TERMS AND CONDITIONS

Central Tree & Stump Removal Terms & Conditions of Engagement

Contractor: Central Tree & Stump Removal (hereafter referred to as “The Company”), including all staff directly or indirectly employed by the company.

Client or Customer meaning: the person commissioning specified works, incloding those acting on behalf of a third party and the third party themselves.

Quotation: meaning the written specification of the works as discussed on site and sent to the client. Once formally accepted, either verbally or in writing it becomes a contract.

Works referring to all tree, surveys services, removal of waste and liaison with local authorities.

Quotations: Quotations are based on services requested at the time of the quotation. Any additional work carried out will incur extra charges on the day.

Contract: Agreement between The Company and a client in which the client requires The Company to undertake certain specified works and the Company agrees to do this for a set fee.

The contract price takes into account factors such as travelling time, expenses, staffing costs, tolls, site conditions, and parking costs.

Power Lines and Telephone Cables: Any charge for the removal, or temporary switching off of power lines or telephone cables will be the responsibility of the owner, unless otherwise agreed in writing with the contractor.

Written Estimates: All Estimates are typed and provided on our company letterhead.

• All quotations and cost estimates are without obligation.
• All quotations are inclusive of GST.
• Quotations are valid for 2 months from their date of issue, with site conditions unchanged, after which time the contractor is entitled to draw up a new quotation and at that time, amend costs.
• The contract takes effect on acceptance by the client, either verbally or in writing, of the quotation submitted by the contractor.

Insurance by Contractor: The Company is insured for liability resulting from injury to person(s) or property and all employees are covered by Workers’ Compensation as required by law. Certificates of coverage are available upon request.

Where Council or relevant authority permission is required, clients must provide all relevant permits.

These are to be available prior to, or on the day of commencement of work.

Failure to show permits may result in work being rescheduled until a permit is made available – this may incur a penalty cost.

Cancellation Fee: The Company kindly requests that the authorizing party provide at least 48 hours advance notice of any full or partial work cancellation for jobs that have been scheduled in advance. If a crew has been dispatched to the job site, the customer will be charged for all expenses incurred on the day and for any reasonable loss of earnings.

Completion of Contract: The Company agrees to do its best to meet any agreed upon performance dates, but shall not be liable in damages or otherwise for delays caused by inclement weather, labour, or any other cause beyond its control; nor shall the customer be relieved of completion for delays.

Fixed Dates/Times: Where the date and/or time for works to be carried out, is agreed by the Company with the Customer, then the Company shall use its best endeavours to ensure that the operation shall attend on the date & at the time agreed. However, the Company accepts no liability in respect of the non attendance or late attendance on site of the company or for the late or non delivery of materials.

• Scheduling of work is subject to weather conditions and may need to be rescheduled accordingly. Clients will be notified of next available booking.
• The contractor also reserves the right to delay or cancel works that: (a) Are deemed a potential hazard (b) Are affected by inclement/dangerous weather (c) Interfering with wildlife/habitats or, (d) Are compromised by unforeseen circumstances.
• When undertaking work, unforeseen circumstances may require workers to leave the job and recommence at the next available time. All attempts will be made to leave the site in an orderly manner.
• Such circumstances may include; staff illness/injury, dangerous or hazardous working conditions/environment, issues with plant/machinery and weather.

Whilst all care will be taken, where trees are in a confined area, it is inevitable that other trees and shrubs may be damaged unless clients make prior arrangements with our service.

Pruning and tree removal operations include disposal of all debris and a thorough clean up, either rake clean or broom clean, whichever is applicable. (This does not include stumps).

Trees for removal will be cut to as close to ground level as reasonably possible, without hitting dirt.

The contractor shall take all necessary steps to ensure that the worksite is left clean, tidy and safe on completion of all works.

When tree-specific circumstances dictate, we may prescribe an alternative method based on experience and knowledge.

Tree Ownership: The authorizing party warrants that all trees listed are located on the customer’s property, and, if not, that the authorizing party has received full permission from the owner to allow The Company to perform the specified work. Should any tree be mistakenly identified as to ownership, the customer agrees to indemnify The Company for any damages or costs incurred from the result thereof.

It is advised that clients advise all neighbours of intended works, as it is not our responsibility to deal with neighbours or conduct conflict resolution where there are neighbourly disputes regarding trees. If matters of such impede on our work schedule, penalty costs may be incurred.

The client is responsible for informing neighbours in the event where works need to be carried out on their tree and which necessitates access to their property.

Safety: Our operations and the services we offer are strongly influenced by the company’s detailed policies, specifically those respecting safety and the environment (these are available on request).

