STOTT & CO LIMITED | Terms and Conditions of Contract:
These terms and conditions apply to all services provided by Stott & Co Tree Experts.
- Quote or Tender valid for 1 month
Any quote or tender provided by Stott & Co Tree Experts® will be valid for 30 days unless otherwise agreed in writing.
The contract price is based on the site conditions existing at the time of the preparation of the quote/estimate remaining unchanged.
If the site conditions change, Stott & Co Tree Experts® reserve the right to requote.
- Credit Check
You authorise Stott & Co Tree Experts® to use any consumer credit reporting service for the purposes of obtaining a credit check reference, for debt collection and/or notifying a default by you.
You authorise Stott & Co Tree Experts® to collect and hold personal information from any source Stott & Co Tree Experts® considers appropriate for determining creditworthiness, debt collection purposes or for any other purpose related to these terms and any associated quote or order. You further authorise Stott & Co Tree Experts® to disclose personal information held by Stott & Co Tree Experts® for the purposes set out above to any other person. You have a right of access and may request correction of personal information held by Stott & Co Tree Experts® about you.
- Acceptance of Quote or Tender
By accepting any quote or tender or allowing Stott & Co Tree Experts® to commence any work, you agree to these terms and conditions.
Stott & Co Tree Experts® agrees to perform the work in a competent manner according to modern, recognised arboricultural practices and in compliance with the specification and description of works on our quotation/estimate.
You accept full responsibility for driveways, paths, or other landscaping at the property where Services are to be performed (including any property used for access) and understand that, to carry out the Services, it may be necessary to use heavy machinery that could cause damage to the same. Stott & Co Tree Experts® will not be liable for any damage caused to driveways, paths, or other landscaping which occurs in connection with the Services. Additional charges may apply where access required to complete the Services becomes, or is discovered to be, more difficult than anticipated at the date of any quote.
- Easements, Covenants and Boundaries
You are responsible for determining the extent of any relevant easements, covenants, and boundaries. You must obtain all necessary authorisations and consents from co-owners of shared trees, and neighbours of adjacent properties where appropriate, prior to Stott & Co Tree Experts® commencing the Services. Stott & Co Tree Experts® will have no liability in relation to breaches of any such easement, covenant, or issue regarding boundaries.
- Underground Services
Unless a plan showing the exact location of underground pipes, wires, or cables has been provided to us by you prior to the formation of the contract, Stott & Co Tree Experts® shall have no liability for any damage caused as a result of performing the Services to such pipes, wires, or cables, or any damage to property resulting there from. You shall be solely liable for any such damage. Stott & Co Tree Experts® will, if required, contact Dial Before U Dig for information relevant to the site before commencing work. Should a mark out or potholing be required to identify the exact service location, any/all costs associated with this will be passed on to the customer with a 15% handling fee included.
- Hidden Obstructions
Contracts for felling assume that trees are free from metal, stone, and other hidden obstructions. In the event of the tree/s being contaminated, Stott & Co Tree Experts® reserves the right to reprice the work to cover damage to equipment or change in methodology.
- Stump Grinding
Stump grinding involves the removal of the tree stump to a depth of approximately 150mm but does not include the removal of lateral roots or stump chippings, unless otherwise specified in the contract. All tailings are to remain levelled out on site unless otherwise specified.
Logs left for firewood will be trimmed neatly and stacked safely in the immediate vicinity of the tree from which they originate unless otherwise specified. Ringing (cutting) into firewood is not included unless otherwise agreed.
While Stott & Co Tree Experts® will use best practice methods in relocating trees, Stott & Co Tree Experts® cannot guarantee the survival of the relocated tree/s and will not be liable for any financial reimbursement for the cost of the relocation or for the loss of the tree/s.
- Tree Preservation Orders, Conservation Areas and Tree Permits
The trees concerned in the contract may be protected by a local or regional authority. Where it is necessary to obtain resource consents and/or permits from the relevant authorities, it will remain your responsibility unless otherwise agreed in writing.
Stott & Co Tree Experts® accept no responsibility for any tree work commissioned without prior approval from Council if the tree is of significance or otherwise.
- Fire / Rail Permits, Traffic Management, Erosion Control and Rail Clearance
The Services may necessitate permits, licences, clearances, or plans from the local or regional authority. It is your responsibility to obtain any such authorisation or information from the relevant authorities unless otherwise agreed in writing.
- Historic Sites and Areas of Archaeological, Scientific, Environmental, Religious or Cultural Significance
It shall be your responsibility to fully investigate all matters pertaining to historic sites and areas of archaeological, scientific, environmental, religious or cultural significance; to obtain all necessary plans, permits and consents, and to supply Stott & Co Tree Experts® with all supporting documentation arising from such investigations. Stott & Co Tree Experts® shall have no liability for damage, or any costs or losses arising from such damage, to any site or area of significance that was not fully disclosed to us at the time of quoting.
A non-refundable deposit of 50% is payable on acceptance of the quote with full payment of the invoice payable within 7 days of completion of the contract.
Non-payment within 7 days may result in referral of invoices to a debt collection agency. The authorised signatory (you) accepts that all costs relating to debt collection are paid by them in addition to the Stott & Co Tree Experts® invoiced amount.
If payment is not received in full by the due date then interest is payable on any unpaid amount at the rate of 1.5% per calendar month (or part thereof) until the calendar month in which actual payment is received (including after any intervening judgment), compounding monthly. In addition you must pay to Stott & Co Tree Experts® any and all costs charges and expenses suffered or incurred by Stott & Co Tree Experts® connected with enforcing or attempting to enforce Stott & Co Tree Experts’® rights and remedies against, or collecting payment from you (including legal costs on a solicitor/client basis as those costs are incurred).
