TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS OF BUSINESS
We are very keen to provide a quality service and a high level of customer satisfaction. Please take a few minutes to read the information below as this forms the Terms and Conditions of our Contract. Further information about the company is available on our website www.grandview-gardens.com.au.
Acceptance of the contract and programming of the work
When you accept the quotation, we will start the work planning process which may include dealing with permissions from the Local Authority if required. We will advise you of the estimated start and completion date for your work. All customers are entitled to a statutory 10 business working days cooling off period following acceptance of the quotation and after this period, in the event of a cancellation at short notice, we may charge a percentage of the quotation to cover our costs.
Information provided by you
You warrant that the name, address and any other information provided by you at the time of the quotation will be correct and you agree to notify us of any changes in the name, address and any other relevant details.
You warrant that you possess the legal right and ability to enter into Contract with us and to use our services in accordance with this Contract.
Standard of Work
All work shall be completed in line with AS 4373:2007 (Pruning of amenity trees) and AS 4970:2009 (Protection of trees on development sites) where appropriate, unless otherwise specifically instructed by the customer.
Stump Grinding
Stump grinding is normally carried out within a few days of the felling rather than on the same day. We will call you to arrange a convenient time to undertake this work.
We will grind the main stump and any large lateral roots in the main area of the stump. Stump grinding does not include the removal of roots visible or not visible outside unless otherwise specified.
Please be aware, that stump grinding area may be limited due to the machine access and surrounding obstructions such as fences, pavers, concrete, underground services or other vegetation.
Stump grinding mulch is left on site and used to backfill the hole left by grinding away the stump, as it decomposes rapidly. Please be aware that larger stumps may result in excess mulch being left on site. The excess mulch can be removed from site upon customer’s request, however this will have to be agreed prior to work being undertaken and it may incur an additional cost.
Crown Reduction
This operation reduces the overall size of the crown. To avoid ambiguity, the specified end result will be stated either as the tree-height and branch-spread which are to remain, or the average equivalent in branch length (in metres). End results shall be specified for individual branches if the growth pattern of the tree creates a need for this, or where clearance from a specific object is required.
Crown Thinning
In crown thinning, an even density of foliage is removed to create a well-spaced and balanced branch structure which could, if required, provide an adequate framework for a possible future crown reduction. If the objective is to lessen the overall loading on a defective branch or stem, crown reduction and reshaping should be chosen in preference to crown thinning. The percentage of the leaf-bearing twig structure to be removed in crown thinning should be kept to the minimum required to achieve the objective and, in any case, should not exceed 30%. The percentage shall be stated in the work specification. Material shall be removed systematically from throughout the tree rather than from the inner crown only. Cutting branches back to the main stem will generally be avoided, although structurally weak or hazardous branches shall be removed if there is no alternative.
Generic Tree Work
“Cut to ground level” refers to a tree being cut down as low as possible with a chainsaw, usually leaving the stump 2-4cm high above the ground level. The chainsaw operator will determine how low it is possible to cut the stump without causing damage to the equipment used.
Some complex situations may require a stump to be left higher. This will be discussed with the customer.
All arisings derived from the tree during tree surgery operations such as parts of stem, branches, bark and other woody materials including foliage will be cleared off site unless otherwise specified by the customer.
Logs that are requested to be left on site by the customer post tree operations will be cut into manageable pieces unless otherwise specified/agreed in the quotation.
Logs that are left on site at customer’s request will not be moved unless otherwise specified/agreed in the quotation.
Site Conditions
The Contract price is based on the site conditions existing at the time of the preparation of the quote/estimate and remaining unchanged. Any alterations that affect access or ability to complete the contract in the estimated time frame may result in re-quoting the work and formation of a new contract.
The customer will permit Grandview Gardens QLD Pty Ltd and its contractors full access to the site at the time that is mutually agreed to carry out such work. The customer is responsible for keeping the site free and clear of other people, children and animals/pets during the works.
The customer agrees to poop scoop the work area before the works start for health and safety reasons, if they own a pet. Our team is within their rights to refuse to work in areas where there is a risk of contamination from pet waste.
If work is to be carried out at a property that is not owned by you, we will require a written consent from the site/property owner.
The customer acknowledges that some minor disruption is to be expected such as wear of grassed areas, minor plant disturbance and sawdust.
If debris from the proposed work is to be cleared through a garage or the side ally of a property, please clear a suitable passageway and remove all movable objects.
Contract Amendments
Amendments to the Contract must be made in writing to Grandview Gardens QLD Pty Ltd.
