Terms & Conditions of Service

Brief Description of Full Terms and Conditions of Service:
1. Payment in full is required within 7 days of work being completed (Payment on Completion is preferred).  Late payment may incur interest and/or Administration fees.
2. Quotes are valid for a period of 30 days.
3. Any variation to the written quote will be an additional cost.
4. Please be aware that when trees are removed it usually involves large tree sections falling from heights and use of heavy machinery, this will inevitably impact the surrounding environment, HRT will endeavour to safely minimise these impacts and rectify any damage, however it is unreasonable to anticipate no impact on the surrounding environment.  Should you require additional care be taken, we are more than happy to do so, please request it so that we can adjust the quote accordingly.

Preparing your site for tree work:
a) You must ensure that any items or moveable structures of value are removed from the vicinity of and access to the tree/s being worked on or suitably protected, this includes anything beneath or around the tree.
b) Please ensure your yard is clear of rubbish, loose debris and animal droppings for the safety of our staff member and your property.

5. All stump grinding and ground penetration activities requested may bring us within the vicinity of underground services, cables or pipes where damage may occur, it is the property owners "Duty of Care" to source the exact location of all underground services prior to the commencement of work.  Please contact your service provider/s as no responsibility will be accepted by HRT for any damage to services not located and identified to us prior to works commencing.
6. Council permission, if required, must be presented prior to the commencement of work.
7. All stumps not quoted for grinding will be cut to ground level or as close as possible unless specified.
8. All stump grindings will be left onsite unless specified.
9. Stumps may reshoot even when treated.  If additional treatment is required to stumps, additional costs will be incurred.
10, An administration fee will be incurred for al additional documentation required excluding insurance certificates of currency, which will be provided free of charge.
11. For clarification of any of these terms, please contact the office on 02 4933 2555.

TERMS AND CONDITIONS OF SERVICE

Agreement date is as per the date of accepting the quote for works to be scheduled.

BETWEEN THE SERVICE PROVIDER (“Service Provider”):
                           Hunter River Trees Pty Ltd (ABN 29 552 028 121)

            Of the following address:
                           PO Box 60, Lochinvar NSW 2321

AND THE CLIENT (“Client”):
                           Name of client as per quotation

            Of the following address:
                           Address of client as per quotation

BACKGROUND

The Client requires the services as described in the quotation agreement (hereinafter “The Services”) to be provided.

The Client wishes to hire an independent contractor to provide the Services to the Client.

The Service Provider agrees to provide the Services to the Client on the terms and conditions set out in this agreement.

OPERATIVE PROVISIONS

In consideration of the matters described above, and of the mutual benefits and obligations described in this Agreement, the receipt of which and the sufficiency of which are hereby acknowledged, the Service Provider and the Client hereby agree as follows:

DEFINITIONS

“ACL” means the Australian Consumer Law which is contained in the Competition and Consumer Act (Commonwealth)

“Agreement” means this Service Agreement (Quotation)

“Agreement Date” means the date the Quotation is accepted

“Claims” means any claims, losses, proceedings, damages, punitive damages, penalties, demands, fines and liabilities whether criminal, civil, in tort, in contract or otherwise

“Client” means the name on the quotation

“Commencement Date” means the date the quotation is accepted

“Confidential Information” has the meaning described in the “Confidential Information” clause of this agreement

“Fees” means fees paid by the Client to the Service Provider in accordance with this Agreement

“GST” means Goods and Services Tax imposed on a supply of goods or services in Australia, pursuant to the GST Law

“GST Law” means the same as in the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth)

“Losses” means any losses including but not limited to financial losses, expenses, damages, costs including legal fees, legal costs and other expenses of any nature whatsoever

“Party” means either the Client or the Service Provider

“Parties” means the Client and the Service Provider collectively

“Quotation” means the pricing scheduled that was issued by the Service Provider to the Client and has been agreed to

“Service Provider” means Hunter River Trees Pty Ltd

“Services” means the services to be provided by the Service Provider to the Client, the specific description of which is as described in this Agreement

