Terms and Conditions

MAGIC VALLEY PLANT DR. TERMS and CONDITIONS

Thank you for choosing MVplantDR! The following terms and conditions, together with prices, and specifications outlined on the estimate, proposal, and/or services agreement and Emergency Plant Health Care and/or Integrated Pest Management (IPM) Preventative Program; Datasheet/Report, collectively referred to as “MVplantDR ("Data Report”) and/or (“Agreement”).

PERFORMANCE by MVplantDR – Our Plant Health Care and Preventative/Support programs aim to prevent and manage issues caused by insects, pests, and diseases. These programs do not guarantee the total elimination of weeds, insects, mites, diseases, or deer browsing.  Following treatment, horticulturally acceptable levels of insects, mites, disease, and deer browsing may persist.  Epidemic infestations may require additional visits at additional cost to you, pending your approval.

PROCEDURES & SITE VISIT -Whenever we visit your property, we will provide the owner with an evaluation form or electronic report, either on-site or by email, detailing the services performed. If needed, further recommendations, safety measures, and follow-up actions may be put in place to ensure optimal service outcomes. Your lawn, trees, or shrubs may be re-measured if there is a discrepancy between the original estimate and the actual square footage or products used as needed. You will receive notifications regarding these discrepancies, along with any changes in prices for upcoming services.
 

SERVICE RENDERED & DATA PROCURMENT - Work crews will arrive at the job site unannounced unless otherwise noted herein. The datasheet or report presents estimated and alternative dates for our delivery service. MVplantDR shall not be liable for damage or losses due to delays for weather or causes beyond our control, or for failure to observe precaution notices. By accepting this Agreement and engaging our services, you accept that every day during the Agreement’s term is a day on which applications may be applied, and you are continuously on notice that MVplantDR will perform applications on any day during the term of this Agreement if any other day becomes unnecessary or infeasible for performance (due to weather, scheduling conflicts, or weed, insect, mite and disease cycles) in which case you waive MVplantDR’ s performance on such a day. Under exceptional circumstances, you are requesting that MVplantDR refrain from contacting you regarding application dates, as any further communication on this matter would impose an undue burden.

You acknowledge that MVplantDR may need to use trucks and heavy equipment on your driveway and other areas of your property while providing services to you. MVplantDR 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 MVplantDR harmless for, and agree not to bring any claims against MVplantDR as a result of, any damage or degradation to any part of your property that results from the presence on it of such equipment.

You understand that after removal of stumps/roots that some shrubs/trees will continue to produce sprouts that may require multiple treatments, at additional cost to you (and at your election), for control and that these treatments may result in damage to nearby plants/shrubs/trees and that you hereby hold MVplantDR harmless for, and agree not to bring any claims against MVplantDR as a result of, any damage to nearby plants/shrubs/trees.

WORKMANSHIP –Experienced professionals conduct every task using the right tools and equipment, ensuring the job is done correctly and with professionalism.  Our work meets and exceeds the guidelines and standards set forth by ANSI (the American National Standards Institute) A300. If any further significant work is needed, our Integrated Pest Management (IPM) team will assess it during a follow-up site inspection and provide an estimate, proposal, or service agreement for your approval.  The purpose of recommendations is to help lessen or prevent dangerous situations related to trees.  The owner or owner’s representative is responsible for the annual scheduling of the required inspection of any supplemental tree support systems.

You have a duty to inspect your property within fifteen (15) calendar days of service and provide written notice within that time of alleged damage of any nature. If you do not give written notice within the specified period, you waive any claims for damages of any kind and any rights to withhold future payments under this Agreement.

WARRANTIES – Unless explicitly mentioned in this agreement, there are no express or implied warranties, guarantees, or representations for products used or services provided.  As implied, we at MV plant Dr, LLC is a service provider and a tool to narrow down insect/pest and disease issues to mitigate future damage and non-recoverable plant material. 

INSURANCE –MVplantDR carries liability insurance that covers injuries to people or accidental property damage, and all of our service partners are protected by Workers’ Compensation Insurance.  We offer General Liability insurance for personal and property damage, with certificates available upon request.

