
By signing this Agreement, Customer acknowledges and agrees that all payments made to Affordable Tree Experts Marietta LLC are final and non-refundable once work has commenced or services have been performed. Customer expressly waives any claim to a refund except where required by applicable law or as expressly agreed in writing by the Company. Unless otherwise expressly designated and accepted in writing by the Company before payment is received, any payment tendered at a specific job site shall be deemed payment for the services performed or contracted at that job location. If the amount tendered exceeds the total amount then due for that job, the Company may, in its sole discretion, apply any remaining balance to the Customer's oldest outstanding unpaid debt, invoice, finance charge, interest, costs, fees, or other amounts owed before applying such funds to any newer obligation. Receipts issued by the Company constitute conclusive evidence of the job, invoice, or account to which a payment has been applied, and no payment shall be reallocated or credited to another project, invoice, or account absent the Company's prior written consent.
9. SITE ACCESS AND CUSTOMER RESPONSIBILITIES
Customer shall provide safe, clear, and reasonable access to the work area. Customer is responsible for removing vehicles, personal property, furniture, decorations, valuables, pets, and breakable items from the work area before Contractor arrives. Customer is solely responsible for identifying and marking all underground or concealed items, including irrigation, septic, drainage, electrical, gas, water, sewer, fiber optic lines, invisible fencing, outdoor lighting, private utilities, and other hidden improvements.
10. HEAVY EQUIPMENT AND PROPERTY CONDITIONS
Customer understands that tree work may require trucks, cranes, loaders, skid steers, trailers, stump grinders, and other heavy equipment. Tire marks, soil compaction, lawn disturbance, driveway impressions, cracked pavement, broken curbing, and landscape damage may occur and are considered inherent risks of tree work unless caused solely by Contractor's negligence.
11. HIDDEN HAZARDS AND TREE DEFECTS
Trees may contain hidden decay, cavities, insect damage, unstable roots, dead wood, structural defects, or other concealed hazards. Contractor is not responsible for damage caused by hidden defects, unsafe site conditions, acts of nature, or conditions beyond Contractor's reasonable control.
12. INSURANCE CLAIMS
Customer remains responsible for payment regardless of insurance coverage or claim status. Contractor is not a public adjuster and does not negotiate insurance claims. Contractor may provide invoices, W-9 forms, certificates of insurance, and reasonable supporting documentation upon request.
13. LIMITED LIABILITY
Contractor's liability for any claim arising from the work shall be limited to the amount paid by Customer for the specific work giving rise to the claim, except where prohibited by law. Contractor shall not be liable for consequential, incidental, indirect, special, or punitive damages.
14. INDEMNIFICATION
Customer agrees to defend, indemnify, and hold harmless Affordable Tree Experts Marietta LLC, its owners, employees, subcontractors, and agents from claims arising from unsafe site conditions, undisclosed hazards, underground utilities, property line disputes, HOA issues, neighbor disputes, lack of authority to authorize work, or Customer's failure to disclose relevant property conditions.
15. VENUE AND GOVERNING LAW
This Agreement shall be governed by the laws of the State of Georgia. The parties agree that exclusive venue for any lawsuit, collection action, contract dispute, lien-related action where legally permitted, or claim arising from this Agreement shall be in the appropriate state court located in Cobb County, Georgia, where Affordable Tree Experts Marietta LLC maintains its primary office.
16. SEVERABILITY
If any provision is found unenforceable, the remaining provisions shall remain in full force. Any unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.
17. ENTIRE AGREEMENT
This Agreement, together with the written estimate, proposal, invoice, or work order, forms the entire agreement between the parties and supersedes all prior oral discussions or representations.