Mowat Trees – Terms & Conditions of Service
These Terms and Conditions (“Terms”) apply to all services provided by Mowat Trees (“we”, “our”, or “us”) to the client (“you”).
1. Contract Formation
Acceptance of our quotation, including by granting us access to the property or scheduling work, constitutes acceptance of these Terms.
2. Scope and Warranty
We warrant that we will perform all services outlined in the quotation in a competent, professional, and workmanlike manner. While every effort will be made to exceed client expectations, no guarantee is made beyond the scope of work agreed.
3. Ownership and Permits
You warrant that:
You are the owner of the property or have obtained full permission and legal authority to conduct the quoted works.
All relevant local government or authority permits have been obtained prior to commencement.
You indemnify Mowat Trees from any claims, costs, or liabilities arising from disputes regarding ownership, authority, or permit requirements.
4. Subcontracting and Insurance
We may appoint subcontractors as necessary. All personnel and subcontractors engaged are required to:
Be trained, competent, and insured.
Maintain public liability insurance of at least $10,000,000 and relevant workers' compensation insurance.
5. Variations and Cancellations
Variations to the scope may result in additional charges, billed at $385/hour.
A cancellation fee of $500 applies if less than 24 hours’ notice is given.
6. Payment Terms
Full payment is due upon invoice and no later than 7 days post-completion (28 days for commercial clients).
A 20% late payment fee applies to overdue invoices.
Failure to pay may result in referral to debt recovery or legal action. No split payments are accepted.
All prices are inclusive of GST unless otherwise stated.
7. Work Standards
All tree work shall conform to Australian Standard AS 4373.
Tree removals refer to cutting near to the base of the stump, with chainsaw operator determining lowest safe cut. For trees growing in clumps were the rootball comes out of the ground, we will cut to the base of each stem only.
We are not liable for damage to surfaces, driveways, turf, or subterranean infrastructure unless previously disclosed.
We accept no liability for acts of nature, pre-existing damage, or work performed against our recommendation.
8. Safety Obligations
You must comply with all instructions provided to ensure safe operation. Clients and bystanders must remain outside designated work zones. We are not liable for delays or hazards caused by non-compliance or factors beyond our control.
9. Site Access and Client Responsibilities
The client is responsible for ensuring site access and clear work zones.
Damage to services not disclosed in advance is at the client’s risk.
Client shall remove or protect valuable or vulnerable items in proximity to works.
Clients shall inform neighbouring property owners of potential impacts; access to adjoining properties requires prior permission.
10. Clean-Up and Waste
Standard clean-up includes removal of tree-related debris from the quote only. General garden debris or pre-existing waste is not included.
Minor residue (sawdust, leaves) may remain.
Lawn divets and surface markings on driveways/properties may occur. Responsibility is limited unless specific instructions were agreed prior.
11. Stump Grinding and Treatment
Stump grinding is subcontracted and not included unless stated. Clients must liaise directly with the provider.
Poisoning of stumps is a one-time treatment and regrowth may occur.