The following Terms and Conditions are applicable to all Asplundh quotations or estimates.
TERMS AND CONDITIONS OF CONTRACT
The contractor agrees to perform the work in a competent manner according to modern recognised, arboricultural, horticultural or facilities management practices and in compliance with the specification and description of works on this quotation/estimate.
All contracts and instructions are accepted on the basis of full payment within 7 days of the date of the invoice. Non payment within 7 days may result in referral of invoices to debt collection. The authorised signatory accepts that all costs relating to debt collection are paid by them in addition to the Asplundh invoiced amount.
Amendments the contract must be made in writing.
Goods and Services Tax
Where applicable, GST will be charged at the current rate.
Any complaints which may arise from work performed under any contract arising from acceptance of the estimate must be made within 7 days from the date of invoice.
Tree Preservation Orders and Conservation Areas
The trees concerned in the contract may be in a Conservation Area or be protected by a District Plan. Responsibility for all permission obtained from relevant authority will remain the responsibility of the authorised signatory or owner unless Asplundh is requested to do so in this contract.
Private Covenants and Boundaries
Investigation of Private Covenants and Boundaries shall be the responsibility of the authorised signatory or owner and no liability shall attach to the Contractor for a breach of any such Covenant or Boundary.
Unless a plan showing the exact location of underground pipes, wires or cables is provided to Asplundh by the authorised signatory or owner of the land (or their agent) prior to the formation of the contract, the contractor shall be under no liability for any damage caused as a result of work performed under the contract to such pipes, wires or cables, or for any damage to property resulting therefrom and the owner of the land or his agent shall be solely liable for any such damage.
Power Lines or Telephone Cables
Any charge for the removal of power lines or telephone cables is the responsibility of the owners, unless otherwise agreed in writing with the contractor.
Completion of Contract
The contractor will not be liable in damages or otherwise because of non-performance of a contract arising on account of adverse weather conditions, strikes, lockouts, war and civil commotion or lack of adequately skilled labour due to causes beyond our control. Further, we retain the right in such circumstances to cancel the contract in whole or in part. Completion dates shall be contingent upon weather conditions.
Expiry of Quotation
After 30 days from the date of quotation, the contractor reserves the right to withdraw and reprice work unless otherwise agreed in writing.
Quotations for felling are based on the assumption of trees being free from metal, stone or other hidden obstructions. In the event of a tree being impossible to fell in the quoted way using standard techniques, the company reserves the right to requote accordingly.
Stump grinding involves the removal of the tree stump to a depth of 150mm, but does not include the removal of lateral root or stump chippings unless specified otherwise.,
The contract price is based on the site conditions existing at the time of the preparation of the quote/estimate remaining unchanged.
All lengths mentioned are approximate.
All work carried out by the contractor is covered by $5,000,000 Third Party and Public Liability Insurance for damage to persons or property that may result in the implementation of the contract.