Asap Tree and Fencing LLC — Complete Terms and Conditions

Office Location: 104 Lone Oak Cir., Shawnee, OK, 74804

Phone: 405.974.1088 | Email: beetstreeservice@gmail.com

1. Incorporation of Terms & Digital Acceptance

• Digital Acceptance & Signature: In compliance with applicable electronic signature laws, the Customer agrees that clicking the "Accept" button, digitally signing, or otherwise electronically approving the digital estimate/proposal provided by Asap Tree and Fencing LLC constitutes a legally binding electronic signature. This carries the exact same legal force, effect, and intent as a handwritten physical signature.

• Public Availability: These complete Terms and Conditions, along with any applicable financing, layaway, or specialized program disclosures, are maintained and available for public review on the official Asap Tree and Fencing LLC website and our Google Business Listing.

2. General Payment Terms & Deposits

• Down Payments: A 50% down payment is required to initiate work or order special materials.

• Final Balance: The remaining balance is due immediately upon substantial completion of the job. Substantial completion is defined as when the project or a portion thereof is fit for its intended use.

• Accepted Payment Methods: Cash, check (a 5% discount is available for payment by cash), Mastercard, Visa, Discover, ACH, or other electronic payments.

• Late Fees: 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 & Third-Party Payments: Financing options are available to qualified buyers including a 0% interest, 90-day same-as-cash option. This contract is not contingent on payment from an insurance policy or third-party liability; the consumer is solely responsible for payment.

• Temporary Fencing & Special Orders: Temporary fencing (post-driven and panel setups) must be paid for in full before installation. Once fulfillment ends, rentals bill monthly. Special orders (aluminum, PVC, steel) require full payment upfront; no refunds will be provided if work is canceled.

3. Project Execution, Alterations, & Liabilities

• Alterations & Delays: If the contract is altered after the installation crew arrives, there will be a $175.00 per hour charge for time lost. Cancellations result in the forfeiture of the 50% down payment. Weather conditions and peak seasons may affect scheduling.

• Utilities & Property Lines:

  • Public Utilities: Asap Tree and Fencing LLC will contact major public utilities (cable, electric, gas, water, phone) to have them marked prior to installation. Additional charges apply for HydroVac services if digging within 30 inches of a public utility.

  • Private Utilities: Customers are entirely responsible for locating, marking, and protecting private underground utilities (sprinkler lines, outbuilding feeds, gas lines, septic fields, buried tanks). Asap Tree and Fencing LLC is not responsible for damage to unmarked private utilities.

  • Property Lines: Customers must locate their property lines prior to installation (a certified stake survey is highly recommended). Plot plans and location reports are approximate and not guarantees of true property lines. City/county ordinances, building permits, HOA approvals, and variances are the homeowner's responsibility.

• Grade, Materials, & Cleanup: Due to varying grades, fences may not be perfectly straight or level; gap filling is the owner's responsibility. Wood naturally splits, cracks, twists, or varies in color; no warranty covers natural wood characteristics. Post-hole dirt is the customer's disposal responsibility unless an extra fee is agreed upon. Debris from tree services will be cleaned up daily.

• Unforeseen Circumstances: Unforeseen issues (unmarked utilities, roots, concrete pads) may lead to additional expenses and delays. Drilling through concrete/blacktop structures requires additional equipment billed at $150/hour (1-hour minimum).

4. Homeowner Safety & Responsibilities

• Ownership: The Customer warrants that all trees or fence lines listed are on their property or that they have received full written permission from the property owner.

• Customer Safety & Access: Customers agree not to enter the active work area during services unless authorized by the onsite crew supervisor. Customers are responsible for removing all personal property from the worksite in advance.

• Liability for Unknown Hazards: The customer will be liable for damages resulting from a failure to report underground hazards, structures, or personal property not made known during the estimate process.

5. Company Responsibilities & Warranties

• Limited Lifetime Craftsmanship Warranty: Asap Tree and Fencing LLC offers a Lifetime Craftsmanship Warranty on all installed fence products (excluding natural product characteristics, misuse, modifications, or prior repairs). To maintain the warranty, our company fence sign must remain attached to the fence; removing it voids the warranty.

• Mechanic’s Lien: In accordance with Oklahoma’s Mechanic's Lien Act, if payment is not made for work or materials, a mechanic’s lien may be recorded against the property and all improvements thereon.

• Media Release: The Customer grants Asap Tree and Fencing LLC the right to use project photos, audio, and video for promotional purposes without compensation.

6. Waivers, Indemnification, & Dispute Resolution

• Waiver of Subrogation & Hold Harmless: Customers agree to waive all subrogation rights against Asap Tree and Fencing LLC, its subcontractors, and employees. Customers agree to indemnify and hold the company harmless from any third-party claims, property damage, or business interruption arising from negligent acts or omissions, excluding causes beyond reasonable control ("Acts of God").

• Alternative Dispute Resolution & Statute of Limitations: Customers agree not to bring any lawsuit or legal proceeding against Asap Tree and Fencing LLC more than one year after an incident occurs. Any lawsuit must be preceded by 30 days written notice and an opportunity to cure.

• Arbitration: Any disputes regarding installation, permits, workmanship, or services will be resolved exclusively through binding arbitration.

• Severability: If any part of this agreement is found to be illegal or unenforceable, the remaining provisions will remain in full effect.

7. Program-Specific Terms & Conditions

A. 90-Day Same-As-Cash Financing Option

• Eligibility & Terms: Available to qualified buyers in Oklahoma upon credit approval. No interest will accrue if the total balance is paid in full within 90 days from the invoice date. Minimum monthly payments may be required.

• Default: If the balance is not paid within the 90-day period, interest will be applied retroactively from the purchase date at a standard annual rate of 18%. No prepayment penalties apply.

B. Layaway Program Terms

• Deposits & Schedule: Requires a non-refundable 20% deposit for tree services or 50% for fence construction. Remaining balances are split into monthly terms ranging from 6 to 12 months with an 8% annual interest rate calculated monthly.

• Default: Missed payments incur a 5% late fee. Continued late or missed payments result in termination of the layaway program and forfeiture of all prior payments made.

C. Home Equity Line of Credit (HELOC) Guidelines

• Rates & Limits: Variable APR ranges from 7.45% to 12.95% (subject to change monthly; minimum 3.00%, maximum 14.00% or as permitted by law). Borrowing limits reach up to 100% of the home's appraised value minus the first mortgage. Property must be owner-occupied in Oklahoma. Typical closing costs range from $714 to $971 plus a $150 processing fee.