BIOTREE PLANT HEALTH CARE LLC

PLANT HEALTH CARE SERVICE TERMS & CONDITIONS

Last Updated: October 26, 2026

These Service Terms & Conditions apply to the plant health care services described in the accompanying written proposal or service agreement (“Proposal”) issued by BioTree Plant Health Care LLC (“BioTree,” “we,” “us,” or “our”) to the customer identified in that Proposal (“Customer”).

The Proposal and these Service Terms & Conditions are intended to be read together. The specific services, plants or areas covered, pricing, and any special conditions will be stated in the Proposal.

1. Scope of Services and Authorization

BioTree will perform only the services specifically identified in the accepted Proposal.

The Proposal may identify particular trees, shrubs, plant beds, turf areas, pests, diseases, soil conditions, or other plant health care needs. Unless expressly included, the Proposal does not cover tree removal, tree pruning, emergency work, landscaping construction, irrigation repair, soil remediation, or other services outside the stated scope.

A recommendation, inspection, or estimate does not authorize additional work. Additional services or charges require the Customer's authorization, documented in writing or another mutually agreed record, except where otherwise permitted by law.

The Customer confirms that they are the property owner or are authorized to approve the work on behalf of the property owner.

2. Treatment Recommendations and Plant Health Care Outcomes

Plant health care involves living organisms and environmental conditions that cannot be fully controlled. BioTree will perform the agreed services with reasonable professional care and in accordance with applicable law and product-label requirements.

Treatment results may vary based on:

- Existing plant health, age, species, and stress.

- Pest or disease severity and life cycle.

- Weather, temperature, rainfall, and other environmental conditions.

- Soil composition, drainage, watering, and root conditions.

- Prior chemical treatments, construction, mechanical injury, or other site conditions.

- Factors outside BioTree's reasonable control.

Unless the Proposal expressly provides a specific written warranty, BioTree does not guarantee plant survival, complete pest elimination, a particular degree of improvement, a specific recovery period, or the prevention of future pest or disease activity.

A treatment may reduce symptoms or pest pressure without eliminating the underlying condition. Some conditions may be irreversible or may require repeated treatments, monitoring, cultural changes, or services outside the original Proposal.

BioTree will not be responsible for outcomes caused by factors outside its reasonable control. This provision does not excuse BioTree from responsibility for its own failure to perform the agreed services with reasonable professional care or from any obligation imposed by law.

3. Pricing, Estimates, and Payment

The Customer agrees to pay the price stated in the accepted Proposal for the authorized services.

The Proposal will state the applicable pricing, payment terms, and any deposit or installment schedule. If no different payment period is expressly stated, invoices are due upon completion.

Additional services, additional visits, or changes to the original scope may result in additional charges only after authorization by the Customer, unless applicable law permits otherwise.

BioTree will identify any applicable taxes, fees, or other charges in the Proposal or invoice as appropriate.

Any late fee, returned-payment charge, collection cost, or interest charge must be disclosed in the Proposal or otherwise agreed in writing and must be permitted by applicable law. BioTree will not impose an undisclosed fee.

The Customer may dispute an invoice by notifying BioTree promptly and identifying the disputed item. The parties will make a good-faith effort to resolve the issue. Any undisputed amount remains payable in accordance with the agreed payment terms, subject to applicable law.

4. Scheduling, Weather, and Rescheduling

Service dates and times are estimates unless the Proposal expressly guarantees a specific appointment.

BioTree may reschedule work when weather, wind, temperature, precipitation, site conditions, product-label restrictions, equipment availability, safety considerations, or other circumstances make the scheduled treatment impractical or inappropriate.

BioTree will make reasonable efforts to notify the Customer of material scheduling changes and arrange another suitable service date.

Seasonal timing can affect treatment effectiveness. If conditions change and the originally proposed treatment is no longer appropriate, BioTree may recommend a revised schedule or treatment plan. Any material change in scope or price requires Customer authorization.

5. Property Access and Site Conditions

The Customer will provide safe and reasonable access to the agreed treatment areas at the scheduled time.

The Customer should identify access restrictions, locked gates, underground utilities, irrigation components, invisible fencing, sensitive landscape features, and known site hazards that could affect the work.

