405-974-1088
_edited.jpg)
Terms & Conditions
Fence Service Contract Conditions
Warning: Asap Tree and Fencing LLC, as the manufacturer, wholesaler, and/or installer, assumes no liability for any injury resulting from misuse of the fence, such as climbing, scaling, passing under, or other activities related to the fence.
Terms: A 50% down payment is required. The remaining balance is due upon completion of the job. Payment options include cash, check (a 5% discount is available for payment by cash!), Mastercard, Visa, Discover, ACH, or other electronic payments. Full payment must be made upon job completion. A compounding late fee of 1.5% of the outstanding balance will be charged every 30 days past the final invoice date, with an annual rate of 18% on outstanding balances. Financing options are available to qualified buyers including a 0% interest, 90-day same-as-cash option. Any additional materials beyond the contracted amount will be billed at the current rate and added to the final invoice. Temporary fencing, including post-driven and panel setups, must be paid for in full before installation. Once the contract term is fulfilled, rental will be billed on a month-to-month basis unless otherwise specified.
Notice: If the contract is altered after the installation crew arrives, there will be a $175.00 per hour charge for time lost. Cancellations will result in the forfeiture of the 50% down payment.
Acceptance: Acceptance of the proposal by Asap Tree and Fencing LLC at its main office forms a contract between the parties, which may only be canceled by Asap Tree and Fencing LLC. Full payment is due after substantial completion of the work. The customer agrees to be liable for all court costs, attorney’s fees, and other expenses incurred by Asap Tree and Fencing LLC in collecting any amounts due. Substantial completion is defined as when the project or a portion thereof is fit for its intended use. If payment is not made as specified, Asap Tree and Fencing LLC reserves the right to reclaim all materials used on the job. The property owner is responsible for locating, staking, and clearing fence lines, as well as locating underground sprinkler systems, and private underground gas, electric, and drainage lines.
Alternative Dispute Resolution: Except as herein provided the Customer agrees not to bring, file, initiate, commence, continue, or pursue any lawsuit, claim, counterclaim, crossclaim, or set off or any other judicial administrative, or other legal proceeding against Asap Tree and Fencing LLC more than one year after any incident giving rise to the claim occurred, regardless of the discovery date. If Customer wishes to file lawsuit against Asap Tree and Fencing LLC, Customer must first provide Asap Tree and Fencing LLC with (30) days written notice of the intention to do so and the same opportunities to cure.
Agreement and Authority: Upon acceptance, the Customer represents that he/she has full authority to sign this Agreement for Services at the agreed-upon address where the Services are to be completed. This is the entire agreement between the parties, and all prior discussions, negotiations, and representations are merged into and superseded by this Agreement, and the Customer cannot rely on such matters that predate this Agreement or any verbal agreements before, during, or after the date of the Agreement.
Entire Contract: This Agreement, along with any applicable Proposal, shall apply as the binding and entire Agreement between the Company and the Customer and are to be read in conjunction with the particulars of any estimation documentation.
Special Orders: Full payment is required before ordering special materials. No refunds will be provided if work is canceled. Examples of special orders include aluminum, PVC, and steel.
Acceptance of Contract: By signing, you confirm that you have read and accept the specifications and conditions stated in this agreement. You authorize Asap Tree and Fencing LLC to proceed with the work as specified and agree to the payment terms outlined.
Insurance Payment: This contract is not contingent on payment from an insurance policy or third-party liability. The consumer is solely responsible for payment.
Modifications: Any modifications to this contract will be communicated to you by Asap Tree and Fencing LLC, and you will be required to sign off on them. Modifications will be charged according to Asap Tree and Fencing LLC’s hourly rate as outlined in the notice clause.
Severability: If any part of this agreement is found to be illegal or unenforceable, the remaining provisions will remain in effect.
Pagination: The Digital Estimate serves as the first page of this contract. The attachments are our terms and conditions as outlined by Oklahoma State Law. Notices of Cancellation, rights & responsibilities, as well as a contract that requires a signature will be attached.
Unforeseen Circumstances: Unforeseen issues, such as unmarked utilities, underground barriers (roots, concrete pads, etc.), may lead to additional expenses and delays in the approximate start and completion dates.
Waiver of Subrogation: You agree to waive all subrogation rights against Asap Tree and Fencing LLC, its subcontractors, and employees for any claims arising during or after the services under this agreement. This waiver applies even if the person or entity would otherwise have a duty of indemnification, did not directly pay the insurance premium, or had an insurable interest in the property.
