TRS Terms of Service

The Tree Removal Service Trading Terms & Conditions

The Tree Removal Service (us/we) and the authorizing party (customer/you) agree that the following terms and conditions are understood & followed by both parties.

Guarantee

We guarantee to supply the service that has been agreed upon, as per our supplied quotation. If you are unsatisfied with any work, we will do our best to ensure you are satisfied. Our commitment to you as a customer is of utmost importance. We will strive to exceed your expectations in every instance.

Contract

Your acceptance of our Quotation (which you agree may be implied from your authority for us to enter your property to undertake the works) is your acknowledgment of receipt and acceptance of the terms of the Quotation.

Insurance

All employees are covered by current Employees Compensation. We are insured for personal injury and property damage liability. Copies of these insurances can be made available on request.

Safety

Whilst we are fully insured, you agree to adhere to the guidelines we follow and you will comply with all directions we give you to enable us to undertake the work. All onlookers within the vicinity of the works being performed must remain at a safe distance (as designated by us) from the worksite at all times.

Additional charges may apply in the event that work is required to stop or be delayed due to anyone failing to follow our directions including if someone enters the worksite or for any reason beyond our control. You warrant that you are not aware of any thing, fact or circumstance that is or could give rise to any danger to us.

Tree Care Standards

All tree works will be carried out in accordance to the Australian Standard AS4373.

Quotation

Quotations are valid for 30 days from the date shown on the quotation unless otherwise stated by us. You acknowledge that any alterations you may request to be made to this quotation may require a new quotation and a delay in undertaking the works.

Alterations to a quotation will only be considered up to the time of Quotation acceptance.

No changes can be made to this quotation once it has been accepted although we may at our absolute discretion accept directions from you at the time of undertaking the works which may be a variation from the Quotation. Additional charges may apply to items /tasks carried out on site at your request and may not be itemized on this quotation, as we generally Quote for time required onsite.

Tree Ownership

You warrant that all trees listed in our quotation are located on your property, and if not, that you have received permission and have authority from the owner to allow us to perform the specified works. You agree to indemnify us against any claim, liability, damages or costs incurred as a result of any dispute associated with the authority given to us to remove or deal with any tree,
You warrant that all trees dealt with in our quotation have, if necessary, received any and all appropriate consent, permission or approval to be dealt with in accordance with our quotation. You hereby indemnify and save us harmless against any claim, liability, damages or costs incurred by us due to any failure to hold all necessary consent, permission or approval.

Concealed Contingencies

Any additional works or equipment required to complete the agreed works, caused by your failure to make known or caused by previously unknown foreign material in the trunk, the branches, underground or any other condition not apparent in quoting the work specified shall be paid for by you on a time and material basis.

We are not responsible for damages to underground sprinklers, drain lines or underground cables unless they are accurately mapped out by you and provided to us prior to the commencement of works.

Disclosure Statement

Arborists cannot detect or anticipate every condition or event that could possibly lead to the structural failure of a tree or guarantee that a tree will be healthy or safe under all circumstances. Trees can be managed but not controlled.

Completion of Contract

Accepted Quotations will be scheduled as soon as possible with other jobs in the area, to minimize travel expenses. Scheduling generally occurs the week before the work is scheduled. In the event of factors out of our control (such as cancellations etc.) we may reschedule your job on the same day. We always endeavor to provide as much notice as possible. We always endeavor to accommodate specific date or time requests however this is not always possible.

Cancellation Fee

We require you to provide at least 1 business day’s notice prior to scheduled works of any full or partial work cancellation for jobs that have been booked. Your request must be acknowledged and accepted by us. In the event that a crew has been dispatched to your job site, a minimum fee of $375.00 will apply.

Equipment Access

All Prices Quoted assume our truck-mounted equipment will have access to the property wherever possible with minimal disruption. If this is unacceptable, we must know prior to acceptance of the quotation and scheduling of the works. We will take all possible care to minimize any damage to the surrounding area; however, we accept no liability for damage to walk ways, turf and concreted or the surface of any work areas or any damage to subterranean structures or underground services.

It is the customer’s responsibility to ensure all removable items are removed from the work area prior to us arriving to site. We accept no liability for any damage incurred.

It is your responsibility to gain permission for access into your neighbor’s property, laneway or council park etc. in order to assist in any tree work stated on the quotation (this includes obtaining access keys for park gates etc.).

It is your responsibility to inform all neighbors etc. of the nature of work to be carried out as stated on the quotation, such as fence line clearance etc. All notification requirements will be clearly marked out on the bottom of the quotation. If access is required to neighboring properties, you must obtain the neighbor’s permission.

Tree Removal

We will complete the removal of any tree as close to ground level as possible and remove all debris (unless otherwise stated). Additional charges may be incurred for any unforeseen metal or concrete found in tree upon notification to you.

