Treecraft Aboriculture Limited

Terms and Conditions

1. The Contractor (Treecraft Arboriculture Limited).

The contractor agrees to perform the quoted contract works in accordance to internationally accepted industry standards and/or as stated in the quotation. The customer is defined as the person or organisation responsible for payment for the services supplied by the contractor.

2. Execution.

The contract is deemed to be executed on the customer’s written, electronic or verbal acceptance of the quotation.

3. Amendments.

The Contractor reserves the right to change the methodology of the job due to safety reasons. Amendments to the contract specifications and price will be made in writing and agreed upon by both parties (contractor and customer).

4. Payment.

The customer undertakes to make payment on the day the job is completed, unless otherwise agreed prior to works taking place. Interest may be charged on any amounts owing after the due date at the rate of 2% per month. Any expenses, disbursements and legal costs incurred by Treecraft in the enforcement of any rights contained in this contract, shall be paid by the customer, inclusive of solicitor’s fees and debt collection agency fees.

5. Complaints.

Any complaints related to any contract work carried out must be lodged within the period of seven (7) days of the invoice date.

6. Resource consents, Tree Preservation Orders, Conservation areas, Notable Trees.

Where it is necessary to obtain resource consents or other approvals from the relevant territorial authority, it will remain the responsibility of the customer, unless the contractor agrees to a price for this service as a part of the works to be undertaken.

7. Private Covenants and Boundaries.

Investigations of private covenants and property boundaries shall be the responsibility of the customer and no liability shall be attributed to the contractor for a breach relating to any such covenant or boundary.

8. Underground Services.

Unless a plan showing the exact location of underground pipes, wires, or cables has been forwarded to the contractor by the customer (or their agent) prior to the commencement of the works, the contractor shall be under no liability for any damage caused to such pipes, wires or cables as a result of work performed, or any damage to property resulting therefrom. The customer shall be solely liable for any

such damage.

9. Hidden Obstructions.

Quotations for tree felling are 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 due to hidden obstructions, the company reserves the right to increase the charge in accordance with additional costs incurred.

10. Stump Grinding.

Stump grinding involves the removal of the tree stump to an approximate depth of 150mm, and includes lateral roots. Grindings are to remain on site unless specified otherwise.

11. Insurance Cover.

The contractor has $2,000,000 (2 Million) Public Liability Insurance.

12. Firewood.

If firewood is to remain on site it will be sectioned, but not split unless specifically allowed for in the quotation.

13. Arbitration.

Should any disputes arise as 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.

14. Expiry of Quotation.

All quotations expire 30 days after the date of quotation. After this time, the Contractor reserves the right to withdraw and re-price work, unless otherwise agreed in writing as a part of the original quotation.

15. Cancellation.

The contractor will charge a cancellation fee of 50% of the quotation if less than 24 hours notice of cancellation is provided by the customer.

16. Access.

The customer accepts that in order to access and carry out work specified in the contract, damage could be caused to lawns, driveways and paths by heavy machinery. The contractor will take reasonable care to prevent such damage, but will not accept liability for damage caused.

17. Third Parties.

When the work is being organised for a third party, it is the responsibility of the customer to attain the agreement of the third party to these terms and conditions.

18. Customer Information.

No information obtained from our customers will be passed on to a third party, except when required for a range of lawful purposes connected directly with our business.

19. Payment on Job Completion.

Payment by cash, cheque, bank deposit or credit card is required on the day the job is completed.