“Termination Date” means the earlier of the date that this agreement is terminated by the Client or the Service Provider, or the date of the expiry of this Agreement, or the date in which the works are completed

INTERPRETATION

In this Agreement, unless the context otherwise requires, the following rules of interpretation shall apply:

Words referring to one gender include every other gender

Words referring to a singular number include the plural, and words referring to a plural include the singular

Words referring to a person or persons include firms, corporations, associations, partnerships, joint ventures, authorities, government bodies, organisations and other legal entities, and vice versa

Headings and titles are included in this Agreement for convenience only and shall not affect the interpretation of this Agreement

Each Party must, at its own expense, take all reasonable steps and do all that is reasonably necessary to give full effect to this Agreement and the events contemplated by it

Any obligation on a Party not to do something includes an obligation not to allow that thing to be done.

SERVICES
In consideration for the Client paying the Fees, and subject to the provisions of this Agreement, the Service Provider hereby agrees to provide the Client with the services as outlined in the Quotation
The Services may also include any other tasks which the Parties may agree on.

LOCATION OF SERVICES
The Services may be performed at a location as agreed between the Parties.

TIMING OF SERVICES
The Service Provider will commence providing the Services on Commencement Date (“the Commencement Date”)
The Services will be completed on a date to be agreed between the Parties

TERM
The term of this Agreement (“the Term”) will commence on the Agreement Date and will continue until the Services have been completed, or such other time as provided in this Agreement
The Term may be extended by written agreement of the Parties

PERFORMANCE OF SERVICES
The Services may be performed by the Service Provider personally, or by any employee, agents or subcontractors as chosen by the Service Provider in the Service Provider’s sole discretion
The Service Provider is responsible for any work undertaken by the Service Provider’s subcontractors, employees or agents
Any Services undertaken by the Service Provider’s subcontractors, employees or agents must be undertaken to, at a minimum, the same standards as set out in this Agreement

INSURANCE
The Service Provider must obtain all relevant insurance policies (“the Insurance Policies”), including but not limited to:

1. 1. All those insurance policies required by law; and
   2. Worker’s compensation insurance for any of the Service Providers workers; and
   3. Public liability insurance for a minimum of amount of $20,000,000.00

      Upon the request of the Client, the Service Provider must provide to the Client a copy of the Insurance Policies

CURRENCY
Unless otherwise specifically provided, all monetary amounts contained in this Agreement are in Australian Dollars (AUD)

FEES
In consideration for the Service Provider providing the Services in accordance with this AGrement, the Client agrees to pay fees to the Service Provider (“Fees”) as follows”

1. 1. A deposit, pauable by the Client on or before the Commencement Date in the amount of 20% of the total value
   2. The balance, payable by the Client by was of cash, EFT or Credit Card on the day of completion of the works
      The Parties acknowledge that the Fees are exclusive of any Goods and Services Tax (“GST”) that may be charges by the Service Provider and therefore that the Service Provider will be entitled to add GST to the Fees

ADDITIONAL COSTS
In addition to the Fees, the Service Provider may charge the Client for materials, costs and/or disbursements incurred in performing services that are additional to the scope of the original Quotation

INVOICING
The Service Provider must provide the Client with a tax invoice in accordance with the GST Law in relation to the Fees.
The Service Provider will be entitled to invoice the Client on completion of Services
Once the Service Provider provides a valid invoice in relation to the Fees (“The invoice”), the Client must make payment within 24 hours

LATE PAYMENT OF INVOICE
If the client does not make payment by the due date for payment as specified in the invoice, the Service Provider may charge interest on any amounts outstanding, at a rate of 10% per month, calculated monthly
If the Client dies not make payment by the due date for payment as specified in this Agreement, the Service Provider will refrain from providing any further Services until the invoice has been paid in full
If the Client does not make payment by the due date for payment, as specified in the invoice, the Service Provider will impose the following penalties:

1. 1. Debt recovery fees, Legal counsel fees and other associated fees, including the invoice and interest that is still accruing at the time, until the payment is made

CLIENT OBLIGATIONS

The Client:

