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Terms and Conditions of Trade

Definitions

  • Client/Customer means any party engaging, or proposing to engage, the services of Assurance Trees Pty Ltd, either verbally or in writing, and has the same meaning as buyer, customer, consumer or purchaser.
  • Scope of Works means the specific tasks to be undertaken as part of the proposal, and for the price stated.
  • Inclusions is an item that is included but may not be stated in Scope of Works.
  • Exclusions is an item specifically not covered in the Scope of Works.
  • Assumptions is an item that has been factored into the Scope of Works without checking specifically about the item.
  • Variation/Extra is a change to the scope of works and is charged at the applicable rate as an additional cost to the original contract and is payable upon completion by the client.
  • Claim means any claim, demand, action or proceeding
  • Quotation is a written or verbal specification of the works as discussed with the client and becomes the contract once the client agrees to the quotation.
  • Contract means the contract between Assurance Trees Pty Ltd and the client for or in relation to the sale and purchase or goods or services.
  • Dead-Wooding is the removal of all major dead wood in the tree.
  • Trimming usually refers to hedging and shrubs both evergreen and deciduous: being the pruning back to flatten off or round off growth to contain spread and maintain control/optimum visual appearance and shape.
  • Crown Lift being the complete removal of the lowest branches to the main trunk and/or the reducing back in length of lowest branches thus increasing the height of the main crown line above ground level. Usually expressed in metres.
  • Crown Thinning is the removal of all branches as in ‘Clean out crown’ and the removal of further smaller diameter branches evenly throughout crown to lessen the crown density and thus improve light through the tree. Crown thinning will not result in any major alteration in the outline of the tree. Usually expressed as a percentage.
  • Crown Reduction is the all-round reduction of the crown size of the tree (not the trees’ overall height) unless otherwise specified. Usually expressed as a percentage. In some cases, only partial crown reduction is specified to clear buildings, street furniture etc. Usually expressed in metres.
  • Pollarding is the removal of all growth back to main trunk or trunk knuckles, unless otherwise specified.
  • Fell or fall is the controlled cutting down of the tree as near to ground or surrounding soil level as possible, leaving a stump.
  • Stump Grinding is the grinding down of the main stump at or near ground level to a specified depth with a Stump Grinder. It does not include the removal of lateral root or stump chippings unless specified. A standard depth of 150mm below surrounding ground level is standard unless specified otherwise
  • Dig out Stump/Remove Stump is the physical /manual digging out of a stump and its root system. Usually applies to smaller trees.
  • Treat Stump being the poisoning of the stump at ground level following felling work effectively to prevent the tree from re-sprouting.

Agreement

  • In engaging Assurance Trees Pty Ltd for the performance of any work, or for the supply of any products, materials or goods, the Client acknowledges acceptance of the associated costs and charges and agrees to make payment for such under the terms for payment set out herein. The Client acknowledges that it has represented an ability to pay for the work to be completed within 14 days of invoice date.
  • The waiver or breach by Assurance Trees Pty Ltd of any term of the contract shall not constitute a waiver or breach of any other term of the contract.
  • In the absence of a written agreement between the Client and Assurance Trees Pty Ltd detailing a fixed scope of work and an associated fixed price for the provision of materials, products, goods or services by Assurance Trees Pty Ltd, the cost for such shall be borne by the Client on a do and charge basis under the agreed pricing structure or schedule or rates provided to the client.
  • These terms and conditions shall without further notice apply to all future transactions between Assurance Trees Pty Ltd and the Client in relation to the sale and purchase of goods and services, whether or not this document is delivered or executed in the course of the transaction.
  • For the avoidance of doubt, none of the terms and conditions contained in any document or other instrument supplied by or on behalf of the Client (including without limiting the foregoing those included in any purchase order or like document from the Client) shall apply to or form part of the contract, except and to the extent otherwise agreed in writing by Assurance Trees Pty Ltd.

Service Standards

  • All work is conducted in accordance with the latest version of the Assurance Trees Pty Ltd WHSE&Q Policy.
  • Any services that are not present on a Dial Before You Dig search are the client’s responsibility. Assurance Trees takes no responsibility for damage to any services where the client has not specifically informed us they are present.
  • All work conducted by any employee of Assurance Trees Pty Ltd are covered under our Public Liability Insurance and Workers Compensation Insurance
  • All work conducted by a contractor of Assurance Trees Pty Ltd are covered by their own insurances and are not considered direct employees of Assurance Trees Pty Ltd.
  • Any professional advice given by an employee that holds an AQF5 level qualification in Arboriculture and is considered a consultant is covered under our Professional Indemnity Insurance.
  • 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 Assurance Trees Pty Ltd to perform the specified work. Should any tree be mistakenly identified as to ownership, the customer agrees to indemnify Assurance Trees Pty Ltd 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.
  • The client is responsible for all approvals relating to access to the site by Assurance Trees Pty Ltd to conduct the works. Charges will apply for any delays because of access restrictions.
  • All approvals required under local, state or federal laws for the removal, clearing, pruning of any tree(s) are the sole responsibility of the client. Assurance Trees Pty Ltd is not responsible for obtaining approvals from authorities unless specifically stated in the contract scope of works.
  • Cancellation fees will be charged to any full or partial cancellation of services by the client unless 24hours notice has been given. A charge of $165 incl gst will be charged if a cancellation is made with less than 24hours notice. Excluding cancellations made due to inclement weather.
  • Assurance Trees Pty Ltd can cancel any work at any time, without penalty due to:
    • Poor weather conditions
    • Wildlife/habitat
    • Works have been deemed dangerous
    • Unforeseen circumstances; illness, damaged equipment & environment
  • All pruning is conducted in accordance with AS4373 unless specifically required under the guidance of an AQF5 arborist.
  • At no time during an operation is the client able to physically assist, or instruct any person to perform work within the work area that is not specifically authorised by Assurance Trees Pty Ltd.
  • Unless specifically stated the removal of stumps by any means is not included in any scope of works.
  • 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 150mm 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.
  • Assurance Trees Pty Ltd are not responsible for cracks, weakening, sinking or any other damage cause to driveways, footpaths or hardscape where machinery or plant access was required as part of the methodology to complete the works. Repairs to damaged hardscapes can be arranged at an extra cost.
  • Assurance Trees Pty Ltd 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.
  • 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.
  • Any complaints about works conducted must be made in writing to Assurance Trees Pty Ltd within 7 days from completion of works.

