Terms of Service

Acceptance of Terms

By engaging Altura Farm Tree & Bobcat for tree care, land clearing, grading, or related arboriculture and heavy equipment services, you agree to be bound by these Terms of Service. If you do not agree, do not schedule or authorize work. These terms apply to all services performed within Hawaii County, including the districts of Kona, Hilo, Puna, Kau, Hamakua, and Kohala.

Description of Services

Altura Farm Tree & Bobcat provides the following mobile services throughout Hawaii County: tree pruning to ANSI A300 standards, hazardous tree removal with rigging, emergency storm preparation, land clearing and grading using a Bobcat MT120 mini track loader, on-site forestry mulching, soil-sample-based fertilizing, holistic pest management, and invasive species control. All services are performed by a certified arborist operating company-owned equipment. We do not subcontract.

Property Owner Responsibilities

Access and Clearance

The property owner is responsible for providing safe, unobstructed access to the work area. Gates must be unlocked, animals restrained, and pathways cleared of debris, stored equipment, and vehicles prior to our arrival. Failure to provide safe access may result in rescheduling and a trip charge.

Marking Sub-Surface Hazards

The property owner must identify and clearly mark the location of all buried utilities, water lines, irrigation pipes, catchment system plumbing, septic tanks, leach fields, cesspools, buried electrical conduits, propane lines, fiber optic cables, and any other sub-surface infrastructure prior to the commencement of Bobcat machine work, stump grinding, or any ground-engaging operation. Altura Farm Tree & Bobcat is not liable for damage to unmarked or inadequately marked sub-surface installations.

Boundary and Encroachment

The property owner is responsible for confirming property boundaries and securing any necessary neighbor permissions or easement agreements before work begins on or near a property line. We will work to the limits you designate. We are not responsible for boundary disputes arising from owner-provided demarcations.

Permits

Altura Farm Tree & Bobcat manages the application and approval process for all necessary Hawaii County tree removal and land clearing permits. The property owner agrees to provide any documentation or signed authorizations required by Hawaii County Planning Department within the timeframe we specify. Delays in providing permit documentation may extend project timelines.

Terrain and Sub-Surface Conditions

Hawaii County encompasses highly variable terrain and soil profiles. Services are performed with an understanding of the following regional conditions, which may affect equipment operation, scheduling, and project scope:

• Windward zones (Hilo, Puna, Hamakua): Persistent rainfall, saturated clay and volcanic mud soils, and high water tables may delay heavy equipment entry. We reserve the right to reschedule Bobcat work when ground saturation creates unacceptable risk of soil compaction, rutting, or equipment immobilization.
• Leeward zones (Kona, Kohala, Kau): Shallow volcanic rock shelves, lava tube voids, and thin soil profiles over basalt may limit grading depth and stump grinding. The property owner acknowledges that sub-surface rock obstructions are common and may prevent completion of ground-engaging work to initially projected depths.
• Slope and access: Steep terrain, narrow access roads, and soft shoulders may restrict Bobcat MT120 operation. We will assess access during the site visit and advise if the terrain exceeds safe operating parameters for our equipment.

Estimates and Pricing

All estimates are provided free of charge following an in-person site visit. Estimates are valid for 30 days from the date of issue. Pricing is based on the scope of work assessed during the site visit. If previously unidentified conditions are discovered during the course of work, including hidden rot, sub-surface obstructions, undocumented utilities, or protected species, we will pause work and provide a revised estimate before proceeding. We do not provide binding quotes from photographs, phone descriptions, or satellite imagery alone.

Limitation of Liability

To the fullest extent permitted by Hawaii law,Altura Farm Tree & Bobcat shall not be liable for any indirect, incidental, special, or consequential damages arising from the performance of tree care, land clearing, or related services. Our total liability for any claim arising from services performed shall not exceed the total amount paid by the client for the specific project giving rise to the claim.

Altura Farm Tree & Bobcatcarries commercial general liability insurance and workers' compensation coverage as required by the State of Hawaii. Certificates of insurance are available upon request.

Force Majeure

We are not liable for delays or failure to perform caused by events beyond our reasonable control, including but not limited to: hurricanes, tropical storms, tsunami warnings, volcanic activity, flash flooding, wildfire, government order, pandemic, or equipment failure due to conditions not reasonably foreseeable at the time of scheduling.

Dispute Resolution and Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of Hawaii, without regard to its conflict of law principles. Any dispute, claim, or controversy arising from or relating to services performed byAltura Farm Tree & Bobcat shall be brought exclusively in the courts of the Third Judicial Circuit of the State of Hawaii, sitting in Hawaii County. Both parties consent to personal jurisdiction in Hawaii County and waive any objection based on improper venue or forum non conveniens.

Before initiating any formal legal action, the parties agree to make a good-faith attempt to resolve the dispute through direct communication. The complaining party shall provide written notice describing the nature of the dispute, and both parties shall have 30 days from receipt of notice to attempt resolution.

Modification of Terms

We reserve the right to modify these Terms of Service at any time. Updated terms will be posted on this page with a revised effective date. Services scheduled after the effective date of revised terms are governed by the terms in effect at the time of scheduling.

Contact

For questions about these Terms of Service, contact us at alturatree@aol.com or call (808) 767-3145.