K&H TREE SERVICE AGREEMENT

     The following terms and conditions form the agreement between K&H Tree Service of 41150 22nd Street, Kalamazoo, MI, 49009 (“K&H”), and the customer entering their name and contact information under the “Accept Terms and Conditions” below (“Customer”) (“Agreement”).

     This Agreement is entered to engage K&H for the services described in an Estimate as further defined herein and any Modification per this Agreement. By entering the information requested under the “Accept Terms and Conditions” and by clicking the “Sign Terms & Conditions” below, Customer acknowledges and agrees that Customer has read and understands all of the terms and conditions herein and that Customer agrees to be bound by all of the terms and conditions herein. K&H and Customer further agree as follows:

TERMS AND CONDITIONS

     1. Estimates; Proposals. K&H will provide an estimate or quote of the costs that may be required to provide the services requested by Customer (“Estimate”). Such Estimate is incorporated by reference to this Agreement and is subject to change based on any unforeseen or unanticipated circumstances or work required to perform the services, or any Modifications as further described in this Agreement. K&H agrees to provide one (1) free Estimate to Customer. K&H reserves the right to charge Customer $25.00 for any additional Estimate required or requested by Customer. K&H recommends that Customer prepare a detailed list of items or services Customer would like quoted before K&H personnel arrive to Customer’s location to provide the estimate. K&H further recommends Customer be present for such estimate if Customer requires specific instructions as to the services requested.

     Upon Customer signing the Estimate(s), Customer acknowledges Customer has read the Estimate(s) and agrees to pay for the services described on the Estimate(s) absent any Modifications per this Agreement. Customer’s approval of the Estimate(s) further acknowledges that the Services to be provided to Customer include only those services indicated on the Estimate(s) unless Modifications are agreed upon pursuant to this Agreement. Any services requested by Customer that are not in the Estimate(s) require additional payment from Customer and a written agreement between Customer and K&H as further described in this Agreement.

     2. Scope of Services. The services to be provided to Customer are described in the Estimate(s) and any Modifications per this Agreement (“Services”). The Estimate(s) and any Modifications per this Agreement are incorporated by reference to this Agreement.

          A. Tree Removal. If Customer requests total tree removal, such removal will be within six (6) inches of ground level                     unless Customer specifies otherwise in writing to K&H within seventy-two (72) hours of entering this Agreement. Debris             that arises as a result of the tree removal will be removed by K&H to the extent reasonably possible. If K&H discovers the           existence of concrete, metal, or another substance in or around a tree that must be removed before removing the tree,               K&H reserves the right to charge Customer an additional fee for any additional time or equipment required to remove the           tree upon providing notice to Customer regarding the same. Customer acknowledges and agrees that lawn damage may           occur with tree removals.

          B. Stump Removal. If Customer requests a stump removal, such removal will include mechanical grinding out of the                   visible tree stump to six (6) inches below ground level. The remaining hole is backfilled with stump mulch unless                         Customer specifies otherwise in writing to K&H within seventy-two (72) hours of entering this Agreement. K&H reserves             the right to charge Customer an additional fee for removal of wood chips and replacement with soil.

     3. Customer Responsibilities. Customer agrees to comply with the following:

          A. Within seventy-two (72) hours of entering this Agreement or before K&H arrives to Customer’s location to perform the           Services if the Services are scheduled, Customer will inspect the area where K&H is to perform the Services (“Job Site               Area”) to determine whether any objects, known or unknown, are present either above ground or underground, near the             Job Site Area. Such objects may include, but are not limited to: i) all personal property such as lawn furniture,                               ornamentation, trinkets, transferrable plants, vehicles, garbage cans, and any other moveable object; ii) electric lines; iii)             exterior lighting; iv) surface or underground sprinkler systems; and v) any other above ground or underground objects               near the Job Site Area.

      

          B. Within seventy-two (72) hours of entering this Agreement or before K&H arrives to Customer’s location to perform the           Services if the Services are scheduled, Customer will remove all personal property, including, but not limited to, furniture,           ornamentation, trinkets, transferrable plants, vehicles, garbage cans, and any other moveable objects away from the Job           Site Area whether or not Customer believes such items may hinder or delay K&H’s ability to perform the Services                       requested. If such items are not removed, Customer waives any right to file or pursue any potential claim, complaint,                   demand, or cause of action against K&H for losses, expenses, claims, damages, or liabilities associated with such                         personal property.

          C. Within seventy-two (72) hours of entering this Agreement or before K&H arrives to Customer’s location to perform the           Services if the Services are scheduled, Customer will notify K&H of any items or objects discovered during Customer’s               inspection of the Job Site Area as required in this Agreement.

