Together with the terms, prices, and specifications found in your estimate, proposal, renewal, or services agreement, the following terms and conditions form your comprehensive agreement ("Agreement") with ArboRx Tree Care LLC, referred to henceforth as ArboRx ("we", "us"). In the event of any conflict between the terms of this Agreement and the terms of your estimate, proposal, renewal, or service agreement, this Agreement shall prevail.
1.) PERFORMANCE BY ArboRx – ArboRx's Plant Health Care services aim to manage rather than eliminate insects, mites, and diseases. After treatments, it's possible to still observe horticulturally acceptable levels of these pests from an Integrated Pest Management point of view. It is also possible for treatments to not provide sufficient remedy or protection against pests that can cause serious plant damage or mortality. In the face of severe infestations, extra treatment applications might be necessary, which could lead to additional costs, subject to your written or verbal authorization. While our treatments are designed to manage pests and correct mineral deficiencies, in rare cases, certain trees or shrubs may respond adversely and not all adverse reactions can be anticipated. ArboRx is not responsible for unexpected plant reactions to treatments.
Post-treatment, we may conduct follow-up checks to assess the effectiveness of the treatment.
ArboRx is licensed by the Colorado Department of Agriculture. ArboRx strives for professionalism and to follow ISA Best Management Practices, the American National Standard A300 standard and the Z133 Safety Standard.
When ArboRx provides services, we may need to deploy trucks or other sizable machinery on parts of your property, including your driveway. ArboRx operates under the assumption that any and all parts of your property onto which we must bring such equipment can sustain the presence, weight, and movement of that equipment, and you hereby hold ArboRx harmless for, and agree not to bring any claims against ArboRx as a result of, any damage or degradation to any part of your property that results from the presence on it of such equipment.
2.) PESTICIDE APPLICATION SAFETY - The approximate month for each service is indicated in your estimate, proposal, renewal, or service agreement. ArboRx plans to alert you about the upcoming visit via phone or digital communication at least one day in advance, unless a different agreement is in place. It's not mandatory for you to confirm the visit in order for the service to be carried out. When you have been notified of an upcoming pesticide application it will be your duty to keep people and pets inside, windows and doors closed, and to afterwards follow the safety instructions left for you on your pesticide application notice, i.e. keep people and pets inside until application has dried.
3.) LIMITED WARRANTIES AND REMEDIES – We guarantee treatments for foliage insects for 4 weeks after each paid application. Remedy will be either a monetary refund for the last foliage insect treatment performed or reapplication of treatment, at our discretion. We guarantee improvement in chlorosis for one calendar year after the second of two paid chlorosis treatments has been completed. Remedy will be either a monetary refund for the last chlorosis treatment performed or reapplication of treatment, or another type of chlorosis treatment, as mutually agreed upon by both parties. If there is no mutual agreement, a monetary refund for the last chlorosis treatment will be offered. BEYOND WHAT'S CLEARLY OUTLINED IN THIS AGREEMENT, NO IMPLICIT OR EXPRESS WARRANTIES PERTAIN TO THE PRODUCTS USED OR THE SERVICES RENDERED.
4.) OWNERSHIP – On endorsing this Agreement and availing our services, you affirm ownership of all trees, plants, and the property where tasks are conducted or confirm that you've secured the owner's permission.
5.) PAYMENTS – All price projections in your documents remain valid for 60 days from the date of issuance, unless stated otherwise. To guarantee the prices stated, sign and return your service agreement to us within this 60-day period. Payment is expected within 14 days of invoicing. Past the 14-day mark, late fees, capped at the state-permitted maximum as per CO Code § 5-12-102 (2021), may be applied. Services may be postponed if there are unpaid balances, negating any warranties or guarantees. If third-party assistance is sought for account settlement, you'll be accountable for all costs, encompassing but not restricted to legal fees and court-related expenditures.
6.) CONCEALED CONTINGENCIES and CANCELLATION- Should ArboRx determine that any conditions make its services unsafe or the performance impractical, we shall not be obligated to perform any services under this Agreement. Either party may discontinue or cancel any services not yet completed or started by notifying the other party via electronic communication.
7.) LIMIT OF LIABILITY – In connection with or as a result of ArboRx’s services under this Agreement, ArboRx's total liability for "Losses" (any losses, damages, and expenses) incurred by you, your guests, tenants, or invitees, caused by ArboRx's wrongful acts or omissions, is restricted solely to direct and proven actual damages. This amount won't exceed the total actually paid to ArboRx under this agreement. Regardless of the form or cause of action, in contract or tort, ArboRx will not be held responsible for any special, indirect, incidental, or consequential damages. This stands even if ArboRx had been informed of such potential damages beforehand or if they could have been reasonably anticipated.
8.) ELECTRONIC COMMUNICATION - You agree that ArboRx may send you communication electronically including but not limited to invoices and invoice reminders via SMS and your notification of pesticide application and notice of upcoming pesticide applications via electronic written communication such as email or SMS. You may opt out of electronic communication by notifying us in writing.
9.) ARBITRATION AGREEMENT - Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Colorado before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.