1. Scope and changes
FCM will perform only the services expressly described in the estimate. Tree locations, work specifications, disposal, stump work, cleanup, and restoration are limited to what is written. Any alteration, additional tree, hidden condition, or customer-requested change requires written approval and may change the price and schedule.
2. Ownership and authorization
Customer represents that Customer owns the property and trees or is authorized by the owner to approve the work. Customer is responsible for obtaining any neighbor, association, municipal, landlord, or other third-party consent. Customer will defend and indemnify FCM from claims arising from inaccurate ownership, boundary, or authorization information.
3. Property lines and work area
Customer must accurately identify property boundaries and the trees to be serviced. FCM may rely on Customer’s directions and is not responsible for a boundary survey. Customer shall provide safe, unobstructed access and remove vehicles, furniture, toys, decorations, and fragile items from the work area.
4. Utilities and concealed conditions
Public utility marking does not ordinarily identify customer-owned lines. Customer must disclose and mark private electric, gas, water, irrigation, lighting, invisible fencing, septic, drainage, cable, and similar installations. FCM is not responsible for damage to undisclosed or inaccurately marked installations. Rock, concrete, metal, wire, embedded objects, decay, cavities, insects, or other concealed conditions may require a change order.
5. Equipment access and surface conditions
Tree care may require trucks, chippers, cranes, loaders, grinders, or other heavy equipment. FCM will use reasonable care but cannot guarantee that lawns, soil, gardens, driveways, curbs, walks, paving, or other surfaces will remain undisturbed, particularly during wet, soft, frozen, or concealed conditions. Surface repair and landscape restoration are excluded unless written in the scope.
6. Stumps, roots, and grindings
Stump grinding is included only when stated and is limited to the specified stump and an ordinary below-grade depth reasonably achievable with the equipment used. It does not include complete root removal, excavation, hauling grindings, backfilling, topsoil, seed, sod, or restoration unless expressly listed. Excess grindings may remain at the site.
7. Wood, brush, and cleanup
Wood, logs, brush, chips, and grindings will be handled only as selected in the estimate. “Cleanup” means reasonable removal of debris created by FCM’s work; it does not include pre-existing debris, fine sawdust, leaf-by-leaf cleanup, or unrelated material. Wood left for Customer may be left in manageable site conditions but is not guaranteed to be fireplace length unless specified.
8. Scheduling, weather, and safety
Dates are estimates unless expressly guaranteed in writing. FCM may postpone or stop work because of weather, ground conditions, emergencies, utility clearance, equipment issues, unsafe conditions, governmental restrictions, or events beyond reasonable control. Such delay is not a breach. FCM controls work methods and safety decisions.
9. Permits and protected trees
Unless the estimate states otherwise, Customer is responsible for identifying and obtaining required municipal, association, historic-district, environmental, or other approvals. FCM may suspend work until satisfactory authorization is provided. Permit fees and replacement-tree obligations are additional unless included in writing.
10. Price, tax, and payment
Customer shall pay the deposit shown to schedule work and the remaining balance upon completion unless the estimate states otherwise. Applicable New Jersey sales tax will be charged based on the services performed and documentation supplied. Customer shall provide valid exemption documentation before invoicing. A returned payment may be charged the actual bank fee and lawful collection costs. Card processing fees apply only when disclosed and legally permitted.
11. Cancellation
Customer should give prompt written notice of cancellation or rescheduling. Subject to applicable law, FCM may retain or charge reasonable amounts for permits, mobilization, special-order services, work performed, and losses caused by late cancellation. Any mandatory consumer cancellation rights control over inconsistent language in this proposal.
12. Inspection and completion
Customer shall inspect the work promptly and notify FCM before the crew leaves of any readily observable issue. Work is complete when the listed services and selected cleanup are substantially performed. Payment does not waive a claim that cannot reasonably be discovered at completion.
13. Risk and limitation
Tree work involves inherent risks, including unpredictable movement or failure caused by hidden defects and changing conditions. To the extent permitted by law, FCM is not liable for pre-existing conditions or damage caused by concealed defects, undisclosed utilities, inaccurate customer information, or events outside FCM’s reasonable control. Nothing here excludes liability that cannot legally be limited.
14. Collection and disputes
Customer is responsible for reasonable collection costs and attorneys’ fees to the extent permitted by law. The parties will first attempt in good faith to resolve disputes directly. New Jersey law governs, and any proceeding shall be brought in a court with proper jurisdiction in New Jersey.
15. Entire agreement
The estimate, selected options, these terms, and signed written changes constitute the entire agreement. They replace prior discussions concerning this work. If a provision is unenforceable, the remainder stays effective. Electronic signatures and copies are treated as originals.
