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.
2.3 These Terms, together with the accepted Quote, constitute the agreement between the Company and the Customer. If there is any inconsistency, the accepted Quote will prevail to the extent of that inconsistency.
3. QUOTATIONS
3.1 Quotes are valid for 30 days unless stated otherwise.
3.2 Quotes are based on information available to the Company at the time of inspection or quotation.
3.3 A Quote may be revised where:
* Site conditions differ materially from those observed or disclosed;
* Additional work is requested;
* Access restrictions increase the time, labour or equipment required;
* Hidden hazards, defects or structures are discovered;
* The scope of work changes;
* Additional disposal, transport or equipment costs are reasonably incurred.
3.4 Any additional work requested by the Customer may be charged at the Company's prevailing rates.
3.5 The Company will, where reasonably practicable, advise the Customer before undertaking material additional work or incurring material additional costs.
4. PAYMENT
4.1 Unless otherwise agreed in writing, 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 Quote has been accepted, the Company may charge a cancellation fee of up to 10% of the accepted Quote where the Customer cancels the Services prior to commencement. The fee reflects administrative costs, scheduling and resources allocated to the booking and will not exceed 10% of the accepted Quote 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, calculated on a daily basis.
4.6 The Customer indemnifies the Company against reasonable debt recovery, collection agency, legal and administrative costs incurred in recovering overdue amounts.
4.7 If an account is overdue, the Company may suspend Services and decline to undertake further work until all overdue amounts have been paid.
5. ACCESS TO SITE AND CUSTOMER DISCLOSURES
5.1 The Customer must provide the Company and its employees, contractors and equipment with safe and reasonable access to the Site.
5.2 The Customer warrants, to the best of their knowledge, that:
* Property boundaries have been correctly identified;
* The Customer has authority to instruct the Company to undertake the Services;
* All known underground and concealed services have been identified and disclosed;
* All known hazards relevant to the Services have been disclosed;
* Any access restrictions, unstable ground, concealed structures, fencing, irrigation, pipes, cables or other relevant Site conditions have been disclosed.
5.3 The Company may rely on information supplied by the Customer regarding the Site, boundaries, ownership, hazards and services.
5.4 The Company may suspend, refuse or reschedule work where access or Site conditions are unsafe, materially different from those represented, or likely to create an unreasonable risk to people, property or equipment.
5.5 Any additional costs arising from inaccurate or incomplete information supplied by the Customer may be charged to the Customer.
6. CUSTOMER RESPONSIBILITIES
6.1 The Customer is responsible for:
* Obtaining any neighbour approvals required;
* Confirming ownership of hedges, trees and vegetation to be worked on;
* Obtaining any resource consents, permits or council approvals required for the proposed work;
* Advising the Company of any restrictions affecting the Site;
* Ensuring that the Company is authorised to undertake the Services at the Site.
6.2 The Company may rely on instructions provided by the Customer regarding property boundaries, ownership and the scope of authorised work.
6.3 The Customer indemnifies the Company against claims, losses, costs or liabilities arising from incorrect or unauthorised instructions given by the Customer regarding ownership, boundaries or authority to undertake the Services, except to the extent caused by the Company's negligence or wilful misconduct.
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 that are not visible during inspection.
7.2 The Company will take reasonable care when inspecting and performing the Services but does not warrant that all concealed defects or hazards can be identified before work commences.
7.3 The Company is not responsible for loss or damage arising from a hidden defect or concealed hazard that could not reasonably have been identified before or during the Services, except to the extent caused by the Company's negligence.
7.4 Additional charges may apply where hidden defects, hazards or Site conditions materially increase the complexity, duration, labour or equipment requirements of the Services.
8. EQUIPMENT DAMAGE CAUSED BY CONCEALED HAZARDS
8.1 The Customer acknowledges that vegetation and ground conditions may contain concealed hazards, including but not limited to:
* Wire;
* Steel;
* Hidden fencing;
* Rocks;
* Concrete;
* Irrigation components;
* Underground services;
* Foreign objects;
* Embedded materials;
* Unstable ground;
* Buried or concealed structures.