OWNERSHIP – By accepting this Agreement and engaging our services, you warrant that all trees, plant material, and property on which work is to be performed are either owned by you or that permission for the work has been obtained from the owner. Additionally, the property owner or their representative is responsible for securing any necessary permits required by local authorities.  You hereby agree to defend indemnity and hold MVplantDR harmless from all claims for damage resulting from your failure to obtain such permits and/or your failure to obtain proper permissions for MVplantDR to perform its services.

TERMS OF PAYMENTS – The total cost estimates within this Agreement are valid for 30 days unless otherwise noted. All invoices are payable upon receipt. A deposit of 50% may be required prior to the commencement of General Tree Care work. Planting and transplanting services require a deposit of 50% at the time of authorization of such services. Invoices that remain unpaid for over 30 days will incur a finance charge at the highest rate permitted by state law.  Your next service may not be performed if your account is past due. Past due balances void any guarantees and/or warranties. If third-party help is needed to recover the account, you will be liable for all related expenses, such as reasonable attorney fees and court costs.  If required, sales tax will be included in the amounts specified in this Agreement according to your local and state tax laws.  If any terms of this Agreement are changed, your payment for our services afterward will serve as written confirmation that you accept those changes. 

CONCEALED CONTINGENCIES – You agree to pay MVplantDR on a time and materials basis for any additional work required to complete the job occasioned by hardscape/concrete or other foreign matter; stinging insect nests in the tree, trees, or branches; rock, pipe, or underground utilities encountered in excavations; and work not described within this Agreement, or any other condition not apparent in estimating the work specified. You must inform MVplantDR about the location of underground utilities in the work area. This responsibility includes contacting the relevant authorities and marking any underground utilities or hidden objects.  MVplantDR shall not be responsible for damage to such utilities or concealed objects. Additionally, MVplantDR is not obligated to provide any services under this Agreement if it determines that the conditions make safe service impossible or performance impractical.

STATE NOTIFICATION REQUIREMENTS – Certain states require that specific product information be submitted to you. If required, attached to this Agreement is our Datasheet, which provides such information. The Datasheet also can be found at www.MVplantDR.com/ds/index.html. Your written authorization on the Authorization Page of this Agreement waives any pre-notification requirement unless noted otherwise. The property owner or owner’s agent may request the specific date or dates of the application(s) to be provided and, if so requested, the pesticide applicator or business must inform them of the specific dates and include that date or dates in the contract. Upon request, any of the following will be provided prior to a pesticide application: brand, product, or common chemical name and a copy of the label of each pesticide that may be applied; date of application (may be provided orally, if you agree); and the name, business address, and telephone number for more information about the application.

LIMIT OF LIABILITY – MVplantDR’ s total liability for any losses, damages, and expenses of any type whatsoever incurred by you or any of your guests, tenants, or invitees in connection with or resulting from MVplantDR’ s services under this Agreement (“Losses”), which are caused by wrongful acts or omissions of MVplantDR, shall be limited solely to proven direct and actual damages in an aggregate amount not to exceed the amounts actually paid to MVplantDR hereunder. MVplantDR is not responsible for any special, indirect, incidental, or consequential damages, no matter how the claim arises—be it from contract, tort, or another reason—even if MVplantDR was warned about or reasonably should have anticipated such damages.

FORCE MAJEURE – MVplantDR shall not be liable for any failure to perform its obligations under this Agreement if such failure is caused by acts of God, earthquake, war, attack, strikes, revolutions, lack or failure of transportation facilities, laws, or governmental regulations or other causes that are beyond the reasonable control of such party.

ARBITRATION – Any dispute, controversy or claim arising out of or relating to this Agreement or the breach thereof, the work performed by MVplantDR for you, and/or any commission or omission by MVplantDR, shall be submitted to and determined by arbitration before a single arbitrator pursuant to the Commercial Rules of the American Arbitration Association. The arbitration shall be held at the American Arbitration Association office closest to the site at which MVplantDR performed the underlying services for you. The arbitration award shall be final and binding. Judgment on the award may be entered in any Court having competent authority thereof.

CUSTOMER REFERRAL PROGRAM – Word of mouth is our best advertising. When you are satisfied with our services, please tell a friend. Each time you refer to a new customer to us who meets with our IPM Team, we will send you a thank you gift.

YOUR SATISFACTION IS IMPORTANT – Should our service fall short of your expectations, please contact us immediately and we will do everything we can to make it right.