Terms and Conditions

Arbor Direct Pty Ltd trading as Brisbane Tree Experts (BTE)

1. BTE will carry out the works set out in the Proposal on the terms and conditions provided hereunder and the Client has read and agrees to the Terms and Conditions.
2. The price for the works shall be that set out in the Proposal. Any variation or additional works shall attract a further charge, as discussed onsite or via phone by Client. In the unlikely event additional machinery and associated costs is required to finish works due to tree instability or safety, BTE will require Clients sign off to finalise works. Failure to sign off will still require full payment of original invoice. The only circumstances where any variation to terms will apply is where BTE has expressly agreed in writing to such variation. If there is any conflict with our terms of trade, they will take priority over any other terms of trade.
3. The Proposal is valid for 60 days. In the event the Client requires BTE to return to site for an additional or amended Proposal within 6 months of the initial Proposal then a charge of $198 (INC GST) for such further or amended Proposal will be incurred. In the event BTE must return to site as no fault of the client, no charge will be required. In the event that the Client wishes to proceed with works outside the 60 day validity period of the Proposal then between 60 days and 6 months from the Proposal date additional charges equal to 10% of the proposal amount will be applied in addition to the original amount quoted in the Proposal. Outside 6 months from the date of the Proposal the proposed works will be requoted and a new Proposal supplied.
4. A Proposal (free quote) from BTE must be for works directed by the client. BTE will provide preliminary feedback and opinions regarding work out lined. In the event the BTE consultant is asked to provide more than preliminary feedback (ie health assessments including diseases, infestations, tree ID and recommendations), a consultation fee will be applied (prices upon request from office)
5. Pricing within the proposal is on the basis that the works to be carried out by BTE are to be done within one (1) scheduled job visit, unless otherwise stated. In the event BTE are unable to complete works through no fault of their own in one (1) scheduled job visit due to access difficulties and/or foreign particles found within trees and/or stumps then BTE reserve the right to requote for the works remaining and provide a new Proposal.
6. BTE Proposals are based on risk, accessibility and complexity of trees. Crew size may vary onsite on any part of a Clients job. Proposals are not a reflection of crew size but a reflection of the nature and extent of works required.
7. When scheduling the Clients work with BTE, a 50% deposit is required via credit card that will be processed at the time of booking. The balance will be charged on the card on job completion. If no credit card is available a 50% payment via direct deposit is required and the balance is required three (3) days prior to commencement. Proof of deposit is required in the form of EFT receipt emailed to mailto:admin@brisbanetreeexperts.com.au. All other payments outside terms and conditions to be approved at the discretion of BTE management.
8. It is the Clients responsibility to move any plants or furniture as BTE does not accept responsibility for damage as a result of moving such items. The Client is also responsible for providing a clean working environment (for example, free of rubbish and/or animal waste) for BTE to commence work. In the event that BTE has to clean the site then further costs will be incurred.
9. Information provided in this Proposal is only applicable to the items examined and reflects the condition of those items at the time of inspection. Changes to the items condition or surrounding infrastructure may invalidate this Proposal. The inspection is limited to visual examination without dissection, excavation or probing of accessible components. There is no warranty, expressed or implied that problems or deficiencies of the plants and property included in this Proposal may not arise at some point in the future.
10. All visual aids such as sketches and diagrams provided with this Proposal are not to scale and should not be used to construct engineering or architectural reports or surveys.
11. The Client shall give BTE access to the site address at all such reasonable times as may be required by BTE to carry out the required works. All materials chipped/mulched onsite are the property of BTE. Chip/mulch will be left onsite at the Client’s request only if safe to do so, (e.g. level ground to tip truck, no overhead power lines etc.) Whether or not the chips/mulch are removed from the site or left on site shall not alter the final price of the contracted works and no adjustment will be made in respect thereof.
12. Any legal titles and ownership of property are assumed to be held by the Client unless BTE is advised otherwise. It is the Clients responsibility to ensure any permits required to access and carry out works on the property are given, in writing, to BTE by the legal owner of the property prior to works commencing.
13. The Client warrants that the property/project are not in breach of any applicable codes, ordinances or other government regulations. Any council permits required for works to be carried out are to be obtained by the Client and provided to BTE prior to works commencing.