Quotes and Estimates

  • All prices quoted by Assurance Trees Pty Ltd are exclusive of GST (Goods and Services Tax) unless otherwise stated.
  • 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 Assurance Trees Pty Ltd 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: Assurance Trees Pty Ltd 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.
  • All prices quoted by Assurance Trees Pty Ltd are based on the work associated with the quotation being performed during times of ordinary working hours:
    • Normal working hours: Monday – Friday, 6:30-15:30 (Depot to Depot), excluding public holidays and weekends
  • All prices quoted by Assurance Trees Pty Ltd are valid for 60 days from the date of issue unless otherwise stated.
  • All prices quoted by Assurance Trees Pty Ltd and detailed as “Budget Price” or “Budget Estimate” or wording with similar meaning are best estimates only and do not constitute a fixed price offer.
  • All prices quoted by Assurance Trees Pty Ltd do not include any payment that may be required to any statutory body unless specifically stated.
  • When accepting a quotation, estimate or hourly rate from Assurance Trees Pty Ltd the client agrees to make payment in accordance with the terms and conditions in section 6 of these terms and conditions and agree that no other policies and/or terms and conditions by the client that have not been specifically signed by Assurance Trees Pty Ltd are valid.

Schedule of Rates

  • A minimum charge of 3 hours is applicable to all works conducted under an agreed schedule of rates unless specifically agreed to in writing by Assurance Trees Pty Ltd.
  • All time is charged from depot to depot located at Vacy, NSW.
  • All prices are exclusive of GST unless stated otherwise.
  • Standard working hours are Monday-Friday, 6:30 – 15:30. All work outside these hours are classified as after hours.
  • After hours call outs attract a 4-hour minimum on all items.
  • All cranes attract a 4-hour minimum unless organised with management.
  • N/A means “Not Available”.
  • No staff can work more than 14 hours continuously.
  • After hours’ prices includes all allowances and overtime rates for all Assurance Trees Pty Ltd staff, except those listed in the Schedule of Rates.

Payments and Payment Claims

  • Invoices are to be paid within 14 days (including weekends & public holidays) after date of issue, which is for the point of clarification the date stated on the invoice, unless otherwise agreed to in writing by Assurance Trees Pty Ltd.
  • Any changes requested on an invoice, being in relation to details including but not limited to; name on invoice, address on invoice, description of works, cost of works and any other detail on the invoice does not change the invoice due date.
  • Assurance Trees Pty Ltd will issue an ATO compliant Tax Invoice and no other requirements of the client will change the due date or validity of the claim.
  • Assurance Trees will issue the Invoice, Statements, Overdue Notice and Final Overdue Notice only to the individual responsible for organising the work, and takes no responsibility for submitting the invoice to the accounts department within an organisation or separate entity or individual.
  • It is the sole responsibility of the individual that receives the invoice; being the same person that agreed to the contract, to forward the invoice onto the relevant party and make clear the terms and conditions of Assurance Trees Pty Ltd.
  • If payment is not made by the due date an Overdue Notice will be sent to the client/representative. The Client will have 7 days (including weekends & public holidays) from the date issued on the overdue notice to make payment. A Final Overdue Notice will be sent if payment is not received within 7 days of the first Overdue Notice.
  • Following a Final Overdue Notice by Assurance Trees Pty Ltd, no further notice will be given. Interest will be charged in accordance with Section 5.8 and section 5.9 of these terms and conditions.
  • If payment is not made after 31 days from the date stated on the original invoice, an interest charge for the outstanding amount will be immediately charged to the client and is calculated from the date that the invoice was due.
  • If payment is not made by the due date, Assurance Trees Pty Ltd will apply an interest charge of 5% per month, compounding daily, until the overdue amount is paid in full.
  • A Statement of account will be sent to the client every 7 days until payment is received, including any finance charges applicable.
  • A Letter of Demand will be sent to the client if payment has not been received by 60 days after invoice due date.
  • After 14 days of a Letter of Demand being sent to the client, a court summons will be lodged and legal proceedings will occur to recover the monies owed.
  • If the client fails to make payment for services provide by Assurance Trees Pty Ltd, any fees charges or monies incurred by Assurance Trees Pty Ltd in the process of enforcing a payment claim will be charged to the client on top of any outstanding amounts and interest charges.
  • Services and supply of any goods will be suspended to any client that owes monies to Assurance Trees until payment of the overdue amount is paid for in full. Assurance Trees Pty Ltd is not liable for any financial claim made by the client, for any damages or losses sustained due to not providing services or goods in such circumstances.
  • Payments made by credit card are charged at the rate of 2% (Visa and MasterCard) and 4.2% (American Express)
  • All additional costs not covered by the schedule are charged at our cost plus 25%.