STOTT & CO LIMITED | Terms and Conditions of Contract:
These terms and conditions apply to all services provided by Stott & Co Tree Experts.

  1. Quote or Tender valid for 1 month
    Any quote or tender provided by Stott & Co Tree Experts® will be valid for one (1) month unless otherwise agreed in writing.
    The contract price is based on the site conditions existing at the time of the preparation of the quote or tender remaining unchanged.
    If the site conditions change or there is incomplete disclosure by you of all relevant information at the time of quoting/tendering, Stott & Co Tree Experts® reserve the right to requote.
  1. Privacy
    You authorise Stott & Co TreeExperts® 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 tender. 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.
  1. 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.
  1. Services
    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 quote or tender.
  1. Health & Safety
    The Health & Safety of our team, our clients and general public is extremely important to Stott & Co Tree Experts®.  We warrant that all arboriculture operations will follow the latest version of the NZ Arboriculture Association best practice guideline.  You agree not to enter the work area, or allow third parties to enter the work area during the arboricultural operations unless authorised by the crew leader on-site for that day.
    Stott & Co Tree Experts® shall not be liable if there is a breach of this term by you. You agree to indemnify us for claims made against us by any third parties.
    Stott & Co Tree Experts® reserve the right to cease working if there are concerns about our or your Health & Safety.  We will discuss these concerns with you as soon as possible to try and rectify the issue.
    Weather can add risk to an already dangerous task and Stott & Co Tree Experts® reserve the right to postpone any job whether started or not due to weather conditions.
  1. Access
    In order to carry out our services it may be necessary for Stott & Co Tree Experts to use heavy machinery that could cause damage to driveways, paths or other hard landscaping at your property or at any property used for access. Stott & Co Tree Experts shall not be liable for any such damage caused. 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 or tender.
    You shall indemnify Stott & Co Tree Experts for claims made against us by any third parties for damage or losses.
  1. 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 in writing from co-owners of shared trees, and neighbours of adjacent properties where appropriate at least one (1) week prior to Stott & Co Tree Experts® commencing the services, and provide a copy if requested by us.
    Stott & Co Tree Experts® will have no liability in relation to breaches of any such easement, covenant or issue regarding boundaries.
    You shall indemnify Stott & Co Tree Experts® for claims made against us by any third parties for damages or losses.
  1. Underground Services and Structures
    Unless a plan showing the exact location of underground services or structures including without limitation pipes, wires, cables, sprinkler and concrete pads has been provided to us by you prior to the formation of the quote/tender, Stott & Co Tree Experts shall have no liability for any damage caused as a result of performing the services to such underground services or structures or any damage to property resulting therefrom.
    Stott & Co Tree Experts® has the right to charge additional costs for extra work required that occurs due to unforeseen issues arising from not being able to see under the ground (i.e. sprinklers, concrete pads, etc.).  Should you, the client, have any knowledge of possible issues, you must inform Stott & Co Tree Experts® in writing at least one (1) week prior to commencement of the job.
    You shall be solely liable for any such damage and subsequent damage to our equipment.
    You shall indemnify Stott & Co Tree Experts® for claims made against us by any third parties for damages or losses.
     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 pot-holing exercise 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.
  1. Hidden Obstructions
    Contracts for felling are based on the assumption 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 a change in methodology.
    Any additional work or equipment required to complete the work, 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 at the time of quoting, shall be paid for by you on a time and material basis.
  1. Minor damage to your property
    Stott & Co Tree Experts® will use all reasonable care in carrying out its services to minimise any damage to your property including lawns, concrete areas, hard landscaping structures and vegetation. You accept that due to the nature of our services, minor damage to such areas may occur. Stott & Co Tree Experts® will not be liable for such damage. Any repairs to such areas are not included in the quoted or tendered price unless specifically stated.
  1. Minor damage to your belongings
    Stott & Co Tree Experts® will use all reasonable care in carrying out its services to minimise any damage to your belongings including garden ornaments, furniture, etc.  We request that if possible, this is moved prior to our visit.  If you request our assistance with moving these items or we need to move them to avoid damaging them during our work, we take no responsibility for any damage caused.  If these types of items can’t be moved, you accept that due to the nature of our services, minor damage to such items may occur. Stott & Co Tree Experts® will not be liable for such damage.
  1. Firewood
    The term “Firewood” refers to logs no smaller than 5” diameter which can be cut into rings, left in log form or removed from the site.  Logs left for firewood will be trimmed of debris and left near the base of each tree which they originate unless otherwise specified. Ringing (cutting) into firewood is not included unless otherwise agreed and included in the quote or tender.  For health & safety reasons, no wood smaller than 5” diameter can be cut into rings.
  1. Transplanting
    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.
  1. Tree pruning
    While Stott & Co Tree Experts®  will use best practice methods in pruning your tree we cannot guarantee the survival of the pruned tree if there are circumstances affecting the tree which are not known to us at the time of pruning.  Such circumstances may include (without limitation) damage to tree roots underground, damage to the tree that is not apparent to us, poisoning of the tree or its roots, or weather conditions prior to or subsequent to the pruning which may affect the tree’s response to the pruning.