8.2 Where the Company's machinery, vehicles, tools or other equipment is damaged as a direct result of a concealed or undisclosed hazard at the Site that was not reasonably identifiable before commencement of the Services, the Customer is responsible for the Company's reasonable costs arising from that damage.
8.3 Such costs may include reasonable repair or replacement costs, labour, transport, equipment hire and reasonable downtime directly resulting from the damage.
8.4 This clause does not apply to the extent that the damage was caused by the Company's negligence, wilful misconduct or failure to take reasonable care.
9. WEATHER, ACCESS AND DELAYS
9.1 The Company may postpone, suspend or reschedule Services due to:
* Rain;
* Wind;
* Ground conditions;
* Fire risk;
* Unsafe Site conditions;
* Equipment breakdown;
* Staff illness;
* Restricted access;
* Any event beyond the Company's reasonable control.
9.2 Where Services are delayed or rescheduled for these reasons, the delay will not constitute a breach of these Terms.
9.3 The Company will make reasonable efforts to notify the Customer of significant delays or changes to scheduled Services.
10. GREEN WASTE
10.1 Unless otherwise agreed, all vegetation, branches and green waste removed from the Site become the property of the Company upon removal.
10.2 Where green waste removal is excluded from a Quote, disposal remains the responsibility of the Customer.
10.3 The Company may determine the appropriate lawful disposal, recycling, mulching or processing method for green waste removed as part of the Services.
11. INDEMNITY
11.1 To the maximum extent permitted by law, the Customer indemnifies and holds harmless the Company and its directors, employees, contractors and agents against claims, demands, proceedings, losses, damages, liabilities, costs and reasonable legal expenses arising from:
a. a breach of these Terms by the Customer;
b. inaccurate, incomplete or misleading information supplied by the Customer;
c. the Customer's failure to disclose a known hazard, concealed structure, underground service, irrigation system, fencing, cable, pipe or other Site condition;
d. incorrect instructions concerning ownership, boundaries or authority to undertake the Services;
e. any negligent, unlawful or wilful act or omission of the Customer or any person attending or accessing the Site at the Customer's request or with the Customer's permission;
f. any claim by a third party arising from the Customer's acts, omissions, instructions or the condition of the Site, except to the extent that the claim was caused by the Company's negligence or wilful misconduct; or
g. damage to the Company's equipment caused by a concealed or undisclosed hazard for which the Customer is responsible under these Terms.
11.2 The indemnity in this clause does not apply to the extent that the relevant loss, damage, liability, cost or expense was caused by the negligence or wilful misconduct of the Company.
11.3 Nothing in this clause requires the Customer to indemnify the Company for liability that cannot lawfully be transferred or excluded.
11.4 The Company will take reasonable steps to notify the Customer of any material third-party claim for which the Company seeks indemnification and may require the Customer to provide reasonable assistance in responding to that claim.
12. DAMAGE AND LIMITATION OF LIABILITY
12.1 The Customer acknowledges that vegetation management work involves inherent risks, including falling branches and debris, concealed objects, unstable vegetation, restricted access and concealed Site conditions.
12.2 The Company will exercise reasonable care and skill when performing the Services.
12.3 To the maximum extent permitted by law, the Company will not be liable for indirect, consequential or special loss, loss of profit, loss of revenue, loss of business, loss of opportunity or other economic loss.
12.4 Subject to any rights or remedies that cannot lawfully be excluded or limited, the Company's aggregate liability arising from or in connection with the Services will not exceed the amount paid or payable by the Customer for the particular Services giving rise to the claim.
12.5 The Company will not be liable for damage or loss arising from:
Existing defects in vegetation;
Decay, disease or instability that was not reasonably apparent;
Undisclosed or concealed hazards;
Unmarked underground services;
Hidden pipes, cables or irrigation systems;
Hidden fencing or structures;
Incorrect information or instructions supplied by the Customer;
Conditions materially different from those represented by the Customer.
