Terms & Conditions
ORANG-OTANG TREE TRIMMERS LIMITED
Terms and Conditions of Contract:
The following Terms and Conditions are applicable to all Orang-Otang Tree Trimmers quotations or estimates.
- Quote or Tender:
Any quote or tender provided by Orang-Otang Tree Trimmers will be valid for 30 days unless otherwise agreed in writing. The contractor reserves the right to withdraw and reprice work unless otherwise agreed in writing.
- The Contractor:
The contractor agrees to perform the work in a competent manner according to modern recognised, arboriculture, horticultural or facilities management practices and in compliance with the specification and description of works on this quotation/estimate.
- Goods and Services Tax:
Where applicable, GST will be charged at the current rate.
- Credit Check:
You authorise Orang-Otang Tree Trimmers 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 Orang-Otang Tree Trimmers to collect and hold personal information from any source Orang-Otang Tree Trimmers considers appropriate for determining credit worthiness, debt collection purposes or for any other purpose related to these terms and any associated quote or order. You further authorise Orang-Otang Tree Trimmers to disclose personal information held by Orang-Otang Tree Trimmers 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 Orang-Otang Tree Trimmers about you.
- Acceptance of Quote or Tender:
By accepting any quote or tender, or allowing Orang-Otang Tree Trimmers to commence any work, you agree to these terms and conditions.
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. Orang-Otang Tree Trimmers 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 Orang-Otang Tree Trimmers commencing the Services. Orang-Otang Tree Trimmers 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, Orang-Otang Tree Trimmers 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.
- Hidden Obstructions:
Contracts for felling are based on the assumption that trees being free from metal, stone and other hidden obstructions. In the event of the tree/s being contaminated, Orang-Otang Tree Trimmers reserves the right to requote the work to cover damage to equipment or change in methodology.
- Site Conditions:
The contract price is based on the site conditions existing at the time of the preparation of the quote/estimate remaining unchanged.
- 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/quote.
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.
- 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.
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.
- Tree Preservation Orders and Conservation Areas:
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 Orang Otang Tree Trimmers with all supporting documentation arising from such investigations. Orang-Otang Tree Trimmers 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.
You must make full payment to Orang-Otang Tree Trimmers within the time, or before the date, specified in the invoice (time being of the essence). You shall not deduct or withhold any amounts for any reason what so ever. All accounts settled by credit card will attract a 2% fee. If payment is not received in full by the due date then 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). In addition, you must pay to Orang-Otang Tree Trimmers any and all costs charges and expenses suffered or incurred by Orang-Otang Tree Trimmers connected with enforcing or attempting to enforce Orang-Otang Tree Trimmer’s rights and remedies against, or collecting payment from you (including legal costs on a solicitor/client basis as those costs are incurred).
You must raise any complaint or dispute about the Services within seven (7) days of the performance of the Services. 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. Orang-Otang Tree Trimmers 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:
Orang-Otang Tree Trimmers can suspend providing Services if you breach any of your obligations to Orang-Otang Tree Trimmers or anything happens that Orang-Otang Tree Trimmers reasonably considers will, or may, cause delays, hazards, or any danger to the safety of any person. Orang-Otang Tree Trimmers 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 Orang-Otang Tree Trimmers 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.
Orang-Otang Tree Trimmers may terminate any contract for the provision of Services by five (5) day’s 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.
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:
Orang-Otang Tree Trimmers reserve the right to charge a cancellation fee of up to 20% to cover lost time and costs associated with the contract if less than 24 hour’s notice of cancellation is given. You must pay that fee in accordance with the payment terms above.
- Insurance Cover:
Orang-Otang Tree Trimmers holds Third Party and Public Liability Insurance cover up to $10,000,000.00 (ten million) for damage to persons or property that may result in the implementation of the contract.
Orang-Otang Tree Trimmers liability arising from or in connection with providing the Services to you will be limited to:
- Reasonable and reasonably foreseeable costs, claims, liabilities, damages or losses directly caused by Orang-Otang Tree Trimmers actions or omissions; and
- 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 Orang-Otang Tree Trimmers respond to such losses; and
- 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 Orang-Otang Tree Trimmers 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, Orang-Otang Tree Trimmers shall not be liable in connection with any head contract or variation between you and a third party unless Orang-Otang Tree Trimmers 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 Orang-Otang Tree Trimmers 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 Orang-Otang Tree Trimmers “we”, “us”, “our” and “Orang-Otang Tree Trimmers” means Orang-Otang Tree Trimmers, New Zealand registered company no 2148344., 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.