The Client hereby engages the Arbour Solutions to perform tree care services according to the scope of the quoted and detailed on the website.
1. The location CLIENT ADDRESS (the “Property”). The Client warrants and represents that the Client either owns the Property holds the authority to engage the Arbour Solutions requested on the Property.
1.1 Any additional work required by the Client or proposed by the Contractor which is not specified shall be quoted for separately and when completed added to the invoice.
1.2 The Client hereby authorizes Arbour Solutions to take photographs of the Client’s property for the use of study purposes and promotion and grants Arbour Solutions the sole right in the intellectual property of any such photographs.
2. Obligations of the Client
2.1. The Client need not be present during service calls and hereby grants permission to the Contractor and shall facilitate entry to access the property on scheduled or otherwise agreed service days during the local hours of 8am to 5pm.
2.2. The Client shall be responsible for the removal of any objects e.g. toys, furniture, pet waste, rubbish etc. that will hinder the Contractor in performing under this agreement.
2.3. The Client shall keep all pets secured inside a building or fenced area and shall keep people away from the Contractor's area of work for the safety of all parties concerned whilst the Contractor is performing services.
2.4. The Client shall notify the Contractor in writing of any plants that are particularly rare or are a collector's item and their approximate replacement costs. The Contractor reserves the right not to perform any services in close proximity to such plants.
3 Obligations of the Contractor
3.3. The Contractor shall provide all labour, equipment and supplies required to perform the services and undertakes to properly maintain all equipment so that work is performed timeously and to a professional standard.
3.3. If services cannot be carried out by the Contractor on any specified day, such service shall be re-scheduled as soon as possible by mutual agreement, failing which the cost of all missed services shall be deducted from the invoice.
4.1. The Contractor shall not be held liable for damage to items on or below the property which are not clearly visible or marked such as cables, wires, pipes or sprinkler components.
4.2. The Contractor shall only be liable for damage caused to plants if such damage was caused by wilfull negligence or improper operation of equipment.
4.3. The Client shall not be liable for any damage to the Contractor's equipment or any injury or illness sustained by the Contractor and his/her employees.
4.4. The Contractor shall not be liable for the poor health or lack of performance of trees treated beyond the scope of the service(s) contracted. No guarantee can be made about a cure, it is a treatment and as such may be subject to factors out of the control of the Contractor.
6. Whole Agreement
This Contract and Website information schedule attached constitute the sole and entire Agreement between the parties with regard to the subject matter hereof and the parties waive the right to rely on any alleged expressed or implied provision not contained therein.
No party may assign any of its rights or delegate or assign any of its obligations without the prior written consent of the other party.
8. Governing Law
This Contract and Agreement shall be construed, interpreted and governed in accordance with the laws of the Republic of South Africa and the Domicile of choice be deemed to be Saxonwold Johannesburg.