Terms and Conditions

1. Definitions

• “We”, “us”, “our” means MPS Tree Services.
• “You”, “your” means the customer named on the quote or tax invoice.
• “Services” means all tree services we provide, including but not limited to pruning, removal, stump grinding and any associated works.

2. Quotes, Acceptance of Works and Variations

• All quotes are based on the information available to us at the time of inspection or as described by you.
• Unless otherwise stated in writing, quotes are valid for 30 days from the date of issue.
• Our quote covers only the specific works described. Any additional works (including extra pruning, removal of additional trees, further stump grinding, or additional clean-up requested on the day) will be charged as a variation at our then-current rates and may require separate written approval (email/text is sufficient).
• For all jobs, it is preferred that you accept the quote in writing (such as by email reply, ServiceM8 acceptance, or signed quote), so there is a clear record that you have agreed to the works and these Terms and Conditions. Proceeding to book the job or allowing us to commence work will also be taken as your acceptance of the quote and these Terms and Conditions.
• Variations and unexpected conditions: If we encounter conditions that differ from those reasonably anticipated at the time of quoting (including hidden decay, additional trees or branches, unexpected access issues or hazards), we may need to vary the scope of works and price. We will explain the change and, where practicable, obtain your approval (which may be given verbally, by text or email) before proceeding with any additional works.

3. Access and Site Conditions

• You are responsible for ensuring clear and safe access to the work area on the scheduled day, including access for vehicles, machinery, and equipment.
• If access is restricted or delayed (for example, locked gates, parked cars, unsafe animals), we may charge a call-out or waiting fee and/or reschedule the works.
• You warrant that the work area is free from hazardous materials (including asbestos) and that any known site hazards have been disclosed to us prior to commencement.
• Parking and machinery placement: You authorise us to park vehicles and position machinery reasonably close to the work area, including on lawns, driveways, or hard surfaces. We will take reasonable care, but are not responsible for marking, scuffing or staining of surfaces caused by normal use of vehicles and equipment.

4. Approvals, Permits and Authorisations

• Unless expressly stated otherwise in our quote, you are responsible for obtaining any approvals, consents or permits required (including council approvals, strata/body corporate consents, neighbour approvals or Western Power clearances where applicable).
• By accepting our quote, you confirm you have obtained all necessary approvals and you agree to indemnify us from any claims, fines, penalties or losses arising from failure to obtain such approvals.
• Boundary trees and neighbour properties: Where trees or branches are located on or near a boundary, you are responsible for ensuring you have any required consent or authority to have the works carried out. We are not responsible for any disputes with neighbours or third parties regarding ownership of trees, branches or roots, or the extent of works requested by you.

5. Payment Terms

• Standard terms: Unless otherwise agreed in writing, full payment is due on completion of the job and/or on receipt of our Tax Invoice.
• Extended terms: Longer payment terms (for example, 7 to 30 days) may be agreed in advance in writing for approved customers (such as regular/commercial clients). If no specific terms are agreed in writing, standard terms apply.
• Accepted payment methods are:
  
  • Bank transfer
  • Cash
  • Card (credit or debit card). Card payment fees apply and will be charged on top of your invoice.

6. Traffic Management

• Unless expressly stated in our quote, we do not supply traffic management services (including traffic controllers, road closures, signage plans or permits).
• Where traffic management is required by council, Main Roads, police or any other authority, you are responsible for arranging and paying for all required traffic management and associated permits.
• If appropriate traffic management is not in place when required, we may be unable to proceed with the works and may charge a call-out or no-show fee in accordance with clause 7.

7. Overdue Accounts, Recovery Costs and Interest

• We reserve the right to refer any overdue or unpaid accounts to a debt collection agency at any time without further notice.
• You agree that if your account becomes overdue, you will be responsible for reasonable costs we incur in recovering the debt, including recovery agency fees.
• Interest on overdue invoices shall accrue daily from the date when payment becomes due until the date of payment at the rate of 2% per calendar month.

8. Cancellations, Rescheduling and No-Show Fees

• Once a