 

          D. Customer agrees to temporarily remove any underground property or objects at K&H’s request if K&H believes it is                 necessary to perform the Services requested.

  

          E. If Customer requires any property to be covered such as wooden decks, patios, or paved areas, to prevent possible                   denting or damage during performance of the Services, Customer will make such a request to K&H in writing within                   seventy-two (72) hours of entering this Agreement or before K&H arrives to Customer’s location to perform the Services           if the Services are scheduled.

     4. K&H Responsibilities. K&H agrees to comply with the following:

           A. K&H will use the utmost care to protect Customer’s property including

           permanently installed property such as fountains, pools, and pergolas.

 

           B. K&H will carry personal injury and property damage insurance. Customer may request proof of the same as further                described below.

     5. Payment; Fees. Customer shall pay K&H for the Services provided upon K&H submitting an invoice for payment (“Invoice”) to Customer. An Invoice will be submitted to Customer via electronic mail or U.S. Mail upon completion of the Services requested. Customer may make advanced payment before Services are completed. K&H accepts payment by cash, credit card, and check. Customer will be charged a 3% fee for each credit card transaction and a $35.00 fee for any returned check due to insufficient funds.

     Any Invoices not paid in full within thirty (30) days of K&H submitting the same are subject to collections as further stated in this Agreement, with Customer to pay for any such collection efforts, including attorney’s fees associated with the same. K&H reserves the right to delay, cancel, or refuse Services to Customer if any previous Invoice submitted to Customer is outstanding.

     6. Timeframe for completion. All Services will be completed as soon as reasonably possible, allowing for delays caused by weather conditions, strikes, fire, material shortages, energy shortages, acts of God, Customer’s breach of any of the conditions in this Agreement, or any other cause(s) beyond K&H’s control. K&H agrees to pursue completion of the Services with due diligence; however, the date on which the Services begin or are completed may be reasonably advanced or

delayed due to scheduling by K&H or any unanticipated additional work required due to the presence of underground material or any other objects preventing or delaying K&H from performing the Services.

     7. Unforeseen or unanticipated work. Customer may be charged for additional work or equipment required to complete the Services requested if such additional work or equipment is required as a result of Customer’s failure to comply with the terms of this Agreement, or any unforeseen or unanticipated circumstances that prevent, alter, delay, or add to K&H’s performance of the Services requested. Unforeseen circumstances may include above ground or underground objects present at or near the Job Site Area that prevent or alter K&H’s performance of the Services, and which were not readily apparent upon reasonable inspection of the Job Site Area.

     8. Modifications. Any additions or deletions regarding the Services requested by Customer or the Estimate(s) provided (“Modifications”) must be agreed upon by K&H and Customer in writing. Customer’s final Invoice is subject to change to reflect any such Modifications. However, K&H may provide written notice to Customer, electronically or otherwise, as to Modifications required to perform the initial Services requested. Customer hereby accepts such Modifications, and the cost adjustments associated with the same, unless Customer provides written notice to K&H objecting to such Modification within five (5) days of K&H’s notice as to the same. Customer is responsible for providing such written objection before any Modification work is performed. Any Modifications required by any public agency or inspector may be completed by K&H and shall be paid for by Customer. Any delay in the time for completion caused by a Modification will not be considered a breach of this Agreement by K&H.

     9. Customer’s Unavailability; Representatives. Customer hereby agrees that if Customer cannot be present or is otherwise unavailable during the time K&H is to perform the Services requested, Customer authorizes K&H to perform the Services without Customer present unless Customer informs K&H in writing as to Customer’s objection to the same. Customer’s written objection must be received by K&H within seventy-two (72) hours of Customer entering this Agreement.

     10. Damage to Property. Customer acknowledges that the Services provided may cause damage to Customer’s property, including damage to paved or concrete surfaces or land, due to the inherent nature of the Services being provided. Customer further acknowledges that it is common for the Services provided to dent or imprint land or property due to falling debris and the overall nature of the services. Customer acknowledges and agrees that K&H will not be liable for damage caused to Customer’s property or land as a result of the Services provided except for damage resulting from K&H’s gross negligence or reckless disregard in performing the Services.

     11. No Guarantee. K&H makes no guarantee as to the safety, health, or condition of the trees, plants, general landscape, or other natural living organisms planted on or removed from Customer’s property.

