Terms & Conditions
These are the Terms and Conditions that apply between Bohmers Tree Care Pty Ltd [ABN 84 607 407 803/ ACN 607 407 803]: (‘Bohmers’), and you, our valued customer. By accepting these terms and conditions, you are agreeing that you have authority and capacity to enter into a binding contractual agreement with Bohmers. Your acceptance of the terms may be by your conduct, which communicates to Bohmers that you agree to the terms – such as providing them with directions to perform the work, or by signing these terms.
The terms and Conditions that apply to this agreement are set out below and include any terms set out in any quotation provided to you by Bohmers and terms that are required to be upheld by you and Bohmers at law. No other representations, warranties or terms will be implied into this Agreement. These Terms and Conditions also cover all agents, directors, employees and contractors of Bohmers.
- Quotation For Services:
You will be provided with a written specification of the works as discussed on site and sent to you. Once you accept that quotation, by communicating to Bohmers to proceed either orally or in writing, that quote has been accepted and becomes legally binding. Bohmers does not provide verbal or hand written estimates. All quotations will be supplied to you in writing on Bohmers letter head.
i. All quotations and cost estimates are without obligation.
ii. All quotations are inclusive of GST.
iii. Quotations are valid for 30 days from their date of issue, with site conditions unchanged, after which time Bohmers is entitled to draw up a new quotation and at that time, amend costs.
iv. The quotation becomes a legally binding contract upon your acceptance, either verbally or in writing, of the quotation submitted by Bohmers.
- Work By Bohmers:
Bohmers agree to provide the Work set out in any quotation, which includes the tree services you require and liaison with local authorities (where necessary). In exchange for the services, you agree to make full payment in accordance with the terms of any quotation issued to you for that Work.Quotations are based on services requested at the time of the quotation. Any additional work carried out will incur extra charges on the day and those extra charges will be included in an invoice to you.
- Power Lines and Telephone Cables:
Any charge for the removal of power lines or telephone cables will be your responsibility and will need to be organised and satisfied by you, unless otherwise agreed in writing with Bohmers. If you fail to arrange for the removal of power lines or telephone cables, causing damage or loss to Bohmers, you will indemnify Bohmers for that loss.
- Insurances & Accreditations
Bohmers is insured for liability resulting from injury to person(s) or property, professional indemnity and that all employees are covered by Workers’ Compensation as required by law. Certificates of coverage are available upon request.Bohmers also hold all relevant accreditations and qualifications to complete the works. If they are not accredited/qualified, they will inform you and will not proceed with the work.
Where Council or relevant authority permission is required, you must provide all relevant permits, including valid approval and access to any site, premise or landmark.These are to be available to Bohmers in writing (from you) prior to, or on the morning of the day of commencement of work.Failure to show permits may result in work being rescheduled until permit is made available. If this occurs Bohmers are entitled to charge you for any reasonable costs incurred for the scheduling of that work on that day including wages, equipment and hire fees.
- Cancellation Fee:
Bohmers kindly requests that you provide at least 24 hours advance notice of any full or partial work cancellation for jobs that have been scheduled in advance. If a crew has been dispatched to the job site, you will be charged a minimum fee of $250 for incurred expenses upon cancellation, in addition to any addition costs expended by Bohmers prior to that date in relation to the Work.
- Completion of Contract:
Bohmers agrees to do its best to meet any agreed upon performance dates/timelines, but does not make any representation or warranty that the Work will be completed by a fixed date (unless agreed in writing). Bohmers shall not be liable in damages, tort or otherwise for delays caused by inclement weather, labour, or any other cause beyond its control; nor shall you be relieved of completion for delays caused by you or otherwise.
- Fixed Dates/Times:
Where the date and/or time for works to be carried out, is agreed by both parties Bohmers will use its best endeavours to ensure that the Work will be completed on the date and at the time agreed. But Bohmers does not make any representation or warranty that the work will be completed within that timeframe and any agreed timeframe will be subject to
i. Scheduling of work is subject to weather conditions and may need to be rescheduled accordingly. You will be notified of next available booking
ii. Bohmers also reserves the right to delay or cancel works that: (a) Are deemed a potential hazard (b) Are affected by inclement/dangerous weather (c) Interfering with wildlife/habitats or, (d) Are compromised by unforeseen circumstances.
iii. When undertaking work, unforeseen circumstances may require workers to leave the job and recommence at the next available time. All attempts will be made to leave the site in an orderly manner. Such circumstances may include; staff illness/injury, dangerous or hazardous working conditions/environment, issues with plant/machinery and weather.
