Terms and Conditions

The following Terms and Conditions apply to and form part of all estimates, proposals, and invoices issued by Tree Trunk, LLC, dba as Tree Trunk Landscapes (“the Contractor”) unless specifically modified or excluded in writing.

1. Scope of Work

The Contractor agrees to perform the landscaping work described in the approved estimate, proposal, or invoice in a professional and workmanlike manner. No additional services shall be provided beyond the agreed scope unless confirmed in writing by both parties. In the event of a discrepancy between drawings and specifications, the written specification shall take precedence.

The contract documents include the accepted estimate or invoice, specifications, drawings, and any other referenced documents. No conditions or qualifications submitted by the Client shall form part of the agreement unless expressly accepted in writing by the Contractor.

Only the services and materials specifically listed in the estimate or invoice are included in the contract price. Any additional work requested by the Client will be subject to additional charges.

The Client is responsible for obtaining all necessary permits, approvals, and compliance with local ordinances or HOA requirements prior to the commencement of work.

2. Estimates & Contract Acceptance

Acceptance of the Contractor’s estimate or invoice constitutes acceptance of these Terms and Conditions and forms a legally binding contract between the parties.

Should the Client request any changes to design, materials, or scope after work has begun, the Contractor reserves the right to issue a revised estimate or change order reflecting additional costs or time required.

Cancellations by the Client after acceptance may result in a cancellation fee at the Contractor’s discretion, up to a maximum of 50% of the total contract amount, to cover labor, materials, and administrative costs incurred.

3. Payment Terms

The Client agrees to pay the total contract amount, including applicable taxes, as specified in the estimate or invoice.

Unless otherwise agreed in writing, a deposit of 50% of the contract total is due prior to the commencement of work. Payment of 25% is due at mid-project or upon substantial delivery of materials, and the remaining balance of 25% due immediately upon project completion.

Larger contracts may be divided into scheduled progress payments (“draws”) as agreed between the Contractor and Client.

Payments are due upon receipt of invoice. Late payments beyond 14 days may incur a 5% late fee.

The Contractor reserves the right to suspend services or withhold warranties on any account with an outstanding balance.

4. Site Conditions

The Client warrants that the property is free from hidden underground obstructions, including but not limited to pipes, irrigation lines, cables, electrical wiring, pet fences, tree stumps, or debris.

The Contractor is not responsible for damage to unmarked or undisclosed utilities or underground features. Any repair work required due to such discoveries will be billed at standard rates.

The Contractor is not liable for incidental damage to driveways, curbs, or walkways resulting from the normal movement of trucks, equipment, or materials unless caused by negligence.

Any hauling or disposal of debris not specified in the estimate may be billed separately.

5. Delays & Weather

The Contractor will make all reasonable efforts to complete work within the agreed time frame. However, delays caused by weather, supply shortages, or other factors beyond the Contractor’s control do not constitute a breach of contract.

Work affected by adverse weather will be rescheduled as soon as conditions safely allow.

6. Materials & Ownership

Materials delivered to the job site become the responsibility of the Client upon delivery. Tree Trunk Landscapes assumes no liability for theft, damage, or loss once materials are on site.

Any excess or unused materials remain the property of the Contractor, who retains the right to remove them from the site at completion.

7. Completion & Maintenance

Upon practical completion of the contracted work, responsibility for maintenance (watering, mowing, pruning, etc.) transfers to the Client unless otherwise agreed in writing.

“Practical completion” shall be determined by the Contractor when the scope of work has been substantially fulfilled according to the agreed specifications.

8. Warranties & Plant Material Guarantee

Tree Trunk Landscapes takes pride in providing quality workmanship and customer satisfaction. The following warranty terms apply:

Warranties are valid only upon full payment of the contract amount. Outstanding balances void all guarantees.

All plant material is guaranteed to be healthy and true to type at the time of installation. If any plant installed by Tree Trunk Landscapes dies within 90 days of installation, it will be replaced once, subject to availability and seasonal conditions.

Replacements are limited to the plant’s original invoiced value and do not include labor, delivery, or any other associated costs unless otherwise agreed.

All warranty coverage requires an operational irrigation system providing adequate water directly to planted material. Hand watering or reliance solely on lawn sprinklers does not qualify as sufficient irrigation.

The warranty does not cover losses due to neglect, overwatering, pests, disease, improper pruning, mechanical damage, chemical exposure, flooding, drought, freeze damage, or other natural causes beyond the Contractor’s control.

Sod installations are not guaranteed, as survival depends on watering, sunlight, and maintenance beyond the Contractor’s control. Sod requires a minimum of 5–6 hours of direct sunlight per day, proper irrigation, and pest/fungus prevention.

The Client acknowledges that delivery equipment may cause minor surface markings or indentations on driveways or walkways; Tree Trunk Landscapes is not responsible for such cosmetic damage.

9. Liability

Tree Trunk LLC maintains general liability and workers’ compensation insurance. The Contractor shall not be responsible for indirect or consequential damages and limits total liability to the value of the contract.

10. Governing Law & Dispute Resolution

This agreement shall be governed by the laws of the State of Florida. Any dispute not resolved through mutual discussion shall be submitted to mediation or arbitration in Lee or Collier County, Florida.