Contract Your acceptance of our written Quotation (which you agree may be implied from your authority for us to enter your property to undertake the works) is your acknowledgment of receipt and acceptance of the terms of the Quotation.

Insurance All employees are covered by current Employees Compensation. We are insured for personal injury and property damage liability. Copies of these insurances can be made available on request.

Safety Whilst we are fully insured, you agree to adhere to the guidelines we follow, and you will comply with all directions we give you to enable us to undertake the work. All onlookers within the vicinity of the works being performed must remain at a safe distance (as always designated by us) from the worksite. Additional charges may apply in the event that work is required to stop or be delayed due to anyone failing to follow our directions including if someone enters the worksite or for any reason beyond our control. You warrant that you are not aware of any, thing, fact or circumstance that is or could give rise to any danger to us.

Tree Care Standards All tree works will be carried out in accordance with the Australian Standard AS4373.

Quotation Quotations are valid for 30 days from the date shown on the quotation unless otherwise stated by us. You acknowledge that any alterations you may request to be made to this quotation may require a new quotation and a delay in undertaking the works. Alterations to a quotation will only be considered up to the time of Quotation acceptance. No changes can be made to a Quotation once it has been accepted although we may at our absolute discretion accept directions from you at the time of undertaking the works which may be a variation from the Quotation. Additional charges may apply to items/tasks carried out on site at your request and may not be itemised on this quotation, as we generally Quote for time required onsite.

Tree Ownership 1. You warrant that all trees listed in our Quotation are located on your property, and if not, that you have received permission and have authority from the owner to allow us to perform the specified works. You agree to indemnify us against any claim, liability, damages or costs incurred as a result of any dispute associated with the authority given to us to remove or deal with any tree; 2. You warrant that all trees dealt with in our Quotation have, if necessary, received any and all appropriate consent, permission or approval to be dealt with in accordance with our Quotation. You hereby indemnify us against any claim, liability, damages, or costs incurred by us due to any failure to hold all necessary consent, permission or approval.

Concealed Contingencies Any additional works or equipment required to complete the works as per the Quotation, caused by your failure to make known or caused by previously unknown foreign material in the trunk, the branches, underground or any other condition not apparent in quoting the work specified shall be paid for by you on a time and material basis. We are not responsible for damages to underground sprinklers, drain lines or underground cables unless they are accurately mapped out by you and provided to us prior to the commencement of works.

Disclosure Statement Arborists cannot detect or anticipate every condition or event that could possibly lead to the structural failure of a tree or guarantee that a tree will be healthy or safe under all circumstances. Trees can be managed but not controlled.

Completion of Contract Accepted Quotations will be scheduled as soon as possible with other jobs in the area, to minimise travel expenses. Scheduling generally occurs the week before the work is scheduled. In the event of factors out of our control (such as cancellations etc) we may reschedule your job on the same day. We always endeavour to provide as much notice as possible. We always endeavour to accommodate specific date or time requests however this is not always possible.

Cancellation Fee We require you to provide at least 1 business days notice prior to schedule works of any full or partial work cancellation for jobs that have been booked. Your request must be acknowledged and accepted by us. In the event that a crew has been dispatched to your job site, a minimum fee of 10% of the quoted price will apply.

Tree Removal We will complete the removal of any tree as close to ground level as possible and remove all debris (unless otherwise stated). Additional charges may be incurred for any unforeseen metal or concrete found in a tree upon notification to you. When completing our duties, you acknowledge that damage may be caused to surfaces, gardens or surrounding structures by falling trees, branches, limbs, leaves, dust, seeds/seed pods or by the relocation of debris from the site of the works to our machinery including (but not limited to) fall damage, indentations, scuff marks, drag marks, sap and soil marks or friction marks. You hereby release us from any liability, loss, claim, or damage associated with our undertaking the works unless such liability, loss, claim or damage is due to our intentional negligence. 

Underground Locations 1. Prior to us commencing any work, you must advise the Contractor of the precise location of all underground services on the Worksite and clearly mark the same. The underground mains and services you must identify include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables, oil pumping mains, and any other services that may be on the Worksite. 2. Whilst we will take all care to avoid damage to any underground services you agree to indemnify us in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified.

Cultural Events/ Ceremonies All cultural events/ ceremonies resulting in the stoppage of work and removal from site will incur operational disruption fees. These fees will be determined pending on the overall cost of the works and location.

Crane Hire Due to safety concerns crane hire may be required to safely conduct works. If any unforeseen circumstances may arise (soft ground, wet weather) or failure to provide adequate access for the crane (cars, debris not removed from site) will result in excess costs being incurred. If any unforeseen circumstances should arise resulting in crane cancellation you agree to additional charges.

Payment All payment arrangements will be discussed at the time of scheduling the job by us. If you are unable to be on the job site when the work is completed, payment will fall due upon the receipt of an invoice (strictly net 7 days). If you default in paying the invoice when due, you agree to pay interest at a rate of 2.5% per calendar month until paid in full. Any accounts not settled within 30 days from date of invoice may by passed over to a collection agency and will incur further fees and you hereby agree to indemnify us against any such cost incurred. You also agree to pay on default all costs and expenses incurred in exercising our rights of recovery from you and indemnify us against any losses resulting from the default.

Dispute Resolution 1. If a dispute arises, you agree to comply with our dispute resolution process. To this end a party with a complaint against the other is first required to notify the other of the dispute by giving written notice via our email specifying the nature of the dispute, the outcome required, and the action believed necessary under the circumstances that will assist both in settling the dispute. 2. Each party will then in good faith attempt to resolve the dispute by negotiation, and if the dispute in some aspect involves payment of monies, the party withholding payment is required immediately upon receipt of the notice to deposit the disputed amount into an escrow account with instructions pertaining to the release of funds. Undisputed amounts must be paid forthwith.

Disclaimers Any alterations to these terms and conditions can only be provided in writing by an authorised employee of Branched Out Contracting Pty Ltd. You warrant that you have relied on your own inquiries and have not entered into this contract in reliance on or as a result of any representation, promise, statement, conduct or inducement other than those contained in this Contract. You agree to indemnify us for any claim, loss, damage, or other outlay whether arising directly or indirectly from any service arranged or performed by us as a result of any breach by you of the terms, conditions or warranties in this Contract. Quotations for services are made on an immediate acceptance basis and are subject to withdrawal on revision without notice at our discretion. All Quotations are provided without warranties of any kind, whether expressed or implied, relating to the correctness, accuracy, timeliness, completeness, or reliability. The parties are not bound by any warranty, representation, collateral agreement, or implied term, under the general law or imposed by legislation unless: 1. Such warranty, representation, agreement, or term is contained in the express terms of this contract; or 2. it is an implied term or warranty imposed by statute which is mandatory and cannot be excluded by the parties’ agreement. Where we are unable to carry out any service or obligation under this contract due to any circumstance, matter or thing beyond our reasonable control (“force majeure”) we shall be excused from such obligations however we shall use all possible diligence and reasonable endeavours to remove the force majeure failing which the contract shall be at an end with respect to any such thing affect by the force majeure and you shall have no claim against us. We will not be liable for any indirect, incidental, special or consequential damages or loss which results from your use of our services or from any act or omission by us. To the fullest extent permitted by law, our liability for breach of any implied warranty or condition is limited at the option of us to the supply of the services again, or the payment of the cost of having the services supplied again. All rights not expressly granted herein are reserved by us.