Terms of Service

Last Updated: December 28, 2024

Introduction

These Terms of Service ("Terms") govern your use of tree care and arborist services provided by Wilsaw Tree Experts ("Wilsaw," "we," "our," or "us"). We are a professional arborist company serving Belleville, Ontario and the surrounding Quinte region, including Trenton, Napanee, Brighton, Kingston, Stirling, and Quinte West.

By requesting a quote, scheduling services, or engaging our services in any way, you ("Customer," "you," or "your") agree to be bound by these Terms.

Services

Wilsaw Tree Experts provides professional tree care services, including but not limited to:

• Tree removal
• Tree trimming and pruning
• Stump grinding
• Emergency tree services (24/7)
• Tree health assessment and consultation
• Commercial and municipal tree services

All tree care services are performed by trained professionals following industry best practices for safe and effective tree care.

Estimates and Quotes

All quotes are provided free of charge and are valid for 30 days unless otherwise specified in writing. Please note:

• Quotes are based on visual assessment of the tree(s) and site conditions at the time of the estimate
• Hidden conditions discovered during work (such as internal decay, pest infestation, or unexpected structural issues) may affect the final price
• Any changes to the original scope of work will be documented in a written change order and approved by the customer before proceeding
• Quotes include applicable HST (Harmonized Sales Tax) unless stated otherwise
• Site conditions must remain substantially unchanged between quote and service date; significant changes may require re-quoting

Scheduling and Cancellation

Scheduling:

Services are scheduled based on availability and weather conditions. Tree work is weather-dependent, and we reserve the right to reschedule due to unsafe conditions including high winds, electrical storms, ice, or heavy rain. Weather-related reschedules do not incur any penalty or fee.

Cancellation:

Customers may cancel or reschedule appointments with at least 24 hours notice at no charge. Cancellations with less than 24 hours notice may be subject to a cancellation fee to cover crew mobilization costs.

Emergency Services: Emergency tree services are provided on a priority, first-come, first-served basis. Standard scheduling policies do not apply to emergency calls.

Payment Terms

Payment is due upon completion of services unless otherwise agreed in writing. We accept the following payment methods:

• Cash
• Cheque (made payable to "Wilsaw Tree Experts")
• Credit and debit cards (Visa, Mastercard)
• Interac e-Transfer (to [email protected])

HST: All quoted prices are subject to 13% HST (Harmonized Sales Tax) in accordance with Ontario tax law. HST registration number available upon request.

Late Payments: Invoices not paid within 30 days of service completion may be subject to interest charges at a rate of 2% per month (24% annually) or the maximum allowed by Ontario law, whichever is less. Outstanding balances may be subject to collection action.

Property Access and Preparation

To ensure safe and efficient service, customers must provide:

• Clear access to work areas for crew and equipment (including gate access if applicable)
• Removal of vehicles, lawn furniture, potted plants, and personal items from the work zone
• Information about the location of underground utilities, septic systems, irrigation systems, or invisible pet fences
• Notification of any known hazards (bee or wasp nests, poison ivy, uneven terrain, etc.)
• Permission to access neighbouring properties if required for rigging or equipment placement

Safety: Pets and children must be kept clear of the work area at all times during service. Our crew may pause work if safety conditions are not maintained.

Utility Lines and Electrical Safety

Overhead Power Lines:

For trees within proximity of power lines, it is the customer's responsibility to contact your local electrical utility (Hydro One, Belleville Hydro, or your local distributor) to arrange for temporary disconnection or to have the utility perform the work. In accordance with the Electrical Safety Authority (ESA) regulations, Wilsaw Tree Experts will not work within minimum clearance distances of energized power lines without proper utility coordination and de-energization.

Underground Utilities:

For any work involving excavation (including stump grinding), customers should contact Ontario One Call (1-800-400-2255 or ontarioonecall.ca) to arrange for underground utility locates prior to our scheduled service date. We are not responsible for damage to unmarked or improperly marked underground utilities, including gas lines, electrical cables, water lines, or telecommunications infrastructure.

Permits and Municipal Compliance

Many Ontario municipalities, including Belleville, have tree protection bylaws that may require permits for tree removal or pruning, particularly for:

• Trees above a certain diameter (often 15 cm DBH or greater)
• Trees in environmentally protected areas or near watercourses
• Heritage or designated trees
• Trees on properties subject to site plan agreements

Customer Responsibility: It is the customer's responsibility to obtain any required permits or approvals from your municipality before work begins. Wilsaw can provide guidance on permit requirements and supporting documentation (such as arborist reports), but we cannot guarantee permit approval. Work performed without required permits is done at the customer's risk, and the customer assumes all liability for any fines or remediation orders.