1. 1. Must, at the Client’s own cost, take all reasonable steps to coorpoerate in good faith with the Service Provider during the period while the Service Provider is providing the Services to the Client, including by providing to the Service Provider any information or documentation that the Service Provider reasonably requires in order to provide the Services, and making available to the Service Provider any facilities, resources or personnel that the Service Provider reasonably requires in order to provide the Services
   2. Must ensure that the Client’s employees, agents and other contractors take all reasonable steps to cooperate in good faith with the Service Provider during the period while the Service Provider is providing the Services to the Client, including by making available all documentation, facilities, resources or personnel as required by the Service Provider, in accordance with this clause
   3. Will, in the event that the Client does not provide the information, documentation, facilities, resources or personnel or does not take any other steps to cooperate with the Service Provider as the Service Provider reasonably requires, within the time period that the Service Provider reasonably requires, be liable for any additional costs and expenses which are reasonably incurred by the Service Provider

QUALITY OF SERVICES
The Service Provider must perform the Services using reasonable care and skill for a Service Provider in its field
The Service Provider must ensure that any end products or materials given by the Service Provider to the Client under the terms and conditions of this Agreement will not infringe on or violate the safety or welfare of any of the Parties
This clause will survive the termination, expiration or completion of this Agreement

LIMITATION OF LIABILITY
The client may have certain right under the Australian Consumer Law (“ACL”), or under other similar or related consumer protection laws
The Service Provider takes all reasonable care to undertake works, as described in a safe and professional manner, however, If in cases of death or personal injury caused by a Party’s negligence, that Party’s liability in contract, tort or otherwise arising through in in connection with this Agreement or through or in connection with the completion of obligations under this Agreement, liability shall be limited to Fees paid by the Client to the Service Provider
To the extent it is lawful, neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation to any economic loss, data loss, loss of goodwill, or other loss of turnover, profits or business.
When the Client’s Statutory Rights apply, to the maximum extent possible, the Service Provider’s liability in respect of any claim is limited to, at the Service Provider’s option:

1. 1. The support of the Services again; or
   2. The payment of the cost of have the Services supplied again

The Service Provider’s failure to exercise or enforce any right or provision of this Agreement will not constitute waiver of such right or provision
This clause will survive termination, expiration or completion of this Agreement

WORKPLACE HEALTH AND SAFETY

1. The Client is committed to providing a workplace to its employees, agents, subcontractors, affiliates or other visitors which is healthy, safe and clean
2. The Client is committed to creating, motivating and maintaining a positive workplace culture, particularly in relation to workplace health, safety, welfare and wellbeing
3. The Client’s commitment to workplace health and safety may be reflected and implemented through various standards, procedures, guidelines and/or policies
4. The Service Provider must, at the Service Provider’s cost, comply with all relevant WHS Policies or any other standards and regulations in relation to workplace health, safety, welfare and wellbeing as required by the Client or by law

COMPLIANCE WITH LAW

1. 1. The Service Provider must, at the Service Provider’s own cost, comply with all laws which relate to or affect the Services, the Agreement or the Service Provider, including but not limited to regulations, legislation, delegated legislation, ordinances, rules, codes and any other requirements of any Federal, State or Local Authorities, bodies or government departments (“the Laws”)
   2. The Service Provider hereby indemnifies, keeps indemnified and holds harmless the Client against any actions, costs, charges, claims or demands in relation to breach of the Laws, unless the Client was advised that they are responsible for seeking approvals or exemptions for the Service to be undertaken
   3. This clause will survive the termination, expiration or completion of this agreement

ENTIRE AGREEMENT

1. 1. 1. The Parties agree that in relation to the subject matter of this Agreement, this Agreement represents the entire agreement between the Parties. The Parties confirm that no warranties, representations, conditions or collateral agreements affect this Agreement or the subject matter of this Agreement except as expressly provided in this Agreement
      2. The Parties each respectively agree that in entering into this Agreement, they did not do so in reliance on any representations, warranties or other provisions except for those which are expressly provided in this Agreement
      3. The Parties agree that any warranties, conditions or other terms implied by law are expressly excluded from this Agreement to the maximum extent permitted by law
      4. No amendment to or modification of this Agreement, and no additional obligations or obligations in relation to this Agreement or the subject matter of this Agreement, will bind any Party unless evidenced in writing and signed by both Parties

