TERMS AND CONDITIONS

Payment

All contracts are accepted upon the agreement that full payment will be delivered on completion of work or within the stated invoice term. Interest maybe charged on amount(s) owing after the due date at a rate of 10% per month. All reasonable expenses, disbursements or legal costs incurred by D.A.S. in the enforcement of any rights contained in this contract, shall be paid by the customer, including debt collection fees.

Booking Times/Dates

Please be aware that although we do our best to keep the scheduled date and time for your booking, it is possible that your scheduled appointments date and time will need to be moved. We will always do our best to keep your booking as close to the scheduled time and date as possible however it could be moved up to a month from the scheduled date. We will of course notify you ASAP when these changes need to be made and work with you to find the best alternative.

Unforeseen Changes in Tree Health

Please note that weather, age, etc. can drastically change the condition of a tree in a short period of time. During estimation we do our best to assess the current condition of the tree and surroundings however, there are times when the health of a tree deteriorates by the time we are on-site to complete work and we must readjust our outlined work. These changes will be communicated to you as soon as they are noticed and the changes to the work will be approved by you before it is completed. 

Complaints

Any complaints that may arise from work performed under any contract arising from acceptance of the spec/quote/price must be made within seven days of completion of contract.

Protected and environmentally sensitive areas

The subject trees within the contract may be protected by municipal bylaw, provincial mandate or federal authority. When necessary to obtain permission from the relevant landowners/guardians, it will be the responsibility of the tree owner, unless D.A.S. is designated as an authorized agent to carry out this service.

​D.A.S. is committed to protecting the local ecosystem whenever possible. Birds and nests are often found in the trees we are working in. Work is sometimes disrupted due to birds nesting in trees particularly during general Nesting Period of March 1 to August 31 to protect the active nesting season of most birds and avoid contravention of the nesting bird protection provisions under the provincial Wildlife Act and the federal Migratory Bird Convention Act.

Private covenants and boundaries

Investigation of private covenants and boundaries shall be the responsibility of the client and no liability shall be attached to DAS for a breach of any such covenant or boundary. The client must obtain written permission from all tree owners prior to D.A.S. commencing work on the agreed upon contract

​Underground services

Unless the exact location of underground pipes, wires, cables or soak holes has been supplied to DAS prior to the formation of the contract, the contractor shall be accept no liability for any damage caused for the duration of the contract. The client shall be solely liable for any such damage and subsequent damage to DAS’ equipment. D.A.S. will file a BC 1 Call dig permit for stump grinding and excavation. This only covers essential infrastructure and does not include private infrastructure such as irrigation, oil tanks, water, septic, etc.

Hidden obstructions

The quote/price is based on the assumption that the trees/stumps are free from metal, stone or other hidden obstructions. In the event of a tree being impossible to work on as stated within the contract, DAS reserves the right to re-quote accordingly.

Access and property damage

The client accepts full responsibility for their driveways, paths and lawns and understands in order to carry out work specified in the contract, it may be necessary to use heavy machinery that could damage driveways, paths and lawn. DAS will take reasonable measures to prevent damage, as per industry duty of care, but will not accept liability for any resultant damage.

Insurance cover

DAS is covered by $5,000,000 public liability insurance for damage to persons and property that may result while under contract. DAS also carries $2,000,000 professional endemnity insurance.

Liability limit

DAS’ liability shall be limited to the maximum amount of the quote/price outlined within the contract.

Wood and wood chips

All woody debris removed from site shall be deemed the property of D.A.S. unless specifically agreed in the terms of the contract. Stump grindings are not removed from site unless specifically agreed in terms of contract.

Stump grinding

Stump grinding as defined by DAS is; the removal of a tree stump to a depth of 150mm (6in), but does not include the grinding of lateral roots or removal of stump grindings, unless otherwise specified within the agreed upon contract.

Fences

Where a fence requires to be temporarily removed for works to be carried out it, the responsibility of removal and re-erection of the fence, lies with the client, unless otherwise agreed upon within the terms of the contract. 

Expiry of quote

30 days after date issuance of the quote, DAS reserves the right to withdraw and re-quote the contract which may result in a different price given.

Cancellation fee

D.A.S. reserves the right to charge a cancellation fee of 33% of the contract price if less than 24hrs notice of cancellation is given.

Arbitration

Should a dispute arise to the interpretation of the contract, it shall be referred to arbitration in accordance with the The Arbitration Act, S.B.C 2020, c. 2. The decision(s) of the arbitrator shall be final and binding upon both parties.