Tree Health Management (THM)

These terms and Conditions are effective as of the Proposal Issue Date. THM has agreed to perform services outlined in a Proposal for services, which states further Terms and Conditions. The Client has indicated acceptance by signing the proposal, and in some cases, a verbal or electronic acceptance is sufficient.


All areas will be cleaned up after work is performed, unless otherwise indicated by the client or proposal. Any additional clean-up, equipment, or work required to complete the Proposal caused by a) the Client’s failure to make a condition known, b) an unknown circumstance, or c) any other condition not apparent when the work was estimated, shall be paid for by the client on a time and material basis. Work scheduling is weather dependent, and is also influenced by the type of work, location of the project and other unforeseen issues. THM works to meet all scheduled dates, but shall not be held liable for damages due to delays or missed work. If project completion needs to be extended, the client will be notified. THM will notify Digger’s Hotline to mark gas, water, electric, and cable lines; if needed.


PHC services will be scheduled with NO NOTICE, unless otherwise specified by the client. THM treatments are often weather dependent, and flexibility is needed to ensure trees are treated at the proper time.


Contractor will not be responsible for damage to transmission facilities which include: utility services such as natural gas, electric, septic, cable television, telephone and any other such services not visible or marked. Contractor will not be responsible for subsurface drainage hydrostatic water pressure, settling around foundation walls, etc., gas, water valves, and property stakes not visible or marked. Contractor will not be held responsible for damages due to unmarked obstacles such as irrigation heads, invisible fencing or cables. The Client must make the work site accessible. If vehicles or other obstructions (including pet waste) are in the way, the Client will be billed for extra preparation on a time and materials basis.

Client must clearly indicate property lines and corners.


The Client may cancel work to be performed in full or in part, with a 72 hour notice. If the cancellation is less than 72 hour notice, the client may be billed a service fee of up to 30% of the contract price for time spent preparing for the service. Municipal contracts require a three week notice, and are subject to a service fee of up to $1,000.00.


Trees to be planted or tree stock only are both subject to a 30% restocking fee.


A deposit of 30% will be required on all tree planting proposals. There are no implied planting warranties. It is expected that all clients follow the THM Planting Care Guide. All plants are installed free of pest and diseases, as guaranteed by our nursery.


Completed work or portions thereof invoiced are due upon receipt of invoice. A finance charge may be assessed on all accounts 30 days past due at the monthly rate of 1 ½% (18% annual rate). In the event a collection agency is called upon to collect the account, purchaser shall pay all collection costs. All guarantees are void if payment is not made in 30 days. Any shortage or complaints must be reported within 48 hours (2 business days). Returned Checks are subject to a $45.00 fee.


As required by the Wisconsin Constructing Lien Law, Contractors hereby notifies Buyer that person or companies furnishing labor or material for the construction on Buyer’s land may have lien rights on Buyer’s land and building if not paid. Those entitled to lien rights, in addition to the undersigned Contractor, are those who contract directly with the Buyer or those who give the Buyer notice within sixty (60) days after they first furnish labor or materials for the construction. Accordingly, Buyer will probably receive notice from those who furnish labor or materials for the construction and should be given a copy of each notice to his mortgage lender if any. Contractor agrees to cooperate with Buyer and his lender, if any, to see that all potential lien claimants are duly paid.


There is a possibility that a tree may experience phytotoxic shock with chemical treatments. THM will do everything possible to minimize risk, and will give appropriate instructions as to after care of your tree, but will not be held responsible for complications due to unforeseen circumstances such as: vascular issues with the tree, other disease/insect infestations, lack of care, prior treatment complications, etc. THM will make every effort to minimize disturbance to the lawn. Lawn repairs are not included in the proposal, unless indicated by THM. Trees and plant life are living organisms, and are affected by factors beyond THM’s control. There is no guarantee on a tree, plant, or general landscape safety. If THM recommends treatment, it is because THM believes the tree is a worthy candidate at that time. There are cases where suggested treatment is not sufficient, or other complications occur. THM will not be held responsible for occurrences outside of their control.


In no event shall either party be liable to the other or any third party in contract, tort or otherwise for incidental or consequential damages of any kind, including, without limitation punitive or economic damages or lost profits, regardless of whether either party shall be advised, shall have other reason to know or in fact shall know of the possibility.


If any provision of this Agreement is illegal or unenforceable, that provision is severed from this Agreement and the other provisions remain in effect.


Each party shall comply in all respects with all applicable legal requirements governing the duties, obligations, and business practices of that party and shall obtain any permits or licenses necessary for its operations. Neither party shall take any action in violation of any applicable legal requirement that could result in liability being imposed on the other party.


The Laws of Wisconsin (without regard to conflict of Laws) govern all matters arising under or relating to this Agreement. All disputes arising under or relating to this Agreement are to be decided by the courts located in Madison, Wisconsin.


In any suit or arbitration regarding the Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and cost.