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Terms & Conditions

A legal disclaimer

TRUST TREES LTD
TERMS AND CONDITIONS OF TRADE
1. DEFINITIONS

In these Terms:

Company means Trust Trees Ltd.

Customer means the person, company, trust, partnership or other entity engaging the Company to provide Services.

Services means hedge trimming, hedge reduction, shelterbelt trimming, tree trimming, pruning, vegetation management, green waste removal and any associated services supplied by the Company.

Site means the property where Services are to be performed.

Quote means any written quotation supplied by the Company.

2. ACCEPTANCE

2.1 Acceptance of a Quote, booking of Services, payment of a deposit, or allowing the Company to commence work constitutes acceptance of these Terms.

2.2 These Terms apply to all Services provided by the Company unless otherwise agreed in writing.

3. QUOTATIONS

3.1 Quotes are valid for 30 days unless stated otherwise.

3.2 Quotes are based on information available at the time of inspection.

3.3 The Company reserves the right to revise pricing where:

  • Site conditions differ from those originally disclosed;

  • Additional work is requested;

  • Access restrictions increase the time or resources required;

  • Hidden hazards or defects are discovered.

3.4 Any additional work requested by the Customer may be charged at the Company's prevailing rates.

4. PAYMENT

4.1 Unless otherwise agreed, payment is due within 7 days of invoice.

4.2 Commercial account holders must pay all invoices by the 20th day of the month following invoice date.

4.3 Once a quotation has been accepted by the Customer, Trust Trees reserves the right to charge a cancellation fee of up to 10% of the quoted amount if the work is cancelled by the Customer prior to commencement. This fee is intended to cover administrative costs, scheduling, and loss of allocated resources. Any cancellation fee charged will be at Trust Trees' discretion and will not exceed 10% of the accepted quotation value.

4.4 The Company may require a deposit prior to commencement.

4.5 The Company may charge default interest of 1.5% per month on overdue accounts.

4.6 The Customer shall indemnify the Company for all debt recovery, collection agency, legal and administrative costs incurred in recovering outstanding amounts.

5. ACCESS TO SITE

5.1 The Customer must provide safe and reasonable access to the Site.

5.2 The Customer warrants that:

  • Property boundaries are correctly identified;

  • All underground services are accurately located;

  • Any known hazards have been disclosed.

5.3 The Company may suspend work if access is unsafe or materially different from what was represented.

6. CUSTOMER RESPONSIBILITIES

6.1 The Customer is responsible for:

  • Obtaining any neighbour approvals required;

  • Confirming ownership of hedges and trees to be worked on;

  • Obtaining any resource consents or council approvals where required.

6.2 The Company may rely on instructions provided by the Customer regarding property boundaries and ownership.

6.3 The Customer indemnifies the Company against claims arising from incorrect instructions regarding ownership or boundaries.

7. HIDDEN DEFECTS AND SITE CONDITIONS

7.1 Trees, hedges and vegetation may contain hidden defects, decay, disease, cavities, instability, wire, fencing, foreign objects or other hazards not visible during inspection.

7.2 The Company accepts no responsibility for loss or damage resulting from hidden defects that could not reasonably have been identified before work commenced.

7.3 Additional charges may apply where hidden defects materially increase the complexity or duration of the work.

8. WEATHER AND DELAYS

8.1 The Company may postpone, suspend or reschedule work due to:

  • Rain;

  • Wind;

  • Ground conditions;

  • Fire risk;

  • Equipment breakdown;

  • Staff illness;

  • Any event beyond the Company's reasonable control.

8.2 Such delays shall not constitute breach of contract.

9. GREEN WASTE

9.1 Unless otherwise agreed, all vegetation, branches and green waste removed from the Site become the property of the Company upon removal.

9.2 Where green waste removal is excluded from a Quote, disposal remains the responsibility of the Customer.

10. DAMAGE AND LIMITATION OF LIABILITY

10.1 The Customer acknowledges that vegetation management work involves inherent risks.

10.2 The Company shall take reasonable care when performing Services.

10.3 To the fullest extent permitted by law, the Company's liability is limited to the value of the Services supplied.

10.4 The Company shall not be liable for:

  • Consequential loss;

  • Loss of profits;

  • Loss of business opportunity;

  • Delays caused by weather;

  • Existing defects in vegetation;

  • Damage arising from undisclosed hazards.

10.5 The Company shall not be liable for damage to:

  • Irrigation systems;

  • Underground services;

  • Unmarked pipes or cables;

  • Hidden fencing;

  • Structures concealed within vegetation;
    unless caused by the Company's negligence.

11. HEALTH AND SAFETY

11.1 The Customer must comply with all reasonable health and safety requirements while Services are being performed.

11.2 Children, pets and members of the public must be kept clear of the work area.

11.3 The Company may cease work immediately if unsafe conditions exist.

12. INSURANCE

12.1 The Company maintains public liability insurance.

12.2 The Customer is responsible for maintaining appropriate insurance for their property.

13. DEFAULT

13.1 If payment remains outstanding beyond the due date, the Company may:

  • Suspend further work;

  • Cancel future bookings;

  • Refer the debt for collection;

  • Commence legal proceedings.

13.2 All amounts owing become immediately payable upon default.

14. PRIVACY

14.1 The Customer authorises the Company to collect, store and use personal information for the purposes of:

  • Providing Services;

  • Invoicing;

  • Credit assessment;

  • Debt recovery;

  • Customer communications.

14.2 Personal information will be managed in accordance with the Privacy Act 2020.

15. CONSUMER GUARANTEES ACT

15.1 Where Services are acquired for business purposes, the parties agree that the Consumer Guarantees Act 1993 does not apply to the extent permitted by law.

16. DISPUTES

16.1 The parties will attempt to resolve disputes through good faith discussion.

16.2 If a dispute cannot be resolved, the parties agree to attempt mediation before commencing court proceedings.

17. FORCE MAJEURE

The Company shall not be liable for failure or delay in performing Services due to events beyond its reasonable control.

18. GOVERNING LAW

These Terms are governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of the New Zealand Courts.

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