TERMS & CONDITIONS
These Terms and Conditions apply to and form part of every estimate, proposal, invoice, and contract issued by Tree Trunk LLC, dba 2Tree9 (the “Contractor”), unless changed 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 are provided beyond the agreed scope unless confirmed in writing by both parties. Where drawings and written specifications differ, the written specification takes precedence.
Only the services and materials listed in the estimate or invoice are included in the contract price. Any additional work requested by the Client is subject to additional charges. The Client is responsible for obtaining all permits, approvals, and HOA consents before work begins.
2. Estimates and Acceptance
Acceptance of an estimate or invoice forms a binding contract and confirms acceptance of these Terms and Conditions. If the Client requests changes to design, materials, or scope after work begins, the Contractor may issue a revised estimate or change order. Cancellation after acceptance may incur a fee at the Contractor’s discretion, up to 50 percent of the contract total, to cover labor, materials, and administration already committed.
3. Payment Terms
Unless agreed otherwise in writing, a deposit of 75 percent is due before work begins on projects costing less than $5,000 On projects costing more than $5,000, payment terms are 33 percent due upon confirmation to secure a timed schedule, 33 percent due midway through the project, and 34% on completion of the project within 7 days.
A balance unpaid beyond 14 days may incur a 5 percent late fee. The Contractor may suspend work or withhold warranties on any account with an outstanding balance. Larger projects may be split into scheduled progress payments by agreement.
4. Site Conditions
The Client warrants that the property is free of hidden underground obstructions, including pipes, irrigation lines, cables, wiring, pet fences, stumps, or debris. The Contractor is not responsible for damage to unmarked or undisclosed utilities, and any resulting repair is billed at standard rates. The Contractor is not liable for incidental marks on driveways, curbs, or walkways from normal movement of trucks, equipment, or materials unless caused by negligence. Hauling or disposal not listed in the estimate may be billed separately.
5. Delays and Weather
The Contractor will make reasonable efforts to finish within the agreed time frame. Delays caused by weather, supply shortages, or other factors beyond the Contractor’s control are not a breach of contract, and affected work is rescheduled as soon as conditions safely allow.
6. Materials and Ownership
Materials delivered to the site become the Client’s responsibility on delivery, and the Contractor 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 may remove them at completion.
7. Completion and Maintenance
Practical completion is reached when the scope of work has been substantially fulfilled to the agreed specifications, as determined by the Contractor. At that point, responsibility for ongoing maintenance such as watering, mowing, and pruning passes to the Client unless agreed otherwise in writing.
8. Warranties and Plant Guarantee
Warranties are valid only on full payment of the contract amount; an outstanding balance voids all guarantees. All plant material is guaranteed healthy and true to type at installation. If a plant installed by 2Tree9 dies within 60 days, it will be replaced once, subject to availability and season. Replacement is limited to the original invoiced plant value and does not include labor or delivery unless agreed.
All warranty coverage requires an operational irrigation system delivering adequate water directly to the plants; hand watering or lawn sprinklers alone do not qualify. The warranty does not cover loss from neglect, overwatering, pests, disease, improper pruning, mechanical or chemical damage, flooding, drought, freeze, or other natural causes. Sod is not guaranteed, as survival depends on watering, sunlight of at least 5 to 6 hours daily, and pest and fungus prevention beyond the Contractor’s control.
9. Liability
The Contractor maintains general liability and workers compensation insurance. The Contractor is not responsible for indirect or consequential damages, and total liability is limited to the value of the contract.
10. Governing Law and Dispute Resolution
This agreement is governed by the laws of the State of Florida. Any dispute not resolved through discussion will be submitted to mediation or arbitration in Lee or Collier County, Florida.
Last updated: Jan 2026
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