When completing our duties, you acknowledge that damage may be caused to surfaces, gardens or surrounding structures by falling trees, branches, limbs, leaves, dust, seeds/seed pods or by the relocation of debris from the site of the works to our machinery including (but not limited to) fall damage, indentations, scuff marks, drag marks, sap and soil marks or friction marks.

You hereby release us from any liability, loss, claim or damage associated with our undertaking the works unless such liability, loss, claim or damage is due to our intentional negligence. We are not responsible for paving, concreting, walkways, driveways; garden edging etc. that may be damaged or affected due to the nature of our works. This includes damage caused to surfaces by relocating debris from the site of the works to our machinery including (but not limited to) scuff marks, drag marks, sap and soil marks or friction marks.

All care is taken in relocating debris however the severity of any marks is dependent on the type of surface and species of vegetation.

Stump Grinding

If quoted, stump grinding means the mechanical grinding of the visible tree stump and its roots to below ground level. Stump hole will be backfilled with stump chips and a mound of remaining chips left onsite (unless otherwise stated on quotation).

It is the customer’s responsibility to inform us of the location of any underground services in the vicinity of the stump. We accept no liability for damage to any service that you have not previously advised as to its exact location or for any damage to any unmarked services.

Tree Bracing

Bracing of trees is intended to reduce the hazard potential only. It does not permanently remedy structural weakness and does not guarantee against failure. Braced trees require periodic inspections and unless otherwise you are not instructing us to undertake future inspections.

Clean-up

Clean-up to include removal of logs, branches, leaves and twigs.
The work area will be raked but some excess saw dust, leaves, branches or twigs may remain.

Payment

All payment arrangements will be discussed at the time of scheduling job by us. Payment will fall due upon the receipt of an invoice (strictly due on completion of works). If you default in paying the invoice when due for payment you agree to pay a monthly account keeping fee of 8% of the moneys owing until paid in full. Any accounts not settled within 30 days from date of invoice will be passed over to a collection agency and will incur further fees and you hereby agree to indemnify us against any such cost incurred.

You also agree to pay on default all costs and expenses incurred in exercising our rights of recovery from you and indemnify us against any losses resulting from the default. We do NOT accept cash payments.

Dispute Resolution

When a dispute arises between us, you agree to comply with our dispute resolution process. To this end a party with a complaint against the other is first required to notify the other of the dispute by giving written notice specifying the nature of the dispute, the outcome required and the action believed necessary under the circumstances that will assist both in settling the dispute.
Each party will then in good faith attempt to resolve the dispute by negotiation, and if the dispute in some aspect involves payment of monies, the party withholding payment is required immediately upon receipt of the notice to deposit the disputed amount into an escrow account with instructions pertaining to the release of funds. Undisputed amounts must be paid forthwith.

Disclaimers

Any alterations to these terms and conditions can only be provided in writing by an authorized employee of The Tree Removal Service.

You warrant that you have relied on your own inquiries, and have not entered into this contract in reliance on or as a result of any representation, promise, statement, conduct or inducement other than those contained in this Contract.

You agree to indemnify us for any claim, loss, damage or other outlay whether arising directly or indirectly from any service arranged or performed by us as a result of any breach by you of the terms, conditions or warranties in this Contract. Quotations for services are made on an immediate acceptance basis and are subject to withdrawal on revision without notice at our discretion.

All Quotations are provided without warranties of any kind, whether expressed or implied, relating to the correctness, accuracy, timeliness, completeness or reliability.

The parties are not bound by any warranty, representation, collateral agreement, or implied term, under the general law or imposed by legislation unless:

1. such warranty, representation, agreement or term is contained in the express terms of this contract; or
2. it is an implied term or warranty imposed by statute which is mandatory and cannot be excluded by the parties’ agreement.

Where we are unable to carry out any service or obligation under this contract due to any circumstance, matter or thing beyond our reasonable control (“force majeure”) we shall be excused from such obligations however we shall use all possible diligence and reasonable endeavours to remove the force majeure failing which the contract shall be at an end with respect to any such thing affect by the force majeure and you shall have no claim against us.

We will not be liable for any indirect, incidental, special or consequential damages or loss which results from your use of our services or from any act or omission by us.

To the fullest extent permitted by law, our liability for breach of any implied warranty or condition is limited at the option of us to the supply of the services again, or the payment of the cost of having the services supplied again.

All rights not expressly granted herein are reserved by us.

Additional Information for Commercial Customers and Body Corporates

Quotation acceptances must be on Company letterhead or email signature;

We will not supply a quotation to the tenant or site contact, nor will we include their work requests unless we have received written confirmation from you, the Property Manager or Company representative;

We will notify the tenant or site contact when we are going to carry out the works once Quotation is accepted provided that you provide us with suitable contact details otherwise you shall be responsible to notify any tenant of our scheduled arrival and to have the property clear for our intended work.

Please consider providing a mud map or marking the trees that you require us to Quote on, i.e.: with a ribbon etc., to assist with quoting if:

- It is a large property, i.e.: consisting of many units or many trees;
- No one will be available to meet with us onsite.