Liability and Insurance

Wilsaw Tree Experts maintains comprehensive insurance coverage for your protection:

• Commercial General Liability: $2,000,000 per occurrence
• WSIB Coverage: Full Workplace Safety and Insurance Board coverage for all employees

Certificates of insurance are available upon request. We are not responsible for damage to underground utilities, septic systems, irrigation systems, or other underground infrastructure that was not disclosed or properly marked prior to work.

Property and Site Restoration

Tree removal and stump grinding may cause minor impact to the surrounding lawn and landscaping. Please note:

• Minor lawn rutting or compaction from equipment is normal for tree work and is not considered damage
• Basic site cleanup is included: removal of all wood, branches, and debris; raking of the work area
• Stump grinding creates a hole filled with wood chips, level with or slightly below the surrounding grade
• We are not responsible for pre-existing lawn conditions, drainage issues, or damage to grass in poor health

Restoration Services: Full lawn restoration services (topsoil, grading, and grass seed) are available as an add-on service at additional cost. Please inquire at the time of your quote if you would like restoration included.

Boundary Trees

Under Ontario law, trees growing on or across property boundaries are typically considered joint property of both landowners. For trees on or near property lines:

• The customer must have written agreement from the neighbouring property owner before requesting removal or significant pruning of boundary trees
• Wilsaw may require proof of property ownership (survey or deed) and/or written neighbour consent before proceeding
• We are not responsible for disputes between neighbours regarding boundary trees or property lines
• If a dispute arises, we reserve the right to suspend work until the matter is resolved

Limitations of Liability

To the fullest extent permitted by Ontario law:

• We are not liable for damage caused by acts of nature (storms, lightning, wind), hidden tree defects, or pre-existing conditions
• Our total liability for any claim is limited to the amount paid for the specific service in question
• We are not liable for consequential, indirect, incidental, or punitive damages
• Claims must be made in writing within 30 days of service completion
• Our liability does not extend to damage resulting from customer's failure to disclose material information about the property or trees

Wood and Debris Disposal

Unless otherwise agreed in writing, all wood chips, branches, and debris will be removed from the property as part of the service. Firewood-length wood can be left on-site at the customer's request at no additional charge. For large trees or significant quantities of wood, additional disposal fees may apply and will be disclosed in the quote.

Emergency Services

Emergency tree services are available 24 hours a day, 7 days a week, 365 days a year. Emergency services are dispatched on a first-come, first-served basis based on severity and safety risk. Emergency rates may apply for services requested outside normal business hours (Monday-Friday 7:00 AM - 6:00 PM, Saturday 8:00 AM - 4:00 PM). While we make every effort to respond promptly, specific response times cannot be guaranteed during major storm events.

Hazardous Conditions and Safety

The safety of our crew and your property is our priority:

• Our crew chief has full authority to pause or stop work if unsafe conditions arise
• If unexpected hazards are discovered during work (such as structural decay, pest infestations, or unstable soil), additional charges may apply to address these safely
• Customers are responsible for disclosing all known hazards on the property
• Wilsaw reserves the right to decline work that poses unacceptable safety risks to our crew or the public

Warranty and Disclaimer

We warrant that all services will be performed in a professional manner consistent with industry standards and best practices for arboriculture. However:

• Living Organisms: Trees are living organisms subject to disease, insect damage, environmental stress, and natural mortality. We do not warranty against tree death, decline, disease, or pest infestation occurring after service completion
• Storm Damage: We do not warranty against storm damage or weather-related failures of trees we have serviced
• Stump Grinding: Stumps are ground to the specified depth, but root regrowth or sprouting from remaining root material is a natural occurrence and is not covered
• Consultations: Tree health assessments and consultations represent our professional opinion based on visual inspection. They are not guarantees of tree longevity or health

If you are unsatisfied with our work, please contact us within 30 days of service completion and we will work to address your concerns.

Photos and Marketing

Wilsaw Tree Experts may photograph or video record completed work for documentation, training, and marketing purposes. By engaging our services, you consent to:

• Before and after photos of the tree work performed on your property
• Use of these images on our website, social media accounts, and marketing materials
• Photos will not include personally identifiable information (faces, license plates, house numbers) without separate consent

Opt-Out: If you do not wish to have photos of your property used for marketing, please notify us at the time of service or in writing, and we will honour your request.

Disputes and Resolution

In the event of a dispute, both parties agree to first attempt resolution through good faith negotiation. If negotiation does not resolve the matter within 30 days, disputes will be resolved through binding arbitration in Belleville, Ontario in accordance with Ontario law. This agreement is subject to the protections of the Ontario Consumer Protection Act, 2002.

Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any legal proceedings arising from these Terms shall be conducted in Belleville, Ontario.

Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website with an updated "Last Updated" date. Continued use of our services after such changes constitutes acceptance of the modified Terms. The Terms in effect at the time you request a quote or schedule service will apply to that transaction.

Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid while preserving the parties' original intent.

Contact Information

For questions about these Terms of Service, to request proof of insurance, or to discuss any concerns, please contact us: