Terms & Conditions of Contract
Quotations: Are valid for 90 days (3 months), unless otherwise agreed or stated. The contractor reserves the right to withdraw and re-price the contract.
The contractor: The contractor agrees to perform work in a competent manner and in compliance with the spec 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.
Variations: Variations or amendments to the contract spec and price, must be made in writing and agreed by both parties before work commences/resumes.
Administration fee: An administration fee of $15 per form will be applied if DS Trees are required to fill in any extra terms of trade, health and safety forms, site specific methodologies, contractor agreements or the like of.
Terms of Payment: Unless otherwise noted in this proposal, the customer agrees to pay their account in full within the time stated on the invoice.
Failure to remit full payment within the payment terms you will be liable to pay us:
- Default Interest: of 10% per month.
- Legal Expenses: Any expenses including any debt collection fees, disbursements and legal costs incurred by DS Trees in recovering unpaid invoices shall be paid by the client.
Credit Card Payments: Are accepted online, they will incur a 2.9% transaction fee on the total balance paid.
Insurance: DS Trees holds comprehensive public liability insurance for damage to persons or property that may result in the implementation of this contract.
Reasonable Care: We take all reasonable steps that is available to us to do the job in a safe manner. The party who accepts this quote is responsible for keeping our site free from any chattels that could be damaged in the process of our work. The client accepts that minor damage may be an inherent part of the job and we will not be liable for any reasonable damage to property that occurs.
Safety: DS Trees warrants that all arboriculture operations will follow the latest version of the best practice guideline as outlined by the New Zealand Arboriculture Association. The authorising party agrees not to enter the work area during arboriculture operations unless authorised by the crew leader on-site.
Warranty/ Complaints: Any complaints which may arise from work performed under any contract arising from acceptance of the spec/quote/price must be made within seven (7) days of completion of contract. Any fault in workmanship will lead to the client notifying DS Trees in writing, within 7 days of completion. In the event of a natural disaster, DS Trees will not be liable for any damages incurred to completed work or work in progress. Working around hard surfaces, trees may mark surfaces such as driveways, paths & pavers, this normally washes off with rain, DS trees takes no responsibility for damage done to hard surfaces being marked, if required by the client DS Trees will take extra steps to prevent this marking at an extra cost to the client.
Tree preservation and conservation areas: The trees concerned in the contract may be protected by a local or regional authority. Where it is necessary to obtain consents from the relevant authorities, it will be the responsibility of the tree owner, unless DS Trees Ltd is authorised by the owners to carry out this service.
Private covenants and boundaries: Investigation of private covenants and boundaries shall be the responsibility of the client and no liability shall be attached to the contractor for a breach of any such covenant or boundary. The client must obtain written permission from all tree owners prior to DS Trees Ltd commencing work.
Underground services: DS Trees accepts no responsibility for any damages to underground services. The client shall be solely liable for any such damage. DS Trees has the right to charge additional costs for extra work required that occurs due to unforeseen issues arising from not being able to see under the ground i.e., sprinklers, concrete pads etc. Should the client have any knowledge of possible issues they must inform DS Trees in writing prior to commencement of the job.
Hidden obstructions: The spec/quote/price is based on the assumption that the trees are free from metal, stone or other hidden obstructions. In the event of a tree being impossible to fell in the normal manner, the company reserves the right to re-quote accordingly.
Concealed Contingencies: Any additional work or equipment required to complete the work, caused by the authorising party’s failure to make known or caused by previously unknown foreign material in the trunk, the branches, underground, or any other condition not apparent at the time of quoting, shall be paid for by the customer on a time and material basis.
Lawn Repair: DS Trees will attempt to minimise any disturbance to the customer’s lawn. Lawn repairs are not included in the contract price, unless noted otherwise on this proposal.
Access: The tree owner accepts full responsibility for their driveways and paths and understands that to carry out work specified in the contract, it may be necessary to use heavy machinery that could damage driveways and paths. The contractor will not be liable for damage caused to driveways and paths.
Wood and wood chips: All wood and wood chips (mulch) removed from site shall be deemed the property of DS Trees Ltd unless specifically agreed in the terms of the spec/quote/price.
Logs/Firewood: The term “Firewood” refers to logs no smaller than 9” diameter which can be cut into rings, left in log form or removed from site. If firewood or logs are not mentioned in this proposal, they will be removed from site. For health and safety reasons no wood smaller than 9” diameter can be cut into rings.
Stump Removal: Unless otherwise stated, stump removal is not included in the price quoted. Unless otherwise stated stumps that are ground will be taken 100mm below ground level. Grindings from stump removal are left on site unless otherwise arranged. Surface and subsurface roots beyond the stump are not removed unless otherwise stated.
Clean-up: Clean-up shall include removing wood, brush, and clippings, and raking of the area affected by the specified work, unless noted otherwise on this proposal.
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.
- The client permits DS Trees to collect, use and retain information concerning the client, for the purpose of assessing the client’s credit worthiness or to enforce any rights under this contract.
- The client permits DS Trees to disclose information obtained to any person for the purposes set out in I.
“Client” means the person, authorised agent or legal entity described in the application, or stated on the invoice/order form or quote, buying services from DS Trees Ltd.
“Services” shall mean all services supplied by DS Trees to the client and includes any recommendations and advice.