 

     12. Ownership. Customer represents and warrants that Customer owns the trees and property Customer requests services for and that such trees are located on Customer’s property. If Customer does not own the trees or property with respect to the services requested by Customer, Customer hereby represents and warrants that Customer has received written permission from the rightful owner of such trees or property allowing K&H to perform the services requested, and Customer is required to provide K&H a copy of such written permission before any work is performed. Customer expressly acknowledges that K&H is not performing any independent investigation as to the ownership of the trees or property Customer requests services for.

 

     13. Cancellations. If Customer must cancel services requested, Customer may be required to pay a fee of up to 20% of the Estimate provided to Customer.

    

     14. Limited Liability. K&H’s liability, as a result of any losses, expenses, claims, damages, delays, or liabilities asserted or incurred as a result of default or wrongdoing of K&H, its employees, agents, or affiliates, is limited to the extent of K&H’s insurance coverage that it may have insuring against such loss, expense, claim, damage, delay, or liability. Customer acknowledges that Customer has the right to request a copy of K&H’s insurance coverage declaration pages before Services are rendered by K&H.

     15. Indemnification. Customer will indemnify, defend, and hold K&H, its employees, agents, and affiliates harmless against any losses, expenses, claims, damages, or liabilities to any such person in connection with any matter referred to in this Agreement, including without limitation, matters arising from Customer’s breach of this Agreement or the performance of the services that are subject to this Agreement except to the extent that such loss, expense, claim, damage, or liability is finally judicially determined to have resulted from the gross negligence, willful misfeasance, or reckless disregard by K&H of its obligations or duties with respect to the Agreement.

 

     16.Third party liability. Customer will indemnify, defend, and hold K&H, its employees, agents, and affiliates harmless from any losses, expenses, claims, damages, or liabilities claimed by third parties for property damage and/or bodily injury, including death, to the proportion extent such loss, cost, expense, or damage arises from the Services performed at Customer’s property, or the property Customer represented and warranted to K&H as Customer’s property.

 

     17. Default; abandonment. Customer will be in default of this Agreement if i) Customer fails to make a timely payment to Contractor as provided for in this Agreement; or ii) Customer fails to comply with any other obligations under this Agreement within the timeframe it is to occur as provided for in this Agreement; (“Default”). If Customer does not cure the Default within ten (10) days, K&H may pursue any remedy available at law, and K&H may deem the Services requested by Customer abandoned. Default or abandonment by Customer shall not affect Customer’s obligation to pay any amount owed to K&H. K&H may apply, and shall be entitled to collect, late fees of one and a half percent (1.5%) per month to any outstanding balance, along with any other cost, collection fee, attorney’s fees, loss, or expense associated with the failure to pay or Customer’s failure to fulfill a material obligation under this Agreement.

 

     18. No waiver of Agreement. K&H’s failure to exercise a right or remedy under this Agreement, or its acceptance of a partial or delinquent payment, will not operate as a waiver of any of K&H’s rights or remedies under this Agreement and will not constitute a waiver of K&H’s right to declare an immediate or a subsequent default.

     19. Cleanup. K&H will make reasonable efforts to leave Customer’s property in a clean condition as is reasonably possible upon completion of the Services unless otherwise stated in this Agreement.

 

     20.Integration. This Agreement contains the entire agreement of the parties concerning the Services performed. The Estimate(s) and any and all Modifications pursuant to this Agreement are hereby incorporated by reference with the same force and effect as though fully set forth in this Agreement.

     21. Termination. If Customer is in breach or Default of this Agreement, and has not cured the breach or Default within ten (10) days, K&H may terminate this Agreement by providing notice to Customer, and K&H will have all rights and remedies as set forth in this Agreement and by law. Termination of this Agreement does not remove Customer’s obligation to pay any amount owed to K&H. If either party wishes to terminate the Agreement before completion of the Services requested, such that the termination will constitute a breach of the Agreement, the non-breaching party is entitled to damages associated with the same as permitted by law.

     22. Assignment. This Agreement may be assigned, in whole or in part, by K&H; however, Customer may not assign this Agreement without K&H’s prior written consent.

     23. Binding effect. This Agreement shall bind and inure to the benefit the parties, and their successors, heirs, and representatives.

 

     24. Jurisdiction and venue. This Agreement shall be governed and controlled by the laws of the State of Michigan. Any disputes arising out of or relating to this Agreement, including the interpretation and performance of this Agreement, shall

be conducted exclusively in the State of Michigan. The parties consent to such jurisdiction and venue.

 

     25. Severability. If any term, covenant, or condition of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in effect; each term, covenant, and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

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  CERTIFICATE OF INSURANCE