- Preparation of Work:
Whilst all care will be taken, where trees are in a confined area, it is inevitable that other trees and shrubs may be damaged unless you make prior arrangements with our service.
i. Pruning and tree removal operations include disposal of all debris and a thorough clean up, either rake clean or broom clean, whichever is applicable. (This does not include stumps).
ii. Trees for removal will be cut to as close to ground level as reasonably possible, without hitting dirt or otherwise stated in quotation.
iii. Bohmers Tree Care shall take all necessary steps to ensure that the worksite is left clean, tidy and safe on completion of all works.
iv. When tree-specific circumstances dictate, we may prescribe an alternative method based on experience and knowledge.
- Tree Ownership:
You warrant that all trees listed are located on property to which you are the registered proprietor (owner) of that land, and, if not, that you have received full permission from the owner or relevant authorities to allow Bohmers to perform the specified work, including permission from any tenants or occupiers of the land. Should any tree be mistakenly identified as to ownership you agree to indemnify Bohmers for any damages or costs incurred from the result thereof.
i. You must advise all neighbours of intended works, as it is not Bohmers responsibility to deal with neighbours or conduct conflict resolution where there are neighbourly disputes regarding trees. If matters of such impede on our work schedule, penalty costs may be incurred. You are responsible for informing neighbours in the event where works need to be carried out on their tree and which necessitates access to their property.
ii. You are also responsible for obtaining requisite permits and permission where the Work is to be performed on Council/State owned land (and/or other public land) including Work that is near or in the vicinity of a landmark
Bohmers operations and the services we offer are strongly influenced by the company’s detailed policies, specifically those respecting safety and the environment (these are available on request).
i. Bohmers warrants that all arboriculture operations will follow the latest versions of the Australian Standards industry safety standards pertaining to our services. The authorising party agrees to not enter the work area during arboriculture operations unless authorised by the crew leader on-site.
ii. All tree care work completed will meet or exceed industry recognised standards.
iii. Bohmers prides itself to executing the works to the best of its ability, thereby employing sound professional knowledge, skills and experience, with due regard to your requirements and in compliance with all relevant regulations and standards.
iv. Bohmers does not accept liability for any damages to (underground) services that were not advised of by you prior to commencement of the works and you will indemnify Bohmers for any damage or loss arising as a result.
- Minor Damage:
Bohmers will not accept responsibility for damage to lawns, ground covers, herbaceous plants (annuals & perennials) and dilapidated structures during removal of large or hazardous trees or during emergency operations. Bohmers will not accept responsibility for damage to in-ground sprinkler systems, installed-in-place ground lighting, or other buries infrastructure located within or close to the work zone associated with large tree removal, deep-root fertilizing or stump grinding operations.
- Stump Removal:
Unless specified in the proposal, stump removal is not included in the price quoted.
- Stump Grinding:
Underground services damaged during stump grinding, including those found to be non-compliant with Australian Building Code Standards, will not be the responsibility of Bohmer’s Tree Care.
i. Stump grinding may not be able to be conducted on the same day as tree dismantling. All efforts are made to grind stumps within 7 days.
ii. Stump grinding depth can vary on your request. If you have not provided information on the depth required, then a general depth of up to 600mm is carried out. Depth can also vary on restrictions of area to be grinded, i.e. cables, pipes.
iii. Stump grinding remains are not disposed of unless negotiated prior with our service, incurring an extra cost.
iv. Due to the potential hazards associated with stump grinding operations, Bohmer’s require you to provide us with written confirmation of the location of buried utilities (including but not limited to gas and hydro), as provided by the utility locating authority, prior to commencement
v.Failure to do so will result in you taking full responsibility for any damaging resulting in hidden utilities and pipes and indemnifying Bohmer’s for same.
