Quotations: All quotes are valid for 90 days unless otherwise agreed or stated. The contractor reserves the right to withdraw and re-price the contract. The contractor agrees to perform the work in a competent manner and in compliance with the scope contained in the job spec/quote/price.

Parties: The party who accepts this quote verbally or in writing will be the party liable to make payment and will be bound by these terms and conditions.

Administration fees: An administration fee of $35 per form will apply where DS Trees is required to complete additional documentation, including but not limited to: extra terms of trade, health and safety form, contractor agreements or the like.

Additional administration fees may apply for more complex or time-intensive documentation requirements, including but not limited to Site-Specific Safety Plans (SSSPs) or similar project-specific documentation. Such work will be charged at a rate of $65 per hour (charged in 30-min increments).

Payment Terms: Unless otherwise stated or agreed, all invoices are payable in full within the timeframe specified on the invoice (24 hours).

For quotes exceeding $3,000, a 50% deposit is required at least 2 days prior to the scheduled start date.

Credit Card Payments: Are accepted online through a third party; they will incur a 2.65% + $0.30 transaction fee on the total balance paid.

Failure to make payment within the stated terms will result in the client being liable for:

·       Default Interest: 10% per month on overdue amounts

·       Recovery Costs: All expenses incurred by DS Trees in recovering unpaid invoices, including debt collection fees, disbursements, and legal costs

Variations: Any variations or amendments to the quoted works due to unforeseen circumstances, site conditions, or client requests may result in additional charges and must be made in writing and agreed by both parties before work commences/resumes.

Scope of work: All works will be carried out as outlined in the accepted quote.

Unless otherwise specified/agreed:

·       All Debris cut is removed from site

·       All wood, logs, and mulch (wood chips) removed from site remain the property of DS Trees.

·       Stump Removal:

o    Stump removal is not included in the tree removal price, unless otherwise listed.

o    Stumps that are ground will be taken 300mm below ground level.

o    Surface and subsurface roots beyond the stump are not removed

o    Grindings from the stump remain on site

·       Firewood/logs will be removed unless stated otherwise

Arboriculture terminology: All tree work will be carried out in accordance with industry best practices and NZ Arboriculture Association guidelines.

All quotes and specifications are written using standard arboricultural terminology. It is the client’s responsibility to seek clarification on any terms or scope of work they do not fully understand prior to acceptance.

DS Trees will not be held liable for any perceived discrepancies or dissatisfaction arising from a client’s misunderstanding or failure to clarify the meaning of quoted works or terminology prior to quote acceptance.

DS Trees reserves the right to amend or refuse specific pruning methods requested by the customer where in the opinion of the lead arborist on site, those methods may compromise the health, structural integrity, or long-term viability of the tree. 

Access, Site Conditions & Surface impact: The client is responsible for ensuring safe and adequate access to the work area and accepts full responsibility for any impact to lawns, driveways, paths, and other surfaces necessary to carry out the contracted works.

The client acknowledges that:

·       Heavy machinery may be required to complete the works

·       Lawns, ground surfaces, driveways, and accessways may be affected as a result

DS Trees will take all reasonable care; however, no liability is accepted for damage to:

·       Lawns, turf or soft ground

·       Driveways, paths or paved surfaces

·       Accessways or surrounding areas required for site access

Surface marking or disturbance may occur during works and will typically resolve naturally overtime unless otherwise agreed.

Additional protection to the ground can be arranged at an additional cost to the client.

Underground Services, Hidden Obstructions & Concealed Conditions: DS Trees accepts no responsibility for damage to underground services. The client shall be solely liable for any such damage.

All quotes are based on conditions visible at the time of quoting. Hi 

The client must:

·       Identify and disclose all underground services in writing prior to works commencing (including but not limited to irrigation systems, cables, pipes, and drainage)

·       Advise DS Trees in writing of any known or suspected underground issues, hazards, or obstructions prior to commencement

Additional costs will apply where:

·       Underground obstructions are encountered

·       Hidden materials affecting operations (including but not limited to metal, stone, or concrete etc.)

·       Previously undisclosed or unknown conditions are discovered, including foreign materials within trunks, branches, or below ground

Any additional work, equipment, or time required as a result of undisclosed information, Concealed or unforeseen conditions, site conditions not apparent at the time of quoting will be charged on a time, equipment and materials basis. Hi 

DS Trees reserves the right to suspend works and re-quote where such conditions prevent the works from being carried out in the normal manner.