We hope you don’t have any as we’re one of the best arborist companies in Auckland, however if these arise, complaints must be raised in writing to firstname.lastname@example.org within 4 days of the work being completed (the sooner the better so we can assist you with any issue).If you do not do so, you will be deemed to have fully accepted the Services.
Dates provided for commencement and/or completion of any Services are provided in good faith as an indication for planning purposes only. Stott & Co Tree Experts® shall have the right to amend any such dates in its absolute sole discretion and shall have no liability arising from any delay in commencing or completing any Services.
- Suspension of Services
Stott & Co Tree Experts® can suspend providing Services if you breach any of your obligations to Stott & Co Tree Experts® or anything happens that Stott & Co Tree Experts® reasonably considers will, or may, cause delays, hazards, or any danger to the safety of any person. Stott & Co Tree Experts® will have no liability if it suspends providing the Services under this clause. This includes (but is not limited to) losses of profits and losses of opportunity.
If Stott & Co Tree Experts® is undertaking services for you which would be defined as construction work under the Construction Contracts Act 2002, then the provisions of that Act will also apply, in particular sections 24A(1) and 24(2) shall apply in substitution for this clause 19.
Stott & Co Tree Experts® may terminate any contract for the provision of Services by five (5) days’ notice in writing. or immediately if you commit a material breach of these terms and such breach, if capable of remedy, is not remedied within twenty (20) days of receipt of written notice of such breach or you commit an act of bankruptcy, have a receiver or manager appointed over all or any of your property, or (if a company) you go into liquidation, have a manager or receiver appointed or are wound up.
- Force Majeure
Neither party shall be liable for any default due to any event beyond their reasonable control. This includes (but not limited to) fire, flood, storm, adverse weather conditions, volcanic eruption, earthquake, act of a government, war, terrorism, strike, lock-out, industrial action.
If any of these terms and conditions or their application becomes invalid or unenforceable in any way, this does not mean that the remainder of these terms and conditions are affected and they will remain enforceable to the greatest extent permitted by law.
- Rights Cumulative
Nothing in these terms limits any other rights and remedies available to any party.
- Cancellation Fee
Following the acceptance of the quote and agreement on a date for the work to be completed, cancellations must be made at least 3 working days prior.
If a cancellation is made after that period, Stott & Co Tree Experts® has the right to charge a cancellation fee of 20% in addition to the non-refundable 50% deposit.
You must pay that fee in accordance with the payment terms above.
- Insurance Cover
Stott & Co Tree Experts® holds Third Party and Public Liability Insurance cover.
All work carried out by Stott & Co Tree Experts® is covered by $2,000,000 Third Party and Public Liability Insurance for damage to persons or property that may result in the implementation of the contract.
An insurance certificate can be supplied if requested by the client.
Stott & Co Tree Experts® liability arising from or in connection with providing the Services to you will be limited to:
(a.)Reasonable and reasonably foreseeable costs, claims, liabilities, damages, or losses directly caused by Stott & Co Tree Experts® actions or omissions; and
(b.)Reasonable and reasonably foreseeable indirect, special loss, loss of profits, loss of contract, loss of opportunity, loss of goodwill, loss of use, however arising, in each case to the extent that policies of insurance held by Stott & Co Tree Experts® respond to such losses; and
(c.)A maximum total limit under (a) and (b) above of $2,000,000 in the aggregate.
Nothing in these terms affect your rights (if any) under the Consumer Guarantees Act 1993, unless you acquire services from Stott & Co Tree Experts® for the purpose of a business, in which case you agree that the Consumer Guarantees Act 1993 will not apply and acknowledge that it is fair and reasonable that the parties are bound by this provision 26.
Without limiting any liability or obligation expressly set out above, Stott & Co Tree Experts® shall not be liable in connection with any head contract or variation between you and a third party unless Stott & Co Tree Experts® has seen and agreed in writing to those terms.
If either party is found liable to the other (whether in contract, tort or otherwise), and the claiming party has contributed to the loss or damage, then the liable party shall only contribute to the extent of its proportionate liability.
Should any dispute arise as to any matter relating to this agreement, the parties shall use all reasonable efforts in good faith to negotiate a resolution without litigation. If such dispute remains unresolved 10 days after the dispute was notified by the party seeking a resolution to the other party then the parties may pursue legal remedies.
No waiver of a breach of any of these terms by any party will in any way affect, limit or waive that party’s right to subsequently require strict compliance with these terms.
- Entire Agreement
These terms and any associated quote or order constitute the sole understanding of the parties in relation to its subject matter and supersede all prior understandings, written or oral, which will be of no further force or effect.
Amendments to the contract specifications and price must be made in writing and agreed upon by both parties.
Your rights arising out of or under these terms may only be assigned with the prior written consent of Stott & Co Tree Experts®. Stott & Co Tree Experts® may assign its rights or obligations (or both) at any time by giving written notice of this to you.
“Services” means any and all services, and all goods used in performing those services, provided to you by Stott & Co Tree Experts®.
“we”, “us”, “our” and “Stott & Co Tree Experts®” means Stott & Co Limited, New Zealand registered company no. 7570056, and its related companies (as that term is defined in the Companies Act 1993), agents, successors or assigns.
“you” and “your” refers to you, our customer, and, in the case of joint customers, includes each of you jointly and severally.