  1. Advice given for tree care
    As part of our service, whether that be at the time of our quote or during the completion of the work, we offer our clients advice in relation to tree care.
    Trees are dynamic living organisms and are subject to a range of influencing factors including (without limitation) local climate and pest and disease which can influence a tree’s ability to survive or not.
    Whilst all advice will be given in good faith and in accordance with modern arboricultural standards, Stott & Co Tree Experts® does not guarantee the outcome to be expected from the advice given and will not be liable for any negative outcomes.
  1. 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 is your responsibility to obtain this and provide it to Stott & Co Tree Experts® at least one (1) week prior to us commencing work.
    Stott & Co Tree Experts® accept no responsibility for any tree work commissioned without prior approval from the local or regional authority if the tree is of significance or otherwise.
    You shall indemnify Stott & Co Tree Experts® for claims made against us by any third parties for damages or losses.
  1. Fire / Rail Permits, Traffic Management, Erosion Control and Rail Clearance
    The requested services may necessitate permits, licences, clearances, or plans from the local or regional authority. Unless otherwise agreed in writing, it is your responsibility to obtain any such authorisation or information from the relevant authorities at least one (1) week prior to Stott & Co Tree Experts® commencing work and provide a copy to us on request.
    Stott & Co Tree Experts® shall have no liability for any claim arising out of your breach of this clause. You shall indemnify Stott & Co Tree Experts® for claims made against us by any third parties for damages or losses.
  2. 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 prior to Stott & Co Tree Experts® providing a quote.
    Stott & Co Tree Experts® shall have no liability for damage to such sites or for any costs or losses arising from such damage where full disclosure in accordance with this term was not made by you at the time of quoting or tendering.
    You shall indemnify Stott & Co Tree Experts® for claims made against us by any third parties for damages or losses.
  3. Payment
    A 50% deposit is payable on acceptance of the quote or tender 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. You accept that all costs relating to debt collection are paid by you in addition to the Stott & Co Tree Experts® invoiced amount.
    If payment is not received in full by the due date, interest is payable on any unpaid amount at the rate of 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®’s rights and remedies against, or collecting payment from you (including legal costs on a solicitor/client basis as those costs are incurred).
  4. Complaints
    We hope you don’t have any as we’re one of the best arborist companies in Taranaki, however if these arise, complaints must be raised in writing to team@stottandco.nz 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 and full payment of the invoice is required within 7 days of the services being completed.
  5. Delays
    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.
    We always strive to stick to scheduled dates however things such as weather conditions or viruses (e.g. COVID) may impact this and we may need to push your job back.  If this occurs, we will make contact with you to arrange a new date.
  6. 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 20.
  7. Termination
    Stott & Co Tree Experts® may terminate any contract for the provision of services by:
    1. Five (5) days notice in writing without cause; or
    2. 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
    3. Immediately if you commit an act of bankruptcy, have a receiver or manager appointed over all or any of your property; or
    4. If you are a company, immediately if you go into liquidation, have a manager or receiver appointed or are wound up.
  1. 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 or industrial action.
  2. Severability
    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.
  3. Cancellation Fee
    Following the acceptance of the quote or tender and agreement on a date for the work to be completed, cancellations must be made at least 24 hours prior to the commencement of the services.
    If a cancellation is made after that period, Stott & Co Tree Experts® has the right to charge a cancellation fee of 25% of the full quote or tender.
    You must pay that fee in accordance with the payment terms above.
  4. Limitation
    Except to the extent that the law prevents Stott & Co Tree Experts® from limiting our liability, our liability to you is limited as expressly stated in these terms and conditions.
    Nothing in these terms and conditions affects your rights (if any) under the Consumer Guarantees Act 1993 unless you are in trade and our services are supplied and acquired in trade, in which case Stott & Co Tree Experts® and you agree that the Consumer Guarantees Act 1993 shall not apply to the services provided.
    If you are in trade, Stott & Co Tree Experts® and you agree to contract out of sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1993.
    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 such head contract or variation.
    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.
    Stott & Co Tree Experts® hold Public Liability Insurance and will provide you with a copy of the Certificate of Currency if requested by you.
  5. Disputes
    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 28 working days after the dispute was notified by the party seeking a resolution to the other party then the parties may pursue legal remedies.
  6. Waiver
    1. All the original rights, powers, exemptions and remedies of Stott & Co Tree Experts® remain in full force notwithstanding any neglect, forbearance or delay in their enforcement.
    2. Stott & Co Tree Experts® is not deemed to have waived any terms and conditions unless such waiver is in writing and signed by the Company or its authorised person.  Any such waiver, unless the contrary is expressly stated, applies to and operates only in a particular transaction, dealing or matter.
  7. 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.
  8. Amendments
    Amendments to the contract specifications and price must be made in writing and agreed upon by both parties.
  9. Assignment
    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.
  10. Definitions

“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”, “them” “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”, “your”, “client” refers to you, our customer, and, in the case of joint customers, includes each of you jointly and severally.