Arbitration: Any disputes regarding installation, permits, workmanship, or services under this contract will be resolved through arbitration. The arbitration award may be entered into any court with jurisdiction. Other issues may also be arbitrated with both parties’ consent.
Indemnification and Hold Harmless: You agree to indemnify and hold Asap Tree and Fencing LLC harmless from any third-party claims, including injury, death, property damage, or business interruption, arising from Asap Tree and Fencing LLC’s negligent acts or omissions. Asap Tree and Fencing LLC is not liable for any failure to perform due to "Acts of God" or other causes beyond its reasonable control, nor for any consequential, incidental, or special damages.
Homeowners’ Responsibilities:
Ownership: The Customer warrants that all trees listed are located on the Customer’s property and if not, the Customer has received full written permission from the property owner to allow Asap Tree and Fencing LLC to perform the Services. Should any tree be mistakenly identified as to ownership, the Customer agrees to indemnify Asap Tree and Fencing LLC for any damages or costs incurred from the result thereof.
Customer Safety: The Customer agrees to not enter the work area during the Services unless authorized by the onsite crew leader/supervisor.
Personal Property: The Customer is responsible for removing all personal property from the worksite area in advance of the scheduled arrival date. If the Customer fails to remove all items in advance or requires assistance in moving items Asap Tree and Fencing LLC will make a reasonable effort to relocate these items or protect them to the best of its ability but will not be held liable for any damage.
Concealed contingencies/foreign materials: The Customer will clearly and conspicuously mark anything such as septic fields, underground septic tanks, buried structures/tanks of any kind, abandoned cisterns, shelters, basements, etc. that requires special consideration when accessing the job site area, and will inform Company as to any potential hazards of which Customer is aware. The Customer will be liable for damages due to a failure to report any underground hazards, structures, or personal property that Asap Tree and Fencing LLC has not been made aware of in advance, during the estimate/quote process. Any additional work required as a direct result of the considerations discussed above, or caused by foreign materials in the trunk, branches, underground, or any other condition not apparent during the estimating/quoting process will be billed at the Company’s normal rate.
Property Lines: You must locate your property lines prior to installation. A certified stake survey is recommended. Location reports are not guarantees of property lines. City and county ordinances and building permits are the homeowner’s responsibility. Any rework required due to non-compliance will be at your expense. You may need to apply for a variance if necessary.
Homeowners Association Approval: If applicable, obtain proper authorization from your Homeowners Association before installation. If you have an irrigation system, ensure all heads and lines in the work area are marked. Relocating water lines or sprinkler heads may be necessary if they are within 12 inches of the fence line.
Non-Public
Underground Utilities: Locate any installed underground lines to outbuildings, light poles, or other areas before installation. Asap Tree and Fencing LLC is not responsible for damage to non-public underground utilities due to improper or lack of marking.
Asap Tree and Fencing LLC Responsibilities:
Public Utilities: Asap Tree and Fencing LLC will contact major public utilities and have them marked prior to installation, including cable TV, electric, gas, water, and phone. It is recommended that you meet with the supervising foreman on the installation day to review details. Additional charges may apply for HydroVac services if digging is within 30 inches of a public utility.
Mechanic’s Lien: In accordance with Oklahoma’s Mechanic's Lien Act, if payment is not made for the work or materials, a mechanic’s lien may be recorded against the property and all improvements thereon.
Limited Lifetime Craftsmanship Warranty: Asap Tree and Fencing LLC offers a Lifetime Craftsmanship Warranty on all installed fence products. This does not cover natural product characteristics, misuse, modifications, or prior repairs. To maintain the warranty, our fence sign must remain on the fence. Failure to do so will void the warranty.
Placing an Order: Contact your sales representative with any questions. To proceed, sign and date the Proposal Contract or by clicking on the accept button of your electronic estimate and place a deposit. Material ordering and scheduling will only begin upon receipt of this information. Final payment is due upon completion and should be given to the crew foreman or our invoicing department unless payment arrangements have previously made.
Layout Approval: Our production department will contact you before starting your project. You must be on-site to approve the initial layout and gate placement. If unavailable, we will proceed based on the signed agreement. Any changes to the layout will require a signature and may result in additional costs.
Plot Plans: Plot plans are approximate and not guarantees of property lines. A staked survey is highly recommended to show true property lines.
