Paul's Tree Removal, LLC

Terms And Conditions

TERMS AND CONDITIONS

for

PAUL’S TREE REMOVAL, LLC

Last Updated: August 20, 2023

  1. Applicability.
  • These terms and conditions for services (these “Terms”) are the only terms that govern the provision of services by Paul’s Tree Removal, LLC (“Paul’s Tree Removal”) to the person, firm, or entity hiring Paul’s Tree Removal (“Customer”).
  • These Terms prevail over any of Customer’s general terms and conditions regardless of whether or when Customer has submitted its request for proposal, order, or such terms. Provision of services to Customer does not constitute acceptance of any of Customer’s terms and conditions and does not serve to modify or amend these terms.
  1. Services.  Paul’s Tree Removal shall provide the services to Customer as mutually agreed upon between Paul’s Tree Removal and Customer (the “Services”), in accordance with these Terms.
  1.  Customer Obligations. Customer shall:
  • Cooperate with Paul’s Tree Removal in all matters relating to the Services and provide such access to Customer’s premises as may reasonably be requested by Paul’s Tree Removal, for the purposes of performing the Services.
  • Respond promptly to any request of Paul’s Tree Removal to provide direction, information, approvals, authorizations, or decisions that are reasonably necessary for Paul’s Tree Removal to perform Services in accordance with the requirements of these Terms.
  • Obtain and maintain all necessary licenses and consents and comply with all applicable laws in relation to the Services before the date on which the Services are to start.
  1. Tree and Shrubbery Ownership.  Customer explicitly represents, warrants, and covenants that all trees, shrubbery, or other such material to which the Customer has authorized the Services are the Customer’s property and that Customer has full authority to authorize such Services.
  • Customer Acts or Omissions. If Paul’s Tree Removal’s performance of its obligations is prevented or delayed by any act or omission of Customer or its agents, subcontractors, consultants, or employee, Paul’s Tree Removal shall not be deemed in breach of its obligations or otherwise liable for any costs, charges, or losses sustained or incurred by Customer, in each case, to the extent arising directly or indirectly from such prevention or delay.
  • Fees and Expenses; Payment Terms; Interest on Late Payments.
  • In consideration of the provision of Services by Paul’s Tree Removal, Customer shall pay all amounts due to Paul’s Tree Removal within seven (7) days from the first date of provision of the Services. This is a material term of the Terms and time is of the essence.
  • In the event payments are not received by Paul’s Tree Removal within five (5) days after becoming due, Customer shall pay interest on any such unpaid amounts at a rate of 1% per month or, if lower, the maximum amount permitted under applicable law, from the date such payment was due until the date paid.
  • Customer shall reimburse Paul’s Tree Removal for all costs incurred in collecting any overdue payments and related interest, including, without limitation, attorneys’ fees, legal costs, court costs, and collection agency fees. If a check tendered by Customer is returned for insufficient funds, uncollected funds or stopped payment, Customer shall pay Paul’s Tree Removal a $50 service fee.
  • Customer shall be responsible for all sales, use, and excise taxes, and any other similar taxes, dues, and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by Customer hereunder.
  • No endorsement, statement or disclaimer on any check, letter, or any method of payment shall act as an accord or satisfaction, or as a waiver of any condition specified in these Terms unless and until it is accepted by Paul’s Tree Removal in a separate, written agreement signed by a duly authorized representative of Paul’s Tree Removal.
  • Limitation of Liability.
  • IN NO EVENT SHALL PAUL’S TREE REMOVAL BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF USE, LOSS OF REVENUE, LOSS OF PROFIT, OR BUSINESS INTERRUPTION (OR LOSS OF DATA OR DIMINUTION IN VALUE), OR FOR ANY CONSEQENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH FAMAGES WERE FORESEEABLE AND WHETHER OR NOT PAUL’S TREE REMOVAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTADING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSES.
  • IN NO EVENT SHALL PAUL’S TREE REMOVAL’S AGGREGATE LIABILITY ARISING OUR OF OR RELATED TO THESE TERMS OR THE SERVIES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIENCE) OR OTHERWISE, EXCEED [NUMBER] TIMES THE AGGREGATE AMOUNTS PAID OR PAYABLE TO CUSTOMER PURSUANT TO THE SERVICES.
  • The limitation set forth in this section shall not apply to liability resulting from Paul’s Tree Removal’s willful or wanton misconduct.
  • Job Site Conditions. Paul’s Tree Removal is not responsible for damages to underground sprinklers, drain lines, invisible fences, underground cables, septic systems, or any other such underground system or equipment, unless such equipment or systems is adequately and accurately mapped by Customer prior to provision of the Services. Customer acknowledges that small ground impressions may occur during the tree trimming / removal process and it will be Customer’s responsibility to fix them.
  1. Waiver.  No waiver by Paul’s Tree Removal of any of the provisions of these Terms is effective unless explicitly set forth in writing and signed by Paul’s Tree Removal, notwithstanding any course of conduct. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
  • Indemnification.  Customer shall defend, indemnify and hold harmless Paul’s Tree Removal, its subsidiaries, affiliates, successors or assigns, and its respective directors, officers, shareholders, and employees against any and all loss, damage, liability, claim deficiency, action, judgment, interest, award, penalty, fine, cost or expense, including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers arising out of or related to:
  •  The Customer’s breach or non-fulfillment of any provision of these Terms or the Services by Customer or Customer’s personnel, including but not limited to breach of Section IV;
  • Any negligent or more culpable act or omission of Customer or its personnel (including any reckless or willful misconduct) in connection with the performance of its obligations under these Terms;
  • Any bodily injury, death of any person, or damage to real or tangible personal property caused by the negligent or more culpable acts or omissions of Customer or its personnel (including any reckless or willful misconduct); or
  • Any failure by Customer or its personnel to comply with any applicable federal, state, or local laws, regulations, or codes.
  • Driveways and Sidewalks.  Paul’s Tree Removal is not responsible for any cracks or other damage caused to sidewalks and / or driveways from its vehicles or equipment.
  • Statute of Limitations.  Customer must file any action arising directly or indirectly from or relating to these Terms or the Services no later than three hundred and sixty five (365) days after the first date of provision of the Services. Customer waives the right to file any action arising directly or indirectly from or relating to these Terms or the Services under any longer statute of limitations or statute of repose.
  • No Third-Party Beneficiaries.  These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigned and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefits, or remedy of any nature whatsoever under or by reason of these terms.
  • Governing Law. These Terms and all related documents, and all matters arising out of or relating to these Terms or the Services, whether sounding in contract, tort, or statute, are governed by, and construed in accordance with, the laws of the State of Ohio, including its statutes of limitations, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Ohio.
  • Submission to Jurisdiction. Any legal suit, action, or proceeding arising out of or relating to these Terms or the Services shall be instituted in the federal or state courts of the State of Ohio, in each case located in the City of Cincinnati and County or Hamilton, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

Severability. If any term or provision of these Terms is found to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal, or unenforceable, a court may modify these Terms to give effect to the original intent of the parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent