DS TREES LTD Terms and conditions of contract
The contractor: The contractor agrees to perform work in a competent manner and in compliance with the speccontained in the job spec/quote/price.
Amendments: Amendments to the contract spec and price, must be made in writing and agreed by both parties.
Payment: All contracts are accepted on the basis of full payment on completion of work or within invoice term if agreed prior. Interest maybe charged on any amount owing after the due date at a rate of 2.5% per month. Any expenses, disbursements and legal costs incurred by DS Trees Ltd in the enforcement of any rights contained in this contract shall be paid by the customer, including any reasonable solicitors fees or debt collection fees.
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
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.
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. The customer shall ensure that the contractor has clear and free access to the work site at all times to enable them to undertake the works.
Safety: DS Trees warrants that all arboricultural 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 arboricultural operations unless authorised by the crew leader on-site.
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 days of completion of contract.
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: Unless the exact location of underground pipes, wires or cables, sprinklers or similar has been supplied to us prior to the formation of the contract, the contractor shall be under no liability for any damage caused to them under the contract. The client shall be solely liable for any such damage.
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 authorizing 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.
Insurance cover: All work carried out by the contractor is covered by $2,000,000 public liability insurance for damage to persons or property that may result in the implementation of the contract.
Liability limit: The contractors liability shall be limited to the maximum amount of the spec/quote/price of the contract.
Wood and wood chips: All wood and wood chips 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 and Stump Grindings: 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.
Expiry of spec/quote/price: Three months after date of spec/quote/price, the contractor reserves the right to withdraw and re-price the contract.
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.
Travel Fee: If DS Trees can not gain full access to job site on agreed day and cannot complete job as quoted a travel charge will incur on distance traveled to get to location of site form previous location
Arbitration: Should any dispute arise to the interpretation of the contract, it shall be referred to arbitration in accordance with the Arbitration Act 1908 and its amendments. Any decision of the arbitrator shall be final and binding upon the parties.
Administration fee: An administration fee of $5 per form will be applied if DS Trees are to fill in any extra terms of trade, health and safety forms , site specific methodologies , contractor agreements or the like of.