1. Definitions

Agreement means these Terms and Conditions.

Client means the person or entity engaging Eden Tree Service to perform work.

Eden Tree Service means Eden Trees Arboriculture Services Pty Ltd (ACN 158 432 618) as trustee for The Tzedakah Trust (ABN 53 375 688 361) trading as Eden Tree Service.

Quote means the written scope of works and price provided by Eden Tree Service.

Services means the services provided by Eden Tree Service to the Client under this Agreement as set out in the relevant Quote.

Site means the location at which the Services are to be provided.

Stump Grinding refers to mechanical grinding of the main stump to approximately 150mm below ground level unless otherwise specified in the Quote.

Variation means any change to the scope of works, which will be quoted and charged separately.

2. Agreement & Acceptance

• By accepting a Quote verbally, in writing, or by directing Eden Tree Service to commence work, the Client accepts these Terms & Conditions in full.
• The Client confirms they are authorised to engage Eden Tree Service to perform the works at the Site.
• The Client agrees to pay for all works performed in accordance with these Terms & Conditions.

3. Quote Validity

• Quotes for Strata or Body Corporate organisations remain valid for sixty (60) days.
• All other Quotes remain valid for twenty-one (21) days.
• Eden Tree Service reserves the right to revise quoted pricing if works do not commence within the validity period.

4. Payment & Late Payments

• Payment is due COD (Cash on Delivery) of invoice issued.
• Large projects may require deposits and/or progress payments.
• Overdue accounts may incur interest at 2% per month.
• The Client is responsible for all debt recovery and legal costs associated with overdue payments.

5. Hidden Obstructions

• It is assumed that all trees are free from hidden obstructions such as metal or stone.
• If obstructions are encountered, works may be suspended and a revised Quote provided.
• Eden Tree Service is not liable for delays or additional costs caused by undisclosed obstructions.

6. Stump Grinding

• Stump grinding is not included unless specified in the Quote.
• Embedded metal or objects may prevent complete grinding.
• Eden Tree Service is not liable for undisclosed underground services.

7. Site Access

• The Client must provide safe and reasonable access to the Site.
• Heavy machinery may cause disturbance to lawns, pathways, gardens, and surfaces.
• Surface repairs and reinstatement are not included unless specified.
• The Client is responsible for identifying and protecting underground services and fragile items.

8. Client Responsibilities & Permits

• The Client warrants they are legally authorised to approve the works.
• The Client is responsible for council approvals and permits.
• The Client must disclose property boundary issues or legal disputes involving trees.
• The Client indemnifies Eden Tree Service against losses arising from incorrect information or missing approvals.

9. Scheduling & Cancellations

• Works may be rescheduled due to weather, safety concerns, wildlife, or equipment failure.
• Cancellations with less than 24 hours notice may incur a $350 cancellation fee.

10. Limitation of Liability

• Eden Tree Service’s liability is limited to the value of the quoted works where permitted by law.
• Eden Tree Service is not liable for indirect or consequential losses.
• Australian Consumer Law rights remain unaffected.

11. Consumer Guarantees

Services provided by Eden Tree Service include guarantees under the Australian Consumer Law. Clients may be entitled to refunds, rectification, or compensation in certain circumstances.

12. Indemnity

The Client indemnifies Eden Tree Service against claims, damages, and losses arising from inaccurate information, missing permits, or Client instructions that result in third-party claims.

13. Variations

• All variations must be agreed to in writing.
• Variations will be quoted separately and charged in addition to the original Quote.

14. Standards & Insurance

• Works are completed in accordance with AS4373 and AS4970 Australian Standards.
• Eden Tree Service maintains Public Liability, Workers Compensation, and Professional Indemnity Insurance.

15. Photos & Marketing

Eden Tree Service may photograph completed works for marketing purposes unless the Client advises otherwise in writing prior to commencement.

16. Dispute Resolution

• Both parties agree to attempt good-faith negotiation before legal proceedings.
• Unresolved disputes may proceed to mediation.

17. Governing Law

This Agreement is governed by the laws of Queensland, Australia.

18. Severability

If any provision is found invalid or unenforceable, the remaining provisions remain in effect.

19. Entire Agreement

These Terms & Conditions together with the Quote constitute the entire agreement between Eden Tree Service and the Client.