The Customer must disclose known conditions that may materially affect treatment safety or effectiveness, including recent pesticide applications, plant sensitivities, nearby sensitive areas, and relevant watering or soil conditions.

If BioTree cannot safely access or treat the authorized area, BioTree may postpone or decline that portion of the work and discuss rescheduling with the Customer. Any additional charge must be consistent with the Proposal or separately authorized.

BioTree is not responsible for damage caused by undisclosed or concealed site conditions that BioTree could not reasonably identify, except to the extent the damage results from BioTree's own failure to exercise reasonable professional care.

6. Customer Responsibilities After Treatment

The Customer agrees to follow the aftercare instructions provided for the specific treatment.

Depending on the service, these instructions may include watering recommendations, restrictions on irrigation, access limitations, keeping people or pets away from treated areas for the required period, and other precautions specified by the product label or applicable law.

The Customer must not disregard label requirements or written safety instructions. Where the applicable product label or law requires a particular restriction or waiting period, that requirement controls over any inconsistent general instruction.

The Customer should notify BioTree if they observe an unexpected plant response, suspected treatment issue, or other condition that may warrant follow-up.

BioTree cannot guarantee results when required aftercare instructions are not followed or when site conditions materially undermine the treatment. This does not eliminate any responsibility BioTree has under applicable law.

7. Pesticide Applications and Regulatory Compliance

Where a service involves pesticide application, BioTree will use products and application methods appropriate to the authorized work and will comply with applicable pesticide laws, regulations, and product-label requirements.

The specific product, application method, and treatment details may vary based on the site, target pest, environmental conditions, and applicable label directions.

The Customer acknowledges that pesticide use may be subject to label restrictions, required notifications, recordkeeping, and other regulatory obligations. BioTree will make required disclosures and notifications for which it is responsible under applicable law.

Where applicable, BioTree will follow Pennsylvania requirements concerning qualifying requests for advance notification of certain ornamental or turf pesticide applications to neighboring properties. A Customer who wishes to request such notification for an eligible neighboring property should submit the required written information to BioTree.

The Customer may request available pesticide label information or treatment details by contacting BioTree. Any statutory deadline or requirement governing access to labels or treatment records will be followed where applicable.

Nothing in these Service Terms authorizes an application that is inconsistent with a pesticide label or applicable law. If the Customer requests work that BioTree determines cannot lawfully or safely be performed, BioTree may decline or postpone that work.

8. Pets, People, and Sensitive Areas

Before work begins, the Customer should identify areas requiring special attention, including vegetable gardens, edible plants, ponds, water features, beehives, play areas, pet areas, and other sensitive locations.

The Customer is responsible for informing household members, occupants, and other persons under the Customer's control about treatment instructions communicated by BioTree.

BioTree will follow applicable product-label requirements and provide any required safety instructions. The Customer must follow those instructions and must not allow access to treated areas contrary to applicable restrictions.

No provision in this section shifts BioTree's legal responsibilities to the Customer.

9. Existing Plant Conditions and Other Influences

The Customer understands that plant problems may arise from multiple causes, including pre-existing disease, insect activity, drought, excessive moisture, poor drainage, soil compaction, root damage, construction, mechanical injury, improper planting, nutrient imbalance, and prior treatments.

BioTree's assessment is based on the information available and the conditions reasonably observable at the time of service. Not every underlying condition can be detected during an ordinary visit.

Unless expressly included in the Proposal, services do not include laboratory testing, root excavation, destructive testing, engineering assessments, soil testing, or an independent evaluation by another specialist.

BioTree will communicate material findings and recommendations within the scope of the service performed. Additional diagnostic work or corrective services may require a separate Proposal.

10. Follow-Up Visits and Additional Treatments

A follow-up visit, retreatment, or monitoring visit is included only when expressly stated in the Proposal or a separate written agreement.

A recommendation for additional treatment does not mean the original service was defective. Some pests, diseases, and plant conditions require repeated treatments or monitoring due to their life cycles, severity, or environmental conditions.

If the Proposal includes a retreatment commitment or service warranty, its specific conditions, duration, and exclusions must be stated in writing.

11. Cancellations and Changes to Service

The Customer should provide reasonable advance notice if they need to cancel or reschedule a scheduled visit.

