It is agreed by and between DEFENSIBLE SPACE SYSTEMS INCORPORATED (DSSI) and the authorizing party (customer and/or customer’s agent) that the following provisions are made as part of our contracts:

Estimate Approval: The authorizing party automatically enters into a contract with DSSI when they confirm their estimate , pay a deposit, and/or verbally agree to the description and cost via our scheduling application. The authorizing party cannot request additional work from the crew directly unless it is approved by the project manager, and the additional costs are expressly approved by the authorizing party.

Scheduling: Job scheduling is dependent on weather conditions, workload, and geographic relationship to other scheduled work and other unforeseen issues. DSSI will do our best to meet all scheduled work dates, but shall not be liable for damages due to delays. If the client requires that they be on site the day of the job, this must be expressed when confirming the estimate. If times are given they are approximate, and DSSI will not be held responsible for being late or early.

Cancellation of Work: The customer shall provide at least 24 hours advance notice of any full or partial work cancellation. If a crew has been dispatched to the job site, the customer will be assessed a mobilization fee of $250.00 for incurred expenses. If the job site is made inaccessible to the crews of DSSI because of parked vehicles or other obstructions a $300 fee will be assessed.

Customer Pricing Notice: A 3.0% Customer Service Charge is Applied to All Service We Provide.

Cash Discount: We Now Provide a Cash Discount to Our Customers Who Pay With Cash and Eliminate the Customer Service Fee.

PAY BY CASH OR CHECK AND SAVE!
Displayed Rates On Estimates and Invoice Are Cash Prices.

Deposits: Deposits are non-refundable.

Withdrawal of Proposal by DSSI: Proposals for work expire within 180 days of estimate unless otherwise noted. DSSI reserves the right to withdraw a proposal for any reason. In cases where DSSI withdraws a proposal (before work has begun), all deposits and payments will be refunded.

Completion of Contract: DSSI agrees to do its best to meet performance dates, but shall not be liable in damages or otherwise for delays because of inclement weather, labor, or any other cause beyond its control.

Arborist Disclosure Statement: DSSI is proud to provide our clients with the services of credentialed arborists including: International Society of Arboriculture (ISA) Certified, Nevada and California Licensed, Certified Treecare Safety Professionals (CTSP), Electrical Hazards Awareness Program (EHAP) certified, CPR certified and Licensed Nevada and California Pesticide Applicators. However, it is important to note that arborists cannot detect or anticipate every condition or event that can lead to illness, structural failure, or defects causing future problems with a tree; nor can an arborist guarantee the future health or safety of a tree in all circumstances.

Insurance by Contractor: DSSI warrants that it is insured for liability resulting from injury/damage to person(s) or property and that all employees are fully covered by Workers’ Compensation as required by law. Current Certificates of Insurance are available upon request.

Safety & Tree Care Standards: All DSSI arboricultural operations will follow the latest version of the ANSI Z133.1 industry safety standards. All work is performed in accordance with the Best Management Practices (BMPs) set forth by the International Society of Arboriculture (ISA) as well as current American National Standards Institute (ANSI) Standards for Tree Care Operations. The authorizing party agrees to not enter the work area during arboricultural operations unless authorized by the crew leader on site.

Access & Homeowner Preparation: DSSI will do its utmost to protect permanently installed property such as pools, patios, etc., and unless otherwise specified, will remove property such as lawn furniture, ornamentation, potted plants, etc. from the work area as needed. The authorizing party is responsible for removing any pet waste from the job site area. The authorizing party is responsible for removing all vehicles from driveways, frontages and parking areas in and around the job site. In the event vehicles have not been moved upon arrival, thus preventing work from being performed as scheduled, a 10% rescheduling fee will be assessed. If work requires access via neighboring property, it is the authorizing party’s responsibility to procure their neighbor’s consent and ensure their neighbor has prepared accordingly, including any removal of vehicles.

Concealed Contingencies: DSSI is not responsible for damages to underground sprinklers, drain lines, invisible fences or underground cables unless the system(s) are adequately and accurately mapped by the authorizing party. Any additional work or equipment required to complete the work, caused by the authorizing party’s failure to make known or caused by previously unknown foreign material in the trunk, the branches, underground, or any other condition not apparent in estimating the work specified, shall be paid for by the customer on a time and materials basis.

Driveways/Sidewalks/Lawns: DSSI will reasonably attempt to minimize damage to driveways, sidewalks, lawns, patios or other property. In the event that our equipment causes settling, cracking, or other damage to driveways and/or sidewalks, and/or disturbances to the customer’s lawn, or property, DSSI is not liable for any repairs or incurred costs.

Tree Risk: When prominent risk conditions in trees are detected by DSSI, we will make every effort to proceed with the work promptly. However, DSSI does not assume any liability for any accident, damage or injury that may occur on the ground or on any other object or structure prior to the work beginning, nor are we liable for any unforeseen hazards encountered.

Cleanup: Cleanup shall include removing wood, brush, and clippings, and raking/blowing of the entire area affected by the specified work, unless otherwise noted in the proposal.  For Forestry Mastication jobs only driveways and roads will be blow off.  