Clean-up: Clean-up will include the removal of wood, brush, and clippings, along with raking of the areas affected by the specified works, unless otherwise stated in the quote.

Delays & External Factors: DS Trees shall not be liable for any delays to the commencement or completion of works, nor for any damage to works in progress or completed works, where such delay or damage is caused by events beyond our reasonable control.

This includes, but is not limited to: Severe weather conditions, Natural disasters, Equipment failure, Access restrictions or any other unforeseen circumstances outside of DS Trees’ control

Health & Safety: DS Trees will carry out all arboricultural operations in accordance with the latest industry best practice guidelines, including those set by the New Zealand Arboricultural Association.

The client agrees to:

·       Keep themselves and all other persons clear of the work area during operations

·       Not enter the designated work zone unless authorised by the crew leader on-site

DS Trees accepts no liability for any injury or incident resulting from unauthorised entry into the work area.

Reasonable Care & Site Responsibility: DS Trees will take all reasonable care and practicable steps to carry out the works in a safe and professional manner.

The client is responsible for ensuring the work area is clear of any items that may be damaged during the works, including but not limited to: outdoor furniture, lighting (including decorative and garden lighting), Ornaments and personal property including washing etc.

The client acknowledges that tree work involves inherent risks, and minor or incidental damage may occur as a result of carrying out the works.

To the extent permitted by law, DS Trees accepts no liability for reasonable or unavoidable damage to property occurring during the normal course of operations.

In the event that damage is alleged to have occurred as a result of the works, DS Trees must be notified in writing and given the opportunity to inspect the damage before any repair work is undertaken. DS Trees reserves the right to carry out, arrange, or approve any remedial works. No costs for repairs will be accepted unless prior approval has been obtained from DS Trees.

Tree Ownership, Protection & Planning Requirements: This quote is provided on the basis that the trees subject to the proposed works are not protected beyond those identified in the Auckland Unitary Plan or the relevant Notable Tree Schedule (Schedule 10).

Where trees are subject to protection by a local or regional authority, it is the responsibility of the tree owner to obtain any required consents or approvals, unless DS Trees has been specifically authorised and contracted to arrange these on the client’s behalf.

The client is responsible for:

·       Confirming tree ownership and property boundaries

·       Disclosing any protections or restrictions that may apply, including but not limited to: Property covenants, past or current resource consent conditions, LIM reports, council or planning restrictions etc.

DS Trees accepts no liability for any breaches, fines, penalties, or enforcement actions arising where such protections exist and have not been disclosed prior to the commencement of works.

Warranty/Complaints: Any complaints arising from work carried out under an accepted quote or contract must be submitted to DS Trees in writing within seven (7) days of completion.

Where a concern relates to workmanship, DS Trees requires a quality control inspection to be carried out by the original estimator and/or a lead arborist before any remedial work will be considered.

No remedial work, adjustments, or corrective actions will be undertaken until this inspection has been completed.

Any remedial action, where deemed necessary, will be:

·       Determined at the sole discretion of DS Trees

·       Carried out in accordance with industry best practice

Insurance: DS Trees holds comprehensive public liability insurance for damage to persons or property that may arise during the performance of the contracted works.

Cancellation fee: DS Trees reserves the right to charge a cancellation fee of 25% of the contract if less than 12hrs notice of cancellation is given.

Arbitration: Should any dispute arise to the interpretation of the contract; it shall be referred to arbitration in accordance with the Arbitration Act 1996 and its amendments. Any decision of the arbitrator shall be final and binding upon the parties.

Privacy Act: The client authorises DS Trees to collect, use, and retain personal information for the purposes of:

·       Assessing the client’s creditworthiness

·       Enforcing any rights under this contract

·       The client further authorises DS Trees to disclose such information to third parties where reasonably necessary for these purposes.

Definitions

Client: The person, authorised agent, or legal entity identified in the application, quote, invoice, or order form purchasing services from DS Trees Ltd.

Contractor: DS Trees Ltd.

Services: All services provided by DS Trees, including any associated recommendations or advice.

Firewood: Logs no smaller than approximately 9 inches in diameter. For safety reasons, smaller material will not be cut into rings.