Terms & Conditions
1. Valid period
Any quote is valid for thirty (30) days.
2. Acceptance
Acceptance will be notified by returning the email (or written document) with confirmation of acceptance for the quote/tender and these terms and conditions.
3. Payment
The customer must make full payment to TreeLine Arbor Care Limited immediately upon completion of works. The customer cannot deduct or withhold any amounts for any reason whatsoever. If the customer does not pay TreeLine Arbor Care Limited in full by the due date then interest is payable on any unpaid amount at the rate of 5% per calendar month (or part thereof) until the calendar month in which actual payment is received (including after any intervening judgment), compounding monthly. Also, the customer must pay to TreeLine Arbor Care Limited any and all costs charges and expenses suffered or incurred by TreeLine Arbor Care Limited connected with enforcing or attempting to enforce TreeLine Arbor Care Limited’s rights and remedies against, or collecting payment from, the customer (including legal costs on a solicitor/client basis as those costs are incurred
4. Cancellation
TreeLine Arbor Care Limited reserve the right to charge a cancellation fee to cover lost time and costs associated with the contract if less than 12 hours notice of cancellation is given. The customer must pay that fee in accordance with the payment terms above.
5. Insurance
TreeLine Arbor Care Limited holds $2,000,000 Public Liability insurance.
6. Health and safety
TreeLine Arbor Care Limited will ensure employees comply with Health and Safety regulations and requirements. All arboricultural operations will follow the New Zealand Arboricultural Association best practice guidelines. The client agrees not to enter the work site during arboricultural operations unless authorised by the crew leader on site.
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7. Complaints
The customer must raise any complaint or dispute about the Services within seven (7) days of the performance of the Services. If the customer does not do so, it has fully accepted the Services and cannot raise any complaint or dispute connected with them. Should any dispute 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.
8. Amendments
Amendments to the contract specification and price must be made in writing and agreed upon by both parties.
9. Stump removal
Unless otherwise stated stump removal is not included in the quoted price. When stump removal is quoted for, stumps will be taken to 100mm below ground level. Unless otherwise arranged, grindings from stump removal are left on site and surface and subsurface roots are not removed.
10. Concealed contingencies
Any additional work or equipment required to complete the work, caused by the client’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 client on a time and materials basis or TreeLine Arbor Care Limited reserves the right to requote.
TreeLine Arbor Care Limited is not responsible for damages to underground services, sprinklers or similar unless the systems are adequately and accurately mapped by the authorising party and a copy is presented prior to work being started.
11. Access
The customer 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 cause damage to their driveways and paths. TreeLine Arbor Care Limited will not be liable for any damages caused to driveways or pathways.
12. Underground Services
Unless a plan showing the exact location of underground pipes, wires, or cables has been forwarded to us by the customer prior to the formation of the contract, TreeLine Arbor Care Limited shall be under no liability for any damage caused as a result of work performed under the contract to such pipes, wires, or cables, or any damage to property resulting there from. The customer shall be solely liable for any such damage. TreeLine Arbor Care Limited will, if required, call Before U Dig for information relevant to the site before commencing work. Associated Before U Dig costs are to be paid by the customer unless otherwise arranged.
13. Limitation
TreeLine Arbor Care Limited’s liability arising from or in connection with providing services to the customer will be limited to:
(a) Reasonable and reasonably foreseeable costs, claims, liabilities, damages or losses directly caused by TreeLine Arbor Care Limited’s actions or omissions; and
(b) Reasonable and reasonably foreseeable indirect, consequential or special loss, loss of profits, loss of contract, loss of opportunity, loss of goodwill, loss of use, however arising, in each case to the extent that policies of insurance held by TreeLine Arbor Care Limited, respond to such losses; and
(c) A maximum total limit under (a) and (b) above of [$2,000,000] in the aggregate.
Nothing in this clause affects your rights (if any) under the Consumer
Guarantees Act 1993, unless you acquire services from TreeLine Arbor Care Limited for the purpose of a business, in which case you agree that the Consumer Guarantees Act 1993 will not apply and acknowledge that it is fair and reasonable that the parties are bound by this provision V.
Without limiting any liability or obligation expressly set out above, TreeLine Arbor Care Limited shall not be liable in connection with any head contract or variation between the customer and a third party unless TreeLine Arbor Care Limited has seen and agreed in writing to those terms.
If either party is found liable to the other (whether in contract, tort or otherwise), and the claiming party has contributed to the loss or damage, then the liable party shall only contribute to the extent of its proportionate liability.
TreeLine Arbor Care Limited responsibilities:
TreeLine Arbor Care Limited will:
Undertake all work in a proper and competent manner and in accordance with any plans/specifications that define the scope of work.
Endeavour to undertake and complete the works in a timely and efficient manner, subject to weather conditions, availability of materials and competing business demands but will not be liable for damages for the delay.
Clean up the work site once the job is completed; this includes removing wood, brush and clippings and raking the area affected by the specified work, unless noted otherwise on the quote provided.
Minimise any disturbance to the client’s lawn, however, lawn repairs are not included in the contract price unless noted on the quote provided for the job.
Client’s responsibilities:
The client will:
Ensure that all trees listed are located on their property, and, if not that full permission in writing, has been granted by the owner to allow TreeLine Arbor Care Limited to perform the specified work.
Indemnify TreeLine Arbor Care Limited for any damages incurred from liability arising from the client’s breach of contract including any liability from its failure to obtain any necessary planning and consent requirements of the territorial authority.
Take responsibility for investigating any private covenants so that no liability is attached to the contractor for breach of a covenant.
Provide TreeLine Arbor Care Limited on request, with copies of documentation for the requirements listed above.