Post Setting and Finishing: Concrete setting requires curing time before finishing, typically 2-5 days. For no-dig installations, there will be minimal dirt and no cleanup required.
Grade Concerns: Due to varying grades, the fence may not be perfectly straight or level. You may need to fill gaps under the fence after installation. We are not responsible for issues related to uneven grades.
Delays in Schedule: Weather conditions and peak season may affect the installation schedule. Our production department will inform you of any changes. Contact us with any scheduling questions.+
Customer Awareness:
Public Underground Utilities: You are responsible for locating and marking underground utilities. This may be done by calling 811 or visiting https://geoappv3.okie811.org/geocall/portal?directAccess=homeOwner. Any damage to private utilities will be at your expense.
Wood Material Notes: Wood can split, crack, twist, or vary in color. Asap Tree and Fencing LLC selects the best quality lumber, but no warranty covers natural wood characteristics.
Dirt Disposal: Dirt from digging post holes is the customer's responsibility to dispose of. We can remove it for an additional fee if desired.
Debris Removal: All debris from tree trimming and removal operations as part of the Services shall be cleaned up each day before the work crew leaves the site unless otherwise coordinated by the Customer and Company. All Customer lawn areas shall be raked, streets, and sidewalks in the worksite area shall be cleaned, and all brush, branches, and logs that were a direct result of the Services shall be removed from the site unless stated otherwise on the written contract or quote.
Stump Grinding: “Stump Grinding” is the process of utilizing a commercial stump grinder to remove the stump to a depth of two to six inches (2”-6”) below ground, unless otherwise stated in the Proposal. Stump grinding is not included in the price quoted for tree removal unless explicitly stated in the Proposal. Surface and subsurface roots beyond the stump are not removed unless specified in this Agreement or applicable Proposal. Any additional work required that is directly from foreign materials in the trunk, underground, or any other condition not apparent during the estimating/quoting process will be billed at the Company’s normal rate.
Media Release: Asap Tree and Fencing LLC may take video, audio, and/or pictures of the progress of the project to be used for promotional purposes. By accepting this agreement, the Customer grants Asap Tree and Fencing LLC, the right to use, publish, and reproduce for any purpose, in any format, and on any medium. Additionally, the Customer waives all rights to receive any compensation for the use of this media.
(b) Safety: All Action Tree Service operations will follow the latest industry safety standards.
(c) Lawn & Surfaces Damage/Repair: Asap Tree and Fencing LLC will attempt to minimize all disturbances to the Customer’s lawn and surfaces. However, in many cases, Asap Tree and Fencing LLC must utilize large vehicles & equipment designed to perform the Services. Asap Tree and Fencing LLC shall not be liable for damages to driveways, landscaping, sod, and/or plant material in the execution of its work or causes beyond its control (i.e.: ruts left in the yard from heavy equipment, limbs falling on flowerbeds, cracking of paved or concrete surfaces and/or sidewalk due to weight of trucks/equipment, etc.).
(d) Pedestrian/Vehicular Safety: Asap Tree and Fencing LLC is solely responsible for pedestrian and vehicular safety control within the worksite while performing the
Services. Asap Tree and Fencing LLC shall provide reasonable warning devices, barricades, and ground personnel required to promote the safety, protection, and warning of pedestrian and vehicular traffic within the area. Notwithstanding the foregoing, Asap Tree and Fencing LLC services shall not be responsible for any losses or damages related to bodily injury, including death, or property damage which occurs as a result of Customer’s negligence or willful misconduct concerning worksite access.
Additional Work: Any additional work or equipment required to complete the Services which is caused by Customer’s failure to make known, or caused by previously unknown, foreign material in the tree trunk, the branches, underground, or any other condition not apparent in estimating the cost of the Services, shall be paid for by the Customer at the Company’s normal rate.
Utilities Acknowledgment & Waiver:
Explanation of Utilities: Flags, stakes, or marks indicate the approximate location of public utilities. Do not remove or alter these markers until the fence installation is complete.
Public vs. Private Utilities: Public utilities serve your home, while private utilities serve your property. You are responsible for marking and protecting private utilities.
Unforeseen Occurrences:
Concrete/Blacktop Structures: Additional equipment may be needed for drilling through concrete or blacktop structures. This will be billed at $150/hr with a minimum of 1 hour.