Any cancellation fee, deposit, or charge for reserved time or materials must be stated in the Proposal, be reasonable and legally permissible, and reflect the applicable circumstances.

BioTree may suspend or reschedule services for unsafe conditions, lack of access, nonpayment, regulatory restrictions, or other material reasons after providing reasonable notice where practicable.

Either party may terminate an ongoing service program in accordance with the Proposal and applicable law. The Customer remains responsible for authorized services already performed and any other amounts lawfully due under the agreement.

Nothing in this section waives a statutory right to cancel a contract, including any mandatory consumer cancellation right that applies to the transaction.

12. Complaints and Service Concerns

If the Customer has a concern about the work, the Customer should contact BioTree at 484-254-6920 or [info@biotreephc.com](mailto\:info@biotreephc.com) and describe the issue, the affected plants or areas, and the approximate date the issue was observed.

Where reasonably practicable, the Customer should provide photographs and allow BioTree a reasonable opportunity to inspect the affected area before corrective work is performed by another provider.

BioTree will review concerns in good faith and determine whether an inspection, explanation, corrective action, or other response is appropriate under the Proposal and applicable law.

This process is intended to encourage prompt resolution. It does not require the Customer to waive legal rights, delay emergency measures, or comply with a requirement that would be unenforceable under applicable law.

13. Liability and Responsibility

Each party remains responsible for its own acts and omissions as required by applicable law.

BioTree is not responsible for conditions or losses caused solely by factors outside its reasonable control, including pre-existing plant decline, undisclosed site hazards, weather, or a Customer's failure to follow required instructions, except to the extent BioTree's own conduct contributes to the loss.

Nothing in these Service Terms excludes or limits liability for fraud, willful misconduct, negligence, personal injury, property damage, violations of law, or other matters to the extent such liability cannot lawfully be excluded or limited.

No limitation in these Service Terms overrides an express written warranty or mandatory consumer protection right that applies to the services.

Any specific liability cap, consequential-damage exclusion, or other allocation of risk must be separately and clearly stated in the Proposal or an applicable written agreement and must be enforceable under Pennsylvania law.

14. Insurance and Credentials

BioTree will maintain the licenses, certifications, and insurance required by applicable law for the services it performs.

Upon reasonable request, BioTree can provide available information concerning applicable business licensing, applicator credentials, and insurance coverage.

The Customer should not interpret a reference to a professional credential as a guarantee of a particular treatment outcome.

15. Photographs and Records

BioTree may maintain service records and treatment-related photographs for legitimate business purposes, including documenting site conditions, services performed, treatment recommendations, and customer communications, subject to applicable law and our Privacy Policy.

BioTree will not use identifiable photographs of the Customer's property for public marketing purposes where consent is required unless that consent has been obtained.

The Customer should not assume that photographs or observations replace formal diagnostic testing or a separate written report.

16. Disputes and Governing Law

The parties will make a good-faith effort to resolve service-related concerns through direct communication.

These Service Terms are governed by Pennsylvania law, subject to applicable federal law and any mandatory consumer protections.

Any court proceeding must be brought in a court with proper jurisdiction and venue under applicable law. Nothing in this section requires the Customer to waive a statutory right, an available consumer remedy, or a right that cannot legally be waived.

17. Entire Agreement and Amendments

The accepted Proposal, these Service Terms, and any written attachments expressly incorporated into the Proposal form the agreement for the services described in that Proposal, subject to mandatory legal requirements.

If the Proposal contains a specific term that conflicts with these general Service Terms, the specific Proposal term controls only to the extent it clearly addresses the same subject and is legally enforceable.

Any material change to the scope, price, or treatment plan must be authorized by the Customer and documented in writing or another mutually agreed record.

No amendment to these Service Terms will retroactively alter an existing agreement without the parties' agreement or another lawful basis.

18. Severability

If any provision is found invalid or unenforceable, it will be limited or severed to the minimum extent necessary, and the remaining provisions will continue to apply to the extent permitted by law.

19. Contact Information

BioTree Plant Health Care LLC

Phone: 484-254-6920

Email: info@biotreephc.com

By accepting a proposal, authorizing services, or proceeding with work, the customer agrees to the applicable terms, subject to applicable law and the terms of the accepted agreement.