Central Tree & Stump Grinding warrants that all arboricultural operations will follow the latest versions of the Australian Standards industry safety standards pertaining to our services. The authorizing party agrees to not enter the work area during arboricultural operations unless authorized by the crew leader on-site.

All tree care work completed will meet or exceed industry recognized standards.

The contractor commits itself to executing the works to the best of its ability, thereby employing sound professional knowledge, skills and experience, with due regard to the client’s requirements and in compliance with all relevant regulations and standards.

The contractor does not accept liability for any damages to (underground) services that were not advised of by the client prior to commencement of the works.

Minor Damage:

We will not accept responsibility for damage to lawns, ground covers, herbaceous plants (annuals & perennials) and dilapidated structures during removal of large or hazardous trees or during emergency operations.

We will not accept responsibility for damage to in-ground sprinkler systems, installed-in-place ground lighting, or other buries infrastructure located within or close to the work zone associated with large tree removal, deep-root fertilizing or stump grinding operations.

Stump Removal: Unless specified in the proposal, stump removal is not included in the price quoted.

Stump Grinding: Underground services damaged during stump grinding, and found to be non-compliant with Australian Building Code Standards, will not be the responsibility of our service.

Stump grinding may not be able to be conducted on the same day as tree dismantling.

All efforts are made to grind stumps within 3 days.

Stump grinding depth can vary on client’s requests. If the client has not provided information on the depth required then a general depth of 6 inches is carried out.

Depth can also vary on restrictions of area to be grinded, i.e. cables, pipes.

Stump grinding remains are not disposed of unless negotiated prior with our service, incurring an extra cost.

Due to the potential hazards associated with stump grinding operations, we require the client to provide us with written confirmation of the location of buried utilities (including but not limited to gas and hydro), as provided by the utility locating authority, prior to commencement of this work.

Failure to do so will result in the client taking full responsibility for any damaging resulting in hidden utilities and pipes.

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 in estimating the work specified, shall be paid for by the customer on a time and material basis.

The Company is not responsible for damages to underground sprinklers, drain lines, underground cables unless the system(s) are adequately and accurately mapped by the authorizing party and a copy is presented before or at the time the work is performed.

The owner of the land or his / her agent, therefore, shall be solely liable for any such damage.

Driveways/Footpaths: We always attempt to minimize any damage to driveways and footpaths. But in the event that our equipment causes settling, cracking, or other damage to weakened driveways and/or sidewalks, then repairs are not included in the contract price.

Clean-up: Clean-up shall include removing wood, brush, and clippings, and raking of the entire area affected by the specified work, unless noted otherwise on this proposal.

Lawn Damage: We will notify you at start of job if we feel the conditions of the lawn have changed and is not suitable for working on unless permission is given by the owner. We always attempt to minimize all disturbances to lawns. Lawn repairs are not included in the contract price, unless noted otherwise on this proposal.

Hourly Rate: The total charge to the Customer shall consist of the cost of materials [including hired equipment] supplied by the Company, the amount of time spent by the operative in carrying out works (including all reasonable time spent in obtaining materials) charged in accordance with the Company’s current hourly rates. The Customer shall only be charged for the time spent related to the Customer’s work at the agreed rate.

Fixed Price Work: The Company offers a fixed price Estimate/Quote. 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 in estimating the work specified, shall be paid for by the customer on a time and material basis.

Invoices: Invoices are due for payment immediately upon delivery to the Customer. Interest is chargeable on any bill outstanding after 35 days from the date shown on the invoice chargeable at the standard rate (currently 10%). Any part of that invoice which remains unpaid shall incur interest until payment in full is received by the Company. Interest is charged on a daily basis.

Returned Cheque Fee: There will be a $25.00 fee charged for all checks returned to our office for non-sufficient funds.

Unpaid Services: Any services not paid for in a timely manner will result in goods being returned to site. These goods will be unloaded where truck access is suitable. We will not be liable for any restricted access due to the goods being unloaded. Legal cost will still pursue.

Complaints: Complaints that may arise from the work performed under the contract and arising from the acceptance of the estimate must be made in writing within a period of seven days from the date of invoice, unless agreed in writing to the contrary.

Vegetation Protection Orders: If your trees are subject to any protection orders we can apply on your behalf to the relevant authority. Online forms are on our Resources page.

Tree Work Recommendations:

Recommendations for tree work are made purely on tree health and/or aesthetic grounds.

No liability whatsoever for owner or third party health and safety is accepted by the contractor.

Owners of trees have a legal responsibility under The Owner and Occupiers Liability Act to ensure that their trees do not pose a threat to the public and/or other third parties such as visitors.

Where the structural integrity of a tree, which is to be retained, is in question then the advice of an Arboricultural Consultant should be sought.