90-Day Same-as-Cash Financing Option
Terms and Conditions
1. Eligibility:
o The 90-Day Same-as-Cash financing option is available to qualified buyers in Oklahoma.
o The offer is valid for purchases made through Asap Tree and Fencing LLC and is subject to credit approval.
2. Financing Terms:
o Zero Percent Interest: No interest will accrue if the total balance is paid in full within 90 days from the date of the invoice.
o Payment Due Date: The full amount of the financed purchase must be paid by the end of the 90-day period to avoid any interest charges.
o Minimum Payment: Minimum monthly payments may be required during the 90-day period. Ensure that you adhere to these payments to remain in good standing.
3. Payment Methods:
o Payments can be made via cash, check, credit card (Mastercard, Visa, Discover), ACH transfer, or other approved electronic methods.
4. Late Payment:
o If the balance is not paid in full within the 90-day period, interest will be applied retroactively from the date of purchase at a standard annual rate of 18%. The interest will be calculated based on the total amount financed.
5. Fees and Charges:
o There are no application fees or prepayment penalties for paying off the balance early.
o Late fees and finance charges will apply if the payment terms are not met.
6. Cancellation:
o If you cancel the contract or fail to meet the financing terms, the 90-Day Same-as-Cash option will be void, and any outstanding balance will accrue interest at the standard annual rate of 18%.
7. Application Process:
o To apply for the 90-Day Same-as-Cash financing, complete the required application form and provide necessary documentation as requested by Asap Tree and Fencing LLC.
o Approval for the financing option is subject to a credit review and other criteria set by Asap Tree and Fencing LLC.
8. Additional Terms:
o The 90-Day Same-as-Cash financing option is only available on select products and services provided by Asap Tree and Fencing LLC.
o This offer cannot be combined with any other promotions or discounts.
o Asap Tree and Fencing LLC reserves the right to modify or terminate this financing offer at its discretion.
9. Contact Information:
o For questions or more information about the 90-Day Same-as-Cash financing option, please contact our office at [405.974.1088] or [beetstreeservice@gmail.com].
By accepting this financing offer, you agree to the terms and conditions outlined above.
Layaway Program Terms and Conditions
Asap Tree and Fencing LLC
1. Eligibility:
o The Layaway Program is available to all customers in Oklahoma purchasing tree or fence services from Asap Tree and Fencing LLC.
o Participation is subject to approval based on the customer’s creditworthiness and other criteria established by Asap Tree and Fencing LLC.
2. Layaway Terms:
o Deposit: A non-refundable deposit of 20% of the total project cost is required to initiate the layaway plan for tree services. Fence installation will require 50% of the total project cost before construction will begin to take place.
o Payment Schedule: The remaining balance must be paid within the agreed-upon term, which can range from six (6) to twelve (12) months, or longer if prior arrangements have been made.
o Interest Rates: Interest will be charged on the remaining balance at an annual rate of 8%, calculated monthly.
o Monthly Payments: The total amount, including interest, will be divided into equal monthly payments. The exact monthly payment amount will be determined based on the remaining balance, term length, and interest rate.
3. Service Commencement:
o Services will not commence until the deposit balance is paid in full.
o The estimated start date for the service will be confirmed upon receipt of the final payment. The project will be scheduled based on the availability of Asap Tree and Fencing LLC’s service team.
4. Cancellation:
o If the customer cancels the layaway plan before completing the payment term, all payments made, including the deposit, will be forfeited.
o Failure to complete the payment plan within the agreed term will result in the cancellation of the layaway agreement, with all payments made, including the deposit, being forfeited.
5. Late Payment:
o A late fee of 5% of the overdue amount will be charged if a payment is not made by the due date.
o Continued late or missed payments may result in termination of the layaway program, with all payments made, including the deposit, being forfeited.
6. Adjustments:
o Any changes to the project scope or cost after the layaway agreement is set may lead to adjustments in the layaway amount and payment schedule. Customers will be notified of any such changes.
o Adjustments to the project must be agreed upon in writing by both parties.
7. Additional Terms:
o The Layaway Program is applicable only for select tree or fence services provided by Asap Tree and Fencing LLC.
o This program cannot be combined with other promotions or discounts.
o Asap Tree and Fencing LLC reserves the right to modify or terminate the layaway program at its discretion.
8. Contact Information:
o For inquiries or further information regarding the Layaway Program, please contact our office at (405) 974-1088 or beetstreeservice@gmail.com.
By enrolling in the Layaway Program, you agree to abide by the terms and conditions outlined above.