Terms and Conditions
- The contract between Highveld Tree Fellers (“the company”) and the customer (being any person or entity which engages the company to do tree felling and/or render related services) shall consist of the quotation for the services and these terms and conditions.
- The scope of the work to be carried out by the company for the customer (“the work”) shall be as described on the quotation. If the work as set out in the quotation is varied by the customer, the contract price shall be varied accordingly.
- The company shall be entitled to charge a call out fee of R500.00 for an initial site visit to assess the work to be done and to quote therefor. If the customer accepts the quotation and engages the company to carry out the work, then the initial callout fee will be waived, such that the customer shall be liable only for the contract price as reflected in the quotation and any subsequent variations thereto. On the other hand, if the customer does not accept the quotation and does not engage the company to carry out the work, in the customer shall be liable for payment of the initial callout fee, which shall be payable upon receipt by the customer of an invoice in respect thereof.
- In respect of all trees and/or stumps which must be felled, trimmed, shaped or removed as part of the work, the customer warrants that the property on which such trees and/or stumps are located is owned by the customer, or, alternatively, the customer has been given the necessary authority by the owner of the property to engage the company to carry out the work. The customer hereby indemnifies the company and holds the company harmless against any claims, harm, loss, damage or expense which may be suffered or incurred by the company as a result of or arising from a breach by the customer of the aforesaid warranty.
- For the purpose of enabling the company to carry out the work, the customer shall ensure that the company’s workers are given unrestricted access to the area in which the work is to be carried out (“the site”) and shall ensure that the workers are not obstructed or interfered with in the carrying out of the work. Stumps will be ground to a depth of between 15 and 20 cm unless another specification is stipulated in the quotation or in a written variation order. Unless specifically included in the quotation, or in a written variation order, the following services shall not form part of the scope of the works:
- stump removal;
- removal of stump grindings;
- removal of surface and subsurface roots.
- Upon completion of the work, the company shall remove all brush and debris from the site, provided that excess sawdust that cannot be raked will not be removed.
- If there are any man-made elements within the work area on the site, including but not limited to underground cables, pipes, sprinklers and sprinkler heads, drain lines or the like (“the man-made elements”), it shall be the responsibility of the customer to advise the company to that effect and to identify with precision the location thereof prior to the commencement of work, to enable the workers to exercise appropriate care to prevent any damage thereto. If the customer fails to comply strictly with the provisions of this clause, the company shall not be responsible for any damage which may be caused to the man-made elements in the carrying out of the work at, or in respect of any consequential damage or loss which may arise as a result thereof. The customer hereby indemnifies and holds the company harmless against any claims, harm, loss or damage which may be caused or which may arise as a result of the customer failing to advise the company of the existence and precise location of any man-made elements within the working area on the site.
- The company will exercise due and reasonable care in the carrying out of the work and shall use its best endeavours to prevent any damage to buildings, structures or facilities located on or within the vicinity of the site (“property assets”). However, it must be recognised, and the customer accepts, that having regard to the risks inherent in the carrying out of tree felling work, the company shall not be responsible or liable for any harm, loss or damage which may be caused to property assets in the course of the carrying out of the work, unless it can be shown that the company or its workers were grossly negligent in so doing.
- The customer shall ensure that no persons other than the company’s workers are present on the site while the work is being carried out. In the event of any unauthorised persons being present, the company shall not be responsible for any death or injury caused to such persons in the course of or as a result of the carrying out of the work and the customer indemnifies the company against any claims, loss, harm, damage or expense relating to or arising from any such death or injury.
- The agreed contract price shall be payable in full upon completion of the work and submission by the company to the customer of its invoice.. In the event of the customer failing to pay the agreed contract price or any part thereof on due date,then:
- the balance of the contract price outstanding shall bear interest at the rate of 15% per annum, calculated daily and compounded monthly in arrear, until full payment is received by the company; and
- the customer shall be liable for any and all legal costs incurred by the company in order to recover payment of the monies owed by the customer, on the scale as between attorney and own client.
- The quotation, read together with these terms and conditions, constitutes the entire agreement between the company and the customer with regard to the subject matter hereof, such that neither party shall be bound by any terms, representations, warranties or the like not recorded in these terms and conditions and/or the quotation.
No variation, amendment or consensual cancellation of the agreement hereby concluded between the company and the customer shall be of any force or effect unless in writing and signed by both parties.