Terms of Trade
Terms of Trade
TERMS AND CONDITIONS FOR ARBORICULTURE, TREE WORK AND VEGETATION MANAGEMENT
QUOTE VALIDITY AND ACCEPTANCE
Unless stated otherwise, this quotation is valid for 30 days from its date. Acceptance of this quotation confirms that the client has read and accepted these Terms and Conditions. Acceptance may be provided in writing, electronically, verbally, by instructing Hardfell Ltd to schedule or begin the work, or by otherwise acting consistently with acceptance.
PRICES AND GST
All prices are in New Zealand dollars and exclude GST unless expressly stated otherwise. GST will be added at the applicable rate. The quotation is based on the information available and the site conditions reasonably apparent when it was prepared.
PAYMENT TERMS
Unless otherwise agreed in writing, residential accounts are due within 10 working days of the invoice date. Approved commercial accounts are due on the 20th of the month following the invoice date unless different terms are stated. Payment must be made to ASB, Hardfell Ltd, account 12-3136-0367323-00, quoting the invoice number.
DEPOSITS AND PROGRESS PAYMENTS
Hardfell Ltd may require a deposit, advance payment of third-party costs or progress payments. This may apply to large or short-notice work and work involving cranes, traffic management, hired machinery, specialist consultants, permits, subcontractors or specially ordered materials.
OVERDUE ACCOUNTS
Hardfell Ltd may charge interest on overdue amounts at 1.5% per month, calculated daily. The client must also pay reasonable debt-recovery costs, including collection agency and legal costs. Hardfell Ltd may suspend further work after giving reasonable notice.
SCOPE OF WORK
The price covers only the work and inclusions expressly described in this quotation. Unless expressly included, the price excludes resource consents, specialist reports, utility shutdowns, close-approach permits, traffic management, parking suspensions, crane or EWP hire, reinstatement, planting, stump grinding, below-ground root removal and disposal of material not produced by Hardfell Ltd’s work.
VARIATIONS AND ADDITIONAL WORK
Changes to the scope, method, timing or site requirements are variations. Wherever reasonably practicable, variations and their price or charging basis will be agreed before additional work is undertaken. Approved variations may be charged at the agreed price or, where no fixed price has been agreed, at Hardfell Ltd’s applicable labour, plant, material and subcontractor rates.
UNFORESEEN CONDITIONS
The quotation assumes that the trees and worksite are free from hidden or undisclosed hazards. These may include metal, wire, concrete, stone, concealed decay, unstable trees, wildlife or nests, hazardous materials, underground structures, soft ground, restricted access, parked vehicles or altered site conditions. Hardfell Ltd may pause the affected work and propose a variation if these conditions change the safe method, resources, duration or cost of the work.
SITE ACCESS AND PREPARATION
The client must provide safe, lawful and reasonably unobstructed access for the agreed workers, vehicles and machinery. Unless agreed otherwise, the client must remove vehicles, furniture, play equipment, animals and other movable property from the work area. If access or preparation is unavailable at the scheduled time, Hardfell Ltd may postpone the work and charge the reasonable costs caused by the delay.
UNDERGROUND AND CONCEALED SERVICES
The client must disclose all known underground, overhead and concealed services and provide accurate plans or markings where available. Hardfell Ltd will take reasonable care around properly identified services but is not responsible for damage caused by inaccurate, incomplete or undisclosed service information, except where the damage results from Hardfell Ltd failing to exercise reasonable care and skill.
DRIVEWAYS, SURFACES AND STRUCTURES
The client must identify known weight restrictions, fragile surfaces, septic systems, retaining structures, underground tanks and access restrictions. Hardfell Ltd will take reasonable care and use agreed protection where practicable. The client accepts the ordinary risk of marking, rutting or surface disturbance that cannot reasonably be avoided using the agreed work method.
OWNERSHIP, BOUNDARIES AND THIRD-PARTY PERMISSION
The client confirms that they are authorised to approve the work. The client must accurately identify property boundaries and tree ownership and obtain all necessary permission from owners, neighbours, occupiers, landlords, body corporates or other affected parties before work begins.
CONSENTS, PROTECTED TREES AND APPROVALS
The client must disclose any known consent notices, covenants, easements, protected-tree status or other legal restrictions. Unless expressly included in the quotation, the client is responsible for obtaining all required consents, approvals and permissions. Hardfell Ltd may refuse or stop work it reasonably believes may be unlawful or inconsistent with an approval.
POWERLINES, TRAFFIC MANAGEMENT AND PUBLIC SAFETY
Work near electricity assets, roads, footpaths or public areas may require utility approval, isolation, close-approach controls, traffic management, permits, barriers or additional personnel. Unless expressly included, these requirements and third-party costs are excluded from the quoted price and will be treated as a variation.
HEALTH, SAFETY AND WEATHER
Hardfell Ltd controls its work methods and operational area and may exclude people from that area. The client must ensure occupants, visitors, children, pets and other contractors follow all reasonable safety directions. Hardfell Ltd may postpone, suspend or alter work because of weather, saturated ground, fire risk, wildlife, unsafe conduct, equipment failure, access restrictions or other unsafe or unlawful conditions.
DEBRIS AND STUMP GRINDING
Tree material will be removed, processed or left on site as described in the quotation. Stump grinding is limited to the stated stump and depth and does not include complete root removal. Grinding may be restricted around services, structures, rocks or other obstructions. Soil, seed, planting, paving and other reinstatement are excluded unless expressly included.
CANCELLATIONS, POSTPONEMENTS AND DELAYS
The client must provide cancellation or postponement notice as early as possible. Where Hardfell Ltd has already committed labour, machinery, subcontractors, traffic management, permits or other resources, the client must pay the reasonable and unavoidable costs incurred. If a crew attends but cannot begin or continue because access, authority, information or agreed site preparation has not been provided, reasonable travel, waiting time and committed third-party costs may be charged.
DAMAGE, LIABILITY AND INSURANCE
Hardfell Ltd maintains appropriate business insurance and will take reasonable care when completing the work. Each party is responsible for loss or damage to the extent caused by its own breach, negligence or failure to meet these terms. Hardfell Ltd is not responsible for pre-existing defects, inherent tree or site conditions, or normal and unavoidable disturbance associated with the agreed work method. Nothing in these terms excludes liability that cannot lawfully be excluded.
CONSUMER AND BUSINESS TRANSACTIONS
Nothing in these terms limits rights available under the Consumer Guarantees Act 1993, Fair Trading Act 1986 or other applicable law where those rights cannot lawfully be excluded. Where services are acquired for business purposes, the parties agree to contract out of the Consumer Guarantees Act 1993 and the permitted provisions of the Fair Trading Act 1986 to the extent allowed by law.
COMPLAINTS AND DISPUTES
The client must notify Hardfell Ltd promptly of any concern and provide a reasonable opportunity to inspect and, where appropriate, remedy the issue. The parties will first attempt to resolve disputes through good-faith discussion. If unresolved, either party may propose mediation before commencing court proceedings, except where urgent relief, debt recovery or another statutory process is required. New Zealand law applies.