- Concealed Contingencies:
Any additional work or equipment required to complete the work 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 estimating the work specified, shall be paid for by you on a time and material basis.Bohmers Tree Care is not responsible for damages to underground sprinklers, drain lines, underground cables unless the system(s) are adequately and accurately mapped by the authorising party and a copy is presented before or at the time the work is performed. You and/or The owner of the land and/or his/her agent, therefore, shall be solely liable for any such damage.
Bohmers always attempt to minimise any damage to driveways and footpaths. But in the event that our equipment causes settling, cracking, or other damage to weakened driveways and/or sidewalks, then repairs are not included in the contract price.
Clean-up shall include removing wood, brush, and clippings, and raking of the entire area affected by the specified work, unless noted otherwise on this proposal.
- Lawn Damage:
Bohmers will notify you at start of job if we feel the conditions of the lawn have changed and is not suitable for working on unless permission is given by the owner. Bohmers always attempt to minimize all disturbances to lawns. Lawn repairs are not included in the contract price, unless noted otherwise on this proposal.
- Additional Costs for Work:
Bohmers clearly communicates their anticipated fees in any quotation provided. Any additional work or equipment required to complete the work, caused by the authorising party’s failure to make known or caused by previously unknown foreign material in the trunk, the branches, underground, or any other condition not apparent in estimating the work specified, shall be paid for by you on a time and material basis.
Bohmers will issue an Invoice to you upon completion of the Works. For Work that is ongoing over a number of days or exceeds $1,000.00; Bohmers is entitled to ask for a deposit of 50% of any quotation for Work.Invoices are due for payment within 14 days of the date of the Invoice and where you fail to make payment on time, Bohmers is entitled to charge interest at the standard rate of 5% p.a and adjusted for CPI. Any part of that invoice which remains unpaid shall incur interest until payment in full is received by Bohmers. Interest is charged on a daily basis. Bohmers may also be required to commence legal proceedings to recover any amounts outstanding from you, including interest and costs.
- Returned Cheque Fee and Late Fee:
There will be a $25.00 fee charged for all cheques returned to our office for non-sufficient funds.
Complaints that may arise from the work performed under the contract and arising from the acceptance of the estimate must be made in writing within a period of seven days from the date of invoice, unless agreed in writing to the contrary. Complaints procedure is available upon request.
- Tree Work Recommendations:
i. Recommendations for tree work are made purely on tree health and/or aesthetic grounds.
ii. No liability whatsoever for owner or third party health and safety is accepted by the contractor.
iii. Owners of trees have a legal responsibility under The Occupiers Liability Act 1985 to ensure that their trees do not pose a threat to the public and/or other third parties such as visitors.
- EXPLANATION OF COMMON TERMS
- Dead-Wooding:The removal of all major dead wood in the tree.
- Selectively Pruning: selectively removal of limbs to enhance shape and balance to maintain a tree health and vigour.
- Trim:Usually refers to hedging and shrubs both evergreen and deciduous: being the pruning back to flatten off or round off growth to contain spread and maintain control/optimum visual appearance and shape.
- Crown Lift:Being the complete removal of the lowest branches to the main trunk and/or the reducing back in length of lowest branches thus increasing the height of the main crown line above ground level. Usually expressed in metres.
- Crown Thinning:The removal of all branches as in ‘Clean out crown’ and the removal of further smaller diameter branches evenly throughout crown in order to lessen the crown density and thus improve light through the tree. Crown thinning will not result in any major alteration in the outline of the tree. Usually expressed as a percentage.
- Crown Reduction:The all-round reduction of the crown size of the tree (not the trees’ overall height) unless otherwise specified. Usually expressed as a percentage.
- Pollard:The removal of all growth back to main trunk or trunk knuckles, unless otherwise specified.
- Fell:Sectionally felling the tree as near to ground level as reasonably possible.
- Stump Grinding:The grinding down of the main stump at or near ground level to a specified depth with a Stump Grinder. It does not include the removal of lateral root or stump chippings unless specified.
- Grubbing:The physical /manual digging out of a stump and its root system. Usually applies to smaller trees.
- Winch out Stump: The physical/manual excavation of the area around the tree/stump, the severance of major radial roots and the mechanical winching out of the ground of the stump, then the backfilling of the area where possible to level.
- Treat Stump:Being the poisoning of the stump at ground level following felling work effectively to prevent the tree from re-sprouting.