Quotations
Quotations are valid for 90 days (3 months), unless otherwise agreed or stated. ArborCare Tree Company NZ Ltd reserves the right to withdraw and re-price the contract if the quotation period expires or circumstances change.
The Contractor
ArborCare agrees to perform the work in a competent manner and in accordance with the scope outlined in the job specification, quotation, or proposal.
Parties
The party who accepts this quote, either verbally or in writing, will be the party liable for payment and will be bound by these Terms and Conditions.
Variations
Any variations to the agreed scope or pricing must be approved by both parties. While verbal agreements may occur onsite to avoid delays, they must be confirmed in writing (e.g., email or text message) as soon as practicable for the variation to be enforceable.
Administration Fee
A $15 administration fee per form may apply where the client requests ArborCare to complete additional documentation (e.g. site-specific safety forms, contractor agreements), subject to prior notice and agreement.
Terms of Payment
Unless otherwise agreed in writing, payment is due within the time stated on the invoice. Failure to pay on time may result in:
– Default Interest: Interest on overdue amounts at a rate of 2% per month (or the maximum rate permitted by law), calculated daily.
– Legal Expenses: Any costs incurred in recovering unpaid debts, including collection fees, disbursements, and legal costs, shall be payable by the client.
Credit Card Payments
Credit card payments are accepted online and will incur a 2.9% transaction fee on the total paid amount.
Insurance
ArborCare holds comprehensive public liability insurance to cover damage to persons or property arising from the performance of this contract.
Reasonable Care
All reasonable steps are taken to perform the work safely. Clients must ensure the worksite is clear of items that could be damaged. ArborCare is not liable for minor or incidental property damage reasonably arising from arboricultural operations.
Safety
All work will follow the current Best Practice Guidelines issued by the New Zealand Arboricultural Association. No unauthorised person may enter the worksite while operations are underway.
Warranties & Complaints
Any concerns regarding workmanship must be notified in writing within seven (7) days of job completion. ArborCare is not responsible for damage caused by natural disasters. Surface marks from tree debris on driveways or hard surfaces typically wash off naturally; if additional protection is requested, this must be arranged in advance and may incur additional cost.
Protected Trees and Consent
It is the client’s responsibility to ensure all required consents are obtained from relevant councils or authorities, unless ArborCare is authorised in writing to manage this on the client’s behalf.
Covenants and Boundaries
Responsibility for checking private covenants, boundaries, and ownership lies with the client. ArborCare accepts no liability for any breach or unauthorised work resulting from incorrect or incomplete information.
Underground Services
Clients must notify ArborCare in writing of any known underground services. While ArborCare will take reasonable care, it is not liable for damage to unmarked or unknown services. Additional charges may apply if underground obstacles (e.g., pipes, sprinklers, concrete pads) impact the work.
Hidden Obstructions
Quotes assume that trees are free from hidden objects (e.g., metal, rocks). ArborCare reserves the right to adjust pricing if such obstructions prevent standard removal or grinding methods.
Concealed Contingencies
Additional charges may apply where work is impacted by foreign material or unknown site conditions not disclosed at the time of quoting.
Lawn Repair
Disturbance to lawn areas will be minimised, but repair is not included unless specified in writing within the job proposal.
Access and Driveways
Clients accept responsibility for access paths and driveways. Heavy machinery may be required to perform the work, and ArborCare will not be liable for any surface damage unless caused by negligence.
Wood and Mulch Ownership
Unless otherwise agreed, all removed wood and mulch remains the property of ArborCare Tree Company NZ Ltd.
Logs / Firewood
“Firewood” refers to logs with a diameter of at least 250mm. Firewood will be removed or left on site as per the quote. Logs smaller than 250mm diameter will not be cut into rings for health and safety reasons.
Stump Removal
Stump removal is excluded unless explicitly stated. Where included, stumps will be ground to 100mm below surface level. Surface roots and grindings will remain on site unless otherwise arranged.
Clean-Up
Clean-up includes removal of wood, branches, and debris, and a general rake-down of affected areas, unless otherwise agreed.
Cancellation Fee
A cancellation fee of 25% of the quoted price may apply if the client cancels the work with less than 12 hours’ notice.
Dispute Resolution
Any dispute regarding this contract shall be referred to arbitration under the **Arbitration Act 1996 (NZ)**. The arbitrator’s decision will be final and binding on both parties.
Privacy Statement
ArborCare Tree Company NZ Ltd will collect and manage personal information in accordance with the Privacy Act 2020. Personal data may be used to assess creditworthiness or enforce contract rights and may be shared with third parties only for these purposes. Clients may request access to or correction of their information at any time.
Definitions
Client: The person, company, authorised agent, or legal entity who accepts ArborCare’s quotation or services and is responsible for payment and compliance with these Terms and Conditions.
Contractor / ArborCare: Refers to ArborCare Tree Company NZ Ltd, including its employees, subcontractors, and authorised representatives.
Services: All arboricultural work and related activities supplied by ArborCare, including (but not limited to) tree felling, pruning, stump grinding, site clean-up, and any consultancy, advice, or reporting provided.
Quote / Quotation / Proposal: A written or verbal offer issued by ArborCare detailing the scope of services and estimated costs, subject to acceptance by the client.
Worksite / Site: The physical location where ArborCare is engaged to perform the agreed services.
Variation: Any change to the agreed scope of work, pricing, or timing after the initial contract or quote has been accepted.
Reasonable Care: The standard of care and diligence that a competent contractor in the arboricultural industry would normally exercise under similar circumstances.
Default Interest: The interest charged on overdue invoices as defined in the Terms of Payment section.
Cancellation Fee: A percentage of the total quoted amount payable by the client if they cancel work within the specified notice period.
Best Practice Guidelines: Refers to the most recent version of safety and performance standards issued by the New Zealand Arboricultural Association or relevant industry body.
Arbitration: A legal method of resolving disputes outside of court, under the Arbitration Act 1996 (NZ), where a neutral third party makes a binding decision.
Privacy Act: The Privacy Act 2020 (NZ), which governs the collection, storage, and use of personal information.