All quotations concerning tree related activities have been made on a basis of visual inspection from the ground. If during the scheduled works the contractor discovers any defect not previously detected at the time of quotation, that could pose a risk of harm to a person, animal or a property, the works will stop immediately. Any remedial works or amendments will be discussed with the client and any variation to the original quotation will be provided in written form.
Please ensure you read the content of the quotation carefully and discuss any discrepancies, questions or missed off items with the office prior to accepting the quotation. If you require any additional works to be added to the quotation on the day of scheduled work, we will provide you with an amended quotation in writing to seek your acceptance. We will only carry out any additional requested works on the day if they are agreed by you and if our work schedule allows us to do so. Some requests may not be possible on the day due to permit requirements.
Force Majeure
Grandview Gardens QLD Pty Ltd shall not be liable in damages or otherwise because of non-performance of a Contract arising on account of adverse weather conditions, strikes, lockouts, war and civil commotion; or lack of adequately skilled labour due to causes beyond our control. Further, we retain the right in such circumstances to cancel the Contract in whole or in part. Completion dates shall be contingent upon weather conditions.
Cancellations
You are entitled to cancel your contract with Grandview Gardens QLD Pty Ltd within 14 days of the date of acceptance. Cancellations must be submitted in writing.
The cancellation period will not apply to urgent or emergency works, or other such work undertaken at a short notice.
Contracts that are cancelled part way through the works will be invoiced at the rate proportionate to the amount of works completed.
Contracts that have been fully completed within the cancellation period cannot be cancelled and are subject to full payment.
Complaints
Any complaints, which may arise from work performed under any contract must be made in writing within 7 days from the date of invoice, unless agreed in writing to the contrary.
Quotes, Invoices and Payments
We agree to perform the work in a competent manner and in compliance to the specification and price contained in our quotation.
Quotes & Prices
All quotes/estimates are valid for 30 calendar days from the date of issue.
We reserve a right to withdraw and re-quote the works upon the expiry of the quotation, unless otherwise agreed in writing on acceptance of instructions from the customer.
Quotes/estimates are based on the information provided by the customer, therefore they may be subject to change should the customer’s requirements change at any time.
Quotations for felling are based upon the assumption of trees being free from metal, stone or other hidden obstructions. In the event of a tree being impossible to fell in the normal way, Grandview Gardens QLD Pty Ltd reserves the right to re-quote accordingly.
Invoices & Payments
All contracts and instructions are accepted on the basis of payment of full invoice price within 24 hours of the invoice issue date.
Invoice payment terms are strictly the same day upon the completion of the works and receipt of an invoice, unless otherwise agreed in writing with the customer. Invoice remainders are emailed at 3, 7 and 10 day intervals after the invoice due date unless the invoice has been settled in full.
We reserve a right to charge a set late fee for any overdue invoices that are not paid in full within 14 calendar days of the first invoice issue.
Should the invoice remain unpaid after the period of 14 calendar days, we reserve a right to refer the account to the debt collection agency. All additional costs and fees involved in the collection will be added to the original contract cost and be payable by you.
If we incur any costs as a result of the customer’s neglect or default, Grandview Gardens QLD Pty Ltd may charge those costs to the customer in addition to the contract price.
When a payment is overdue, we may suspend any further work or service without notice and without prejudice to any other legal remedy until due payment has been made. Furthermore, any work started but incomplete may be suspended and payment therefore becomes immediately due and payable, notwithstanding anything expressed herein, and any monies in respect of.
We may require a deposit payable of at least 30% of the quote/estimate total prior to proceeding with works, particularly in the situation of large or complex projects. Where a deposit is required, the balance shall be due upon completion of the work, unless otherwise agreed in writing in advance.
If your payment is returned by the bank as unpaid for any reason, you will be liable for a charge of $30 for each occurrence.
Goods and Services tax
All invoices are subject to Australian Goods and Services Tax (GST) at the current 10% rate, unless valid exemption certificate is provided.
All payments must be made in Australian Dollars only.
Protected Species and Vegetation
Any scheduled works taking place will be carried out in accordance with the Brisbane City Council’s Natural Assets Local Law 2003 (NALL) in regard to tree and vegetation protection, Nature Conservation Act 1992 (QLD) and Nature Conservation (Wildlife) Regulation 2006 (QLD) in regard to wildlife protection.
Your property may have protected vegetation if it:
is located near or in the Brisbane River or a waterway corridor
is located in a bushland area or rural area
contains large individual trees in an urban area
has heritage values.