14. All due care has been taken by BTE to ensure information has been obtained from reliable sources, however, BTE can neither guarantee nor be responsible for the accuracy of the information provided by aforementioned sources.
15. Where it is stated trees will be cut to the ground level, this means as close to the ground as possible without causing damage to equipment.
16. BTE shall not be liable for any loss or damage caused in accessing the site beyond the reasonable control of BTE. This includes (but is not limited to) any costs borne by BTE in relation to recovery of vehicles/machinery resulting from the instability of grounds and/or surfaces which BTE access to carry out the tree works.
17. BTE will use due care to minimise any wood marks or scratches to driveways and/or property but does not take responsibility for such wood marks or scratches.
18. BTE prunes trees to the Australian cutting standard AS 4373 Pruning of Amenity Trees. Variations to the standard are at Clients request.
19. BTE will not take any responsibility for any tree that has been topped or lopped at the Clients request, which is done without our recommendation.
20. BTE shall be under no liability to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by BTE of this agreement.
21. In the event of any breach of this agreement by BTE the remedies of the Client shall be limited to damages. Under no circumstances shall the liability of BTE exceed the price of the works.
22. Stump grinding or stump excavation is not included in the cost of the removal unless otherwise stated. Stumps will be ground to a point below ground level, however steel spikes, other types of metal embedded in the stump and unforeseen difficulties with the terrain and/or access surrounding the stump may result in incomplete stump grinding. Whilst all due care is taken, BTE does not accept responsibility (beyond its reasonable control) for damage sustained to doors, windows or any other property from stump grinding debris. BTE does not take any responsibility for damage sustained to underground cables/lines, pipes or plumbing resulting from the stump grinding/excavation. In the event pipes or plumbing is damaged all effort will be made to contact the client immediately and services turned off where applicable. Grinding material stays onsite unless otherwise discussed.
23. The removal of all associated brush (tree debris) if stated in the Proposal refers only to the brush related with the removal of the tree or trees and does not include debris already on the property or the debris resulting from any stump grinding carried out.
24. If the associated brush or log is to be left on site at the Clients request, the Client is responsible for the remaining debris.
25. All bookings are subject to weather conditions. Inclement weather may result in bookings being rescheduled. Whilst every effort is made to anticipate weather related cancellations, BTE may need to reschedule bookings without prior notice. BTE will not be liable for any failure or delay caused by force majeure, inclement weather or any other delay outside the control of BTE.
26. Cancellation of bookings must be made one (1) full business day to scheduled job commencement. Cancellations received inside of one (1) full business day will incur a fee of $688 (INC GST) or the value of the job if under $688 (INC GST)
27. In the event BTE crew presents to site as per scheduled works, any issues relating to delays commencing with works beyond the control of BTE (including access), a minimum fee of $1375 (INC GST) or value of job up to minimum fee will be incurred by the Client.
28. Site inductions and online inductions required by the Client are not included within the price of this Proposal, unless otherwise stated. Such site inductions and online inductions will incur an additional charge of $344 (INC GST) per half hour or part thereof.
29. All accounts are to be paid in full upon completion of works on the day unless other arrangements have been made prior to commencing. Real Estate Agents, Schools, Colleges, Maintenance and Construction Companies are to pay accounts within 7 days.
30. In the event payment is not received within 2 days of the original due date (as shown on invoice), the Client may incur a late fee of 10% which will be added to the invoice price on the 4th day post due date and thereafter interest shall be incurred on overdue payments daily at the rate of 10% per annum from date of due payment until eventual date of payment.
31. The client will be liable to BTE for any costs and disbursements incurred by BTE in pursuing recovery of the debt including legal costs on an indemnity basis and any collection agency costs.
32. Words denoting the singular shall include the plural and works noting the masculine shall include the feminine and vice versa. Where the client consists of more than one person, the persons shall be jointly and severally liable.
33. In the event that any of the provisions or conditions or part thereof herein cannot be given effect or full force and effect by reason of any statutory invalidity, uncertainty or otherwise the said provision or conditional part thereof as the case may be shall be severed, ignored or read down restrictively to maintain and uphold so far as possible remaining conditions and provisions hereof.