Canopy Arborists Terms & Conditions of Contract
The contractor (Canopy Arborists) agrees to perform work in a competent manner and in compliance with the spec contained in the quote/price.
Amendments to the contract spec and price, must be made in writing and agreed by both parties.
All contracts are accepted on the basis of full payment on completion of work or within invoice term if agreed prior. Interest maybe charged on any amount owing after the due date at a rate of 5% per month. Any expenses, disbursements and legal costs incurred by Canopy Arborists in the enforcement of any rights contained in this contract shall be paid by the customer, including any reasonable solicitors fees or debt collection fees.
Any complaints which may arise from work performed under any contract arising from acceptance of the spec/quote/price must be made within seven days of completion of contract.
Tree preservation and conservation areas
The trees concerned in the contract may be protected by a local or regional authority. Where it is necessary to obtain consents from the relevant authorities, it will be the responsibility of the tree owner, unless Canopy Arborists is authorised by the owners to carry out this service.
Private covenants and boundaries
Investigation of private covenants and boundaries shall be the responsibility of the client and no liability shall be attached to the contractor for a breach of any such covenant or boundary. The client must obtain written permission from all tree owners prior to Canopy Arborists commencing work.
Unless the exact location of underground pipes, wires, cables or soak holes has been supplied to us prior to the formation of the contract, the contractor shall be under no liability for any damage caused to them under the contract. The client shall be solely liable for any such damage and subsequent damage to the contractors equipment.
The quote/price is based on the assumption that the trees/stumps are free from metal, stone or other hidden obstructions. In the event of a tree being impossible to fell in the normal manner, the company reserves the right to re-quote accordingly.
The tree owner accepts full responsibility for their driveways, paths and lawns and understands that to carry out work specified in the contract, it may be necessary to use heavy machinery that could damage driveways, paths and lawn.The contractor will not be liable for damage.
All work carried out by the contractor is covered by $5,000,000 public liability insurance for damage to persons or property that may result in the implementation of the contract.
The contractors liability shall be limited to the maximum amount of the quote/price of the contract.
Wood and wood chips
All wood and wood chips removed from site shall be deemed the property of Canopy Arborists unless specifically agreed in the terms of the quote/price. Stump grindings are not removed from site.
Stump grinding involves the removal of the tree stump to a depth of 150mm, but does not include the removal of lateral roots or stump chippings, unless specified
Where a fence needs to be temporarily removed for works to be carried out it is the responsibility of the client to remove the fence prior to works and erect the fence after work has been completed.
Expiry of quote/price
30 days after date of spec/quote/price, the contractor reserves the right to withdraw and re-price the contract.
Canopy Arborists reserves the right to charge a cancellation fee of 33% of the contract price if less than 24hrs notice of cancellation is given.
Should any dispute arise to the interpretation of the contract, it shall be referred to arbitration in accordance with the Arbitration Act 1908 and its amendments. Any decision of the arbitrator shall be final and binding upon the parties.