These Terms and Conditions apply to all transactions and agreements between Alba Tree Services and its clients.
Definitions;
1. Contractor: Alba Tree Services, representing all staff directly or indirectly employed by the company
2. Client: person commissioning specified works, unless it has been clearly stated that he/she acts on behalf of a third party
3. Quotation: written specification of the works as discussed on site and sent to the client
4. Works: refers to tree surgery, arboricultural advice and liaison with local authorities
5. Contract: agreement between ATS and a client in which the client requires ATS to undertake certain specified works and ATS agrees to do this for a given remuneration
Quotations
6. All quotations and cost estimates are without obligation
7. All quotations are inclusive of GST
8. Quotations are valid for 30 days (unless agreed otherwise) from their date of issue, after which time the contractor is entitled to draw up a new quotation/amend costs
Entering into an agreement, execution of commission
9. The contract takes effect on acceptance by the client, either verbally or in writing, of the quotation submitted by the contractor
10. 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
11. The contractor shall take all necessary steps to ensure that the work site is left clean, tidy and safe on completion of all works
Alteration/withdrawal/end of contract
12. Scheduled works should be cancelled by the client on a 24 hours’ notice basis
13. Costs of any additional works requested by the client falling outside of the original quotation will be specified in an additional quotation
14. The contractor reserves the right to delay or cancel works that: (a) are deemed a potential hazard (b) are affected by inclement/dangerous weather (c) interfere with the safe retention of wildlife habitats (d) are compromised by unforeseen circumstances
15. In the event of a contract being withdrawn by the client after works have commenced, he/she will pay the contractor 75% of the remuneration agreed upon at the start of the contract
16. In the event of a Force majeure, including all exterior causes (foreseen or unforeseen) over which the contractor has no influence and which prevents it from meeting its obligations, the parties will agree to either suspend or annul the contract
17. The contractor’s contractual obligations end upon receipt of a written statement by the client approving the works undertaken. The client’s contractual obligations end upon receipt of the remuneration by the contractor
Liability
18. The contractor is responsible solely for damage that is the direct and demonstrable result of a shortcoming for which the contractor can be held accountable
19. 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
20. 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
21. The client is bound to indemnify the contractor from any claims from third parties arising after completion of the works
Payment
22. The contract price takes into account factors such as site conditions and arrangements with local authorities regarding the safeguarding of the area and manpower required
23. Invoices should be paid on completion of works, unless agreed otherwise.
24. The customer will pay an administration fee on overdue accounts of $25.00 per calendar month as well as interest at Alba Trees discretion. This will be at 2% above the banks current overdraft interest rate.
25. The customer will be liable for all expenses incurred by Alba Trees in
recovering the debt including but not limited to collection agency fee, legal fees and court costs inclusive of the Disputes Tribunal.
Legal system applicable
26. The law of New Zealand applies to all legally binding transactions between the client and the contractor