12.6 Nothing in these Terms excludes or limits liability to the extent that doing so would be unlawful.
12.7 Where the Customer is acquiring the Services as a consumer, nothing in these Terms is intended to exclude, restrict or modify any rights or remedies available to the Customer under applicable New Zealand consumer law.
13. HEALTH AND SAFETY
13.1 The Customer must comply with all reasonable health and safety directions given by the Company while Services are being performed.
13.2 Children, pets, visitors and other members of the public must be kept away from the work area and from operating machinery.
13.3 The Customer must not enter or permit others to enter an area that has been identified by the Company as a work or exclusion zone.
13.4 The Company may cease or suspend work immediately where it reasonably considers that the Site presents an unacceptable health or safety risk.
13.5 The Customer must advise the Company of any known Site hazards before work commences.
13.6 Nothing in these Terms limits or excludes any duty imposed on the Company or any other person under applicable health and safety legislation.
14. INSURANCE
14.1 The Company maintains public liability insurance appropriate to its business activities.
14.2 The Customer is responsible for maintaining appropriate insurance for their property and any risks that remain the Customer's responsibility under these Terms.
14.3 The existence of insurance does not create or extend liability beyond that imposed by law or these Terms.
15. DEFAULT
15.1 If payment remains outstanding beyond the due date, the Company may:
Suspend further work;
Cancel future bookings;
Require payment before undertaking further Services;
Refer the debt for collection;
Commence legal proceedings.
15.2 All amounts owing become immediately payable upon default.
15.3 The Company's rights under this clause are in addition to any other rights available to the Company at law.
16. PRIVACY
16.1 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;
Managing the Company's relationship with the Customer.
16.2 Personal information will be managed in accordance with the Privacy Act 2020 and the Company's Privacy Policy.
17. CONSUMER GUARANTEES ACT
17.1 Nothing in these Terms is intended to exclude, restrict or modify the Consumer Guarantees Act 1993 where that Act applies and cannot lawfully be contracted out of.
17.2 Where the Customer acquires the Services for business purposes, and both the Company and Customer are in trade, the parties agree that the Consumer Guarantees Act 1993 is excluded to the maximum extent permitted by section 43 of that Act, provided that the requirements for lawful contracting out are satisfied.
17.3 Where section 43 does not permit contracting out of the Consumer Guarantees Act 1993, that Act will continue to apply.
18. DISPUTES
18.1 The parties will first attempt to resolve any dispute through good faith discussion.
18.2 If a dispute cannot be resolved through discussion, the parties may agree to mediation before commencing court proceedings.
18.3 Nothing in this clause prevents either party from taking urgent action where necessary to protect its rights or interests or to comply with a statutory deadline.
19. FORCE MAJEURE
19.1 The Company will not be liable for failure or delay in performing Services where the failure or delay results from an event beyond the Company's reasonable control.
19.2 Such events may include severe weather, natural disaster, fire, flood, equipment failure, supplier failure, industrial action, government action, road closures, restrictions, epidemic or pandemic, or other circumstances that could not reasonably have been prevented or overcome by the Company.
19.3 The Company will make reasonable efforts to minimise the effect of any such event and reschedule affected Services where reasonably practicable.
20. SEVERABILITY
20.1 If any provision of these Terms is found to be invalid, illegal or unenforceable, that provision will be severed or modified to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
21. NO WAIVER
21.1 A failure or delay by the Company to exercise any right under these Terms does not constitute a waiver of that right.
22. GOVERNING LAW
22.1 These Terms are governed by the laws of New Zealand.
22.2 The parties submit to the jurisdiction of the New Zealand courts and tribunals having jurisdiction over the relevant matter.
23. ENTIRE AGREEMENT
23.1 These Terms, together with the accepted Quote and any written variations agreed by the Company, constitute the agreement between the Company and the Customer regarding the Services.
23.2 Any variation to these Terms or the scope of Services must be agreed in writing by the Company.
23.3 Nothing in this clause excludes or limits any rights or remedies that cannot lawfully be excluded or limited.