Protected vegetation under the NALL includes protection of the trunk, the canopy, foliage, flowers and the root zone. Trees are identified regardless of the current land use or proposed future land use. As well as vegetation protected under the NALL, vegetation can also be retained through development conditions, heritage provisions or covenant conditions. Further information on a protected vegetation can be found on Brisbane City Council’s website on the link https://www.brisbane.qld.gov.au/laws-and-permits/laws-and-permits-for-residents/protected-vegetation/types-of-protected-vegetation.
Upon the acceptance of the quotation, Grandview Gardens QLD Pty Ltd will check with the local authority any relevant vegetation protection on your behalf. If a work permit is required prior to works starting, we will discuss your options with you. Additional costs will be charged that are associated with obtaining the permit on your behalf. If you decide to seek the permit without our assistance, we will require a copy of a valid permit from you once obtained for our records in order to proceed with the works.
Underground and overhead services
Although every reasonable effort shall be made to locate the presence of underground services, unless a plan showing the exact location of underground pipes, wires or cables has been forwarded to us by the Owner of the land or his agent prior to the formation of the Contract.
We shall be under no liability for any damage caused as a result of work performed under the Contract to such pipes, wires or cables, or for any damage to property resulting there from, and the Owner of the land or his agent shall be solely liable for any such damage.
Any charge for the removal of power lines or telephone cables shall be the responsibility of the Owner, unless otherwise agreed in writing with us. It is customer’s responsibility to make Grandview Gardens QLD Pty Ltd aware of any underground services such as electricity, water, gas, telephone, irrigation or similar prior to any stump grinding.
All notifications of underground services locations must be made in writing to Grandview Gardens QLD Pty Ltd upon the acceptance of the quotation. The location of such services can be obtained from Dial Before You Dig, visit https://www.1100.com.au/ for more information.
Insurance
All works carried out by Grandview Gardens QLD Pty Ltd are covered by a $20,000,000 Legal Liability to Third Parties and Public Liability Insurance for bodily injury and/or property damage arising from the Insured’s Business following an accident or occurrence.
A confirmation of the cover may be provided upon request at the time of quotation.
FREQUENTLY ASKED QUESTIONS
Will my neighbours be affected?
Sometimes it is necessary to have access to a neighbouring property, particularly when branches overhang. It would be very helpful if you could inform your neighbours of your intention to carry out the work and the date on which this will take place.
We also advise that whenever possible or practical, it is best to advise neighbours that tree work is going to be carried out. With respect of the noise levels of some machinery that may be used we feel this is particularly important if there are people who work shifts or have young families.
Do I need to protect my walls or lawns?
Whilst we will operate with care and diligence often our work entails carrying of large amount of material over lawns and alongside the house. Please make sure that vulnerable surfaces (such as white walls) are adequately protected and that fragile objects (such as pots, containers, garden furniture, garden ornaments or any other movable objects etc.) are moved away from the work area prior to the start of the works. We will be happy to help you move heavier objects upon request on the day.
Lawns tend to recover rapidly but very wet weather can give rise to very muddy conditions. We are able to provide boards to protect the lawn. However, this is not a standard procedure and may incur an additional cost. If in doubt, please discuss with us in advance.
If the trees to be worked upon are near your drive, a neighbour’s drive or an area where cars, motorbikes, caravans, boats etc. may be parked or stored, arrangements should be made to move them prior to the commencement of work to avoid damages.
What time will the team arrive?
Most jobs are completed efficiently and on time. However, occasionally a job will over-run or the weather will prevent us from working to time. The earliest time we will arrive is 7:00am unless otherwise agreed. However, in the case of smaller contracts, we are not able to estimate an arrival time until late afternoon of the previous day and can only then advise either am or pm arrival. We will of course make every effort to please clients who particularly require a morning or afternoon visit.
Do I need to treat the stump after felling?
We can provide an advice on products, you may wish to purchase from garden centres that can be used to treat stumps to prevent re-growth. No guarantee can be given as to the efficiency of a pesticide after application, due to conditions beyond our control. Alternatively, the stump may be ground out completely to prevent any further re-growth.
Do you take the waste away?
Most customers these days require removal of all arising waste material from site and this will normally be specified in the quotation. However, woodchip makes useful garden mulch and we are increasingly finding clients requesting that the mulch is left on site for their own use. Timber can be left on site in manageable sized logs as per customer’s request or prior agreement. Stump grinding mulch will remain on site, unless otherwise specified.