BEAVER TREE SERVICE TERMS AND CONDITIONS OF TRADE
1. DEFINITIONS
1.1. “Contractor” means BEAVER TREE SERVICE including Beaver Tree Service Ltd, Beaver Trees Manawatu Ltd, Beaver Trees Wellington Ltd, Beaver Trees Taupo Ltd, Beaver Trees Wairarapa Ltd and any company which is directly or indirectly a subsidiary of BEAVER TREE SERVICE and any duly authorised agent.
1.2. “Client” means the person, authorised agent or legal entity described in the application, or stated on the invoice or order form, buying services from the Contractor BEAVER TREE SERVICE.
1.3. “Services” shall mean all services supplied by the contractor to the client and includes any recommendations or advice.
1.4. “Price” shall mean the price of the services and any other costs.
2. ACCEPTANCE
2.1. Any instructions received by the contractor from the client for the supply of services shall constitute acceptance of the terms and conditions contained herein.
2.2. No agent or representative of the contractor is permitted to make any such agreements, representations, conditions or warranties not expressly confirmed by the contractor in writing.
3. PRIVACY ACT 1993
3.1. The client permits the contractor to collect, use and retain any information concerning the client, for the purpose of assessing the clients credit worthiness, to enforce any rights under this contract, or the marketing of any services provided by the contractor to any other party.
3.2. The client permits the contractor to disclose information obtained to any other person for the purposes set out in clause 3.1.
4. PAYMENT TERMS
4.1. Once services are ordered payment shall be made for services according to the terms and conditions stated herein whether or not the services have been carried out and this contract cannot be cancelled except where allowed by law.
4.2. Payment for services shall be made in full on or before the 7th day following date of invoice, or on completion of the services being carried out.
4.3. Interest at the rate of 1.25% per month above the current overdraft rate, which we have with our principal registered bank or part thereof may be charged on any amount owing after the due date.
4.4. Any disbursements expenses and legal costs incurred by the contractor for default in payment shall be paid by the client, including any debt collection agency fees, court costs or solicitor’s fees.
4.5. An administration fee of the greater amount of $25.00 or 10% of the amount overdue will be payable 30 days after due date.
4.6. Payment will be accepted by electronic banking, Credit Card (2.5% Charges will apply) or by any other method as agreed in writing by the contractor.
5. PRICE
5.1. Prices unless otherwise stated, do not include goods and services tax, other taxes, levies or tariffs, exchange rate fluctuations, freight or insurance charges, which if applicable, will be an extra charge to the client.
5.2. Price will be specified on the quotation valid for 30 days or on the invoice.
6. LIMITATION OF LIABILITY
6.1. The contractor shall not be liable for any loss of profits, or any consequential indirect loss, or damage of any kind arising directly or indirectly from any breach of the contractor’s obligation under this contract or in tort.
7. NON-WAIVER
7.1. Failure by the contractor to enforce any of the terms & conditions contained in this contract shall not be deemed to be a waiver of any of the rights the contractor has in this contract and is not liable for any indirect loss or expense to the client.
8. FORCE MAJEURE
8.1. The contractor shall not be liable for failure or delay to perform its obligations if the delay or failure is beyond its control.
9. CONSUMER GUARANTEES ACT 1993
9.1. The guarantees contained in the Consumer Guarantees Act 1993 are excluded if the client acquires services from the contractor for the purposes of a business.
10. JURISDICTION
10.1. The contact shall in all respects be deemed to be a contract made in New Zealand and New Zealand law shall govern the validity, construction and performance of the contract.
11. PERSONAL PROPERTY SECURITIES ACT 1999
11.1. The client agrees that the provisions herein constitute a Security Interest in Personal Property (as those terms are defined in the Personal Property Securities Act 1999 (“PPSA”) in respect of which the contractor may register a financing statement on the Personal Property Securities Register.
11.2. The client hereby waives its rights contained in sections 116, 119, 120(2), 121, 125, 126, 127, 129, 131, and 132 of the PPSA.
12. ASSIGNMENT
12.1. The client shall not assign all or any of its rights or obligations under this contract without the written consent of the contractor.