Stump Grinding: Unless specified in the proposal, stump grinding is not included in prices quoted for tree removal. When included, standard grinding depth is 4N6 inches below ground level. Grindings and shavings from stump grinding are not hauled away unless specified in the proposal. Surface and subsurface roots beyond the stump are not removed unless specified in the proposal.

"Cut into firewood length:" For purposes of this contract, this phrase refers to wood that is cut into rounds of 15-24" length, that are ready to be split. It does not mean that the wood is split into sections ready to burn.

"Cut and stacked" For purposes of this contract, this phrase refers to wood that is to large to mulch or chip.  It will be cut into 5-10' length and will be stacked for future use by the customer.

Discounts: Discounts given on any work will be revoked if the invoice is not paid in full within 72 hours of invoice issuance.

Billing, Deposits, Terms of Payment: The final invoice for the balance due will be issued via email and/or text message at the completion of work. For extended period projects lasting several weeks, or other proposals requiring upfront purchase of materials, progress payments will be required prior to commencement of the job. Payment responsibility automatically falls to the authorizing party; it is not the responsibility of DSSI to wait for or seek payment from a third party (neighbor, insurance company, client, etc). All invoices are payable upon completion issuance of invoice. Accounts not paid in full within 5 days will result in a finance charge of 5% per month. Any fees incurred due to insufficient funds or returned checks will be the responsibility of the authorizing party and are subject to the terms of the original invoice. Please note that additional services will be delayed or cancelled due to outstanding balances.

Progress Payments: As stated above jobs lasting more than one week progress payments will be required at the end of each work week.  Progress payment invoices will be emailed or text to the client and are due at issuance.

NOTICE TO OWNER

PROVIDED IN ACCORDANCE WITH SECTION 7018.5 OF THE BUSINESS AND PROFESSIONS CODE

Under the California Mechanics' Lien Law, any contractor, subcontractor, laborer, supplier, or other person or entity who helps to improve your property, but is not paid for his or her work or supplies, has a right to place a lien on your home, land, or property where the work was performed and to sue you in court to obtain payment. This means that after a court hearing, your home, land, and property could be sold by a court officer and the proceeds of the sale used to satisfy what you owe. This can happen even if you have paid your contractor in full if the contractor's subcontractors, laborers, or suppliers remain unpaid.

To preserve their rights to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are each required to provide you with a document called a "Preliminary Notice." Contractors and laborers who contract with owners directly do not have to provide such notice since you are aware of their existence as an owner. A preliminary notice is not a lien against your property. Its purpose is to notify you of persons or entities that may have a right to file a lien against you property if they are not paid. In order to perfect their lien rights, a contractor, subcontractor, supplier, or laborer must file a mechanics' lien with the county recorder which then becomes a recorded lien against your property. Generally, the maximum time allowed for filing a mechanics' lien against your property is 90 days after substantial completion of your project.

TO INSURE EXTRA PROTECTION FOR YOURSELF AND YOUR PROPERTY, YOU MAY WISH TO TAKE ONE OR MORE OF THE FOLLOWING STEPS:

1. Require that your contractor supply you with a payment and performance bond (not a license bond), which provides that the bonding company will either complete the project or pay damages up to the amount of the bond. This payment and performance bond as well as a copy of the construction contract should be filed with the county recorder for your further protection. The payment and performance bond will usually cost from 1 to 5 percent of the contract amount depending on the contractor's bonding ability. If a contractor cannot obtain such bonding, it may indicate his or her financial incapacity.
2. Require that payments be made directly to subcontractors and material suppliers through a joint control. Funding services may be available, for a fee, in your area which will establish voucher or other means of payment to your contractor. These services may also provide you with lien waivers and other forms of protection. Any joint control agreement should include the addendum approved by the registrar.
3. Issue joint checks for payment, made out to both your contractor and subcontractors or material suppliers involved in the project. The joint checks should be made payable to the persons or entities which send preliminary notices to you. Those persons or entities have indicated that they may have lien rights on your property, therefore you need to protect yourself. This will help to insure that all persons due payment are actually paid.
4. Upon making payment on any completed phase of the project, and before making any further payments, require your contractor to provide you with unconditional "Waiver and Release" forms signed by each material supplier, subcontractor, and laborer involved in that portion of the work for which payment was made. The statutory lien releases are set forth in exact language in Section 3262 of the Civil Code. Most stationery stores will sell the "Waiver and Release" forms if your contractor does not have them. The material suppliers, subcontractors, and laborers that you obtain releases from are those persons or entities who have filed preliminary notices with you. If you are not certain of the material suppliers, subcontractors, and laborers working on your project, you may obtain a list from your contractor. On projects involving improvements to a single-family residence or a duplex owned by individuals, the persons signing these releases lose the right to file a Mechanic's lien claim against your property. In other types of construction, this protection may still be important, but may not be as complete. To protect yourself under this option, you must be certain that all material suppliers, subcontractors, and laborers have signed the "Waiver and Release" form.

If a mechanics' lien has been filed against your property, it can only be voluntarily released by a recorded "Release of Mechanics' Lien " signed by the person or entity that filed the mechanics' lien against your property unless the lawsuit to enforce the lien was not timely filed. You should not make any final payments until any and all such liens are removed. You should consult an attorney if a lien is filed against your property.