NOTICES

1. 1. Any notices, demand, request or other correspondence in relation to this Agreement, which is required or permitted to be given in writing will be deemed validly given to the Client if delivered to the email address or postal address of the Client
   2. Any notice, demand, request or other correspondence in relation to this Agreement, which is required or permitted to be given in writing will be deemed validly given to the Service Provider if delivered to the following address:
      1. PO Box 60, Lochinvar NSW 2321, OR,
      2. admin@hunterrivertrees.com.au
   3. Either Party (“the Nominating Party”) may nominate another address (“the New Address”) by notifying the other Party in writing of the New Address. Any notice, demand, request or other correspondence in relation to this Agreement, which is required or permitted to be given in writing will, after nomination of the New Address, be deemed validly given if delivered to the Nominating Party at the New Address

WRITTEN COMMUNICATION

1. 1. In relation to any correspondence or notification which is required under this Agreement to be provided in writing from one Party to the other Party:
      1. Such notice is properly given if given to the other Party:
         1. By email to an email address that the other Party has nominated, acknowledged or used in connection with the Services or this Agreement
         2. By post to a postal address the other party has nominated, acknowledged or used in connection with the Services or this Agreement
      2. Such notice is taken to be received:
         1. If sent by email when the email becomes capable of being retried by the recipient at the relevant email address
         2. If sent by prepaid post within Australia, five (5) days after the date of posting
         3. If sent by prepaid post to or from an address outside Australia, twenty one (21) days after the date of posting

TERMINATION

The Agreement may be terminated by the Service Provider if the client fails to pay any requisite Fees within one (1) day after the date they are due. The Service Provider may terminate the Agreement immediately, with no notice period, in writing

Aside from termination by the Service Provider in response to the Client’s failure to pay any fees, as set out in the preceding sub-clause hereof, this Agreement may be terminated by either Party, upon notice in writing:

• • • • • If the other Party commits a material breach of any term of this Agreement that is not capable of being remedied within thirty (30) days or that should have been remedied within thirty (30) days after a written request and was not;
        • If the other Party becomes unable to perform its duties under this Agreement, including a duty to pay or a duty to perform;

If the other Party or its employees or agents engages in any conduct prejudicial to the business of the other, or in the event that either Party considers that a conflict or potential conflict of interest has arisen between the Parties

If this Agreement is terminated before the expiration of its natural term, the Client hereby agrees to pay for all Services rendered up to the date of the termination, and for any and all expenditure due for payment after the date of termination for commitments reasonably made and incurred by the Service Provider related to the rendering of Services prior to the date of termination

Any termination of the Agreement under this clause shall not affect the accrued rights and liabilities of either Party under this Agreement or at law and shall be without prejudice to any rights or remedies that either Party may be entitled to

Any part of this Agreement which is meant to continue after termination or which is meant to come into force at or after termination shall not be affected by this clause

APPLICABLE LAW

This Agreement is subject to the laws of New South Wales and each Party submits to the jurisdiction of the courts of New South Wales.

SEVERABILITY

If any clause or sub-clause of this Agreement is held to be invalid or unenforceable, it is to be read down or severed such that the remaining clauses and sub-clauses will be enforced to the maximum extent possible.  In such circumstances the remaining provisions of this Agreement shall continue in full force and effect

SURVIVAL OF OBLIGATIONS

At the termination, expiration ro completion of this Agreement, any provisions of this Agreement which would by their nature be expected to survive termination or expiration shall remain in full force and effect, including by not limited to any provisions which explicitly state that they will survive termination or expiration.

EXECUTION AS AN AGREEMENT

This agreement is considered executed by the Client when they accept the Quote for works and agree for the works to be undertaken.

Signed for and on behalf of Hunter River Trees Pty Ltd in accordance with section 127(1) of the Corporations Act 2001 (Commonwealth) by being signed by Stephen Watson, one of its directors:

Stephen Watson, Director