13. CANCELLATION
13.1. The contractor may cancel these terms and conditions or cancel the service by giving written notice. The contractor shall not be liable for any loss or damage arising from such cancellation.
13.2. The client may cancel services at the contractor’s sole discretion and will be liable for any costs incurred by the contractor.
14. WARRANTY
14.1. Any fault in workmanship will lead to the client notifying the contractor within 7 days.
15. PERSONAL GUARANTEE OF DIRECTORS OR TRUSTEES
15.1. If the client is a company or trust, the director(s) or trustee(s) signing this contract, in consideration for the contractor agreeing to supply services and credit to the client at their request, also sign this contract in their personal capacity and jointly and severally personally undertake as principal debtors to the contractor, the payment of any and all monies now or hereafter owed by the client to the contractor
and indemnify the contractor against non-payment by the client. Any personal liability of a signatory hereto shall not exclude the client in any way whatsoever from the liabilities and obligations contained in this contract. The signatories and client shall be jointly and severally liable under the terms and conditions of this contract and for payment of all sums due hereunder.
16. CONSTRUCTION CONTRACTS ACT 2002
16.1. This clause constitutes agreement by the contractor and the client on all of the mechanisms referred to in section 14 of the construction contract act 2002.
16.2. As part of any invoice (where applicable) the contractor may serve a “payment claim” on the client as that term is defined in the construction contracts act 2002.
16.3. Where the contractor submits a payment claim the client may respond to the payment claim by providing a “payment schedule”, as that term is defined in the construction contracts act 2002. The payment schedule must be provided within 20 days of the date of receipt of the payment claim.
16.4. If the client does not respond to a payment claim by providing a payment schedule within 20 days of the date of the invoice then the client becomes liable to pay the claimed amount in the payment claim. If a payment schedule is provided before the expiry of the said period then the client becomes liable to pay the scheduled amount in the payment schedule to the contractor provided however that this does not in any way restrict or limit the contractor’s right to refer to dispute resolution under these terms and conditions, or under the construction contracts act 2002, or by any other means available to the contractor, any disputed part of the payment claim as set out in the payment schedule.
16.5. Unless otherwise agreed, where the contractor serves a payment claim, the client will pay the amount it becomes liable to pay under this clause within 20 days of the date of the payment claim.
17. MISCELLANEOUS
17.1. If anything in this agreement is unenforceable, illegal or void it is severed and the rest of this agreement remains in force.
17.2. The client may not claim any counter claim or set-off against any payments due by it to the contractor.
17.3 The contractor may license or sub-contract all or any part of its rights and obligations without the client’s consent.
17.4. Written consent is required before any work will be carried out on a neighbour’s property.
17.5. Amendments to the services described and the price provided for in the quotation must be made in writing and agreed upon by both parties.
17.6. The minimum charge is $250 plus GST for tree work or $120 plus GST for stump removal.
17.7. Quotations for felling are based on the assumption that trees are free from hidden obstructions and the contractor reserves the right to re quote if later discovered.
17.8. Where a tree is quoted to be removed, it will be removed to as near ground level as possible where free from obstructions, i.e. posts, fences, concrete, wire etc.
17.9. Stump grinding involves the removal of the tree stump to a depth of 200mm but does not include the removal of lateral roots or stump chippings, unless specified in writing.
17.10. In the event of an unforeseen obstruction of any tree or stump, the contractor reserves the right to halt work. The client will be liable for all costs incurred. The contractor reserves the right to requote.
17.11. Damage to any underground services including but not limited to power, water, internet, phone, irrigation, sewer and drainage pipes shall be the responsibility of the property owner.
17.12. Firewood left on site will be left in rings, but not split, unless specified in writing. Wood will be left at the base of the tree being removed unless stated otherwise and agreed upon.
17.13. It is the client’s responsibility to identify any boundaries and protected trees on the property and gain the necessary consents before instructing the contractor.
17.14. The contractor reserves the right to review and change these terms and conditions at any time and will notify the client of this in writing at which time the changes will take effect.
17.15 If we have given you a date for Completion, that date is approximate only. We give no warranty that Completion will occur on or before that date.
17.16 We may unilaterally extend the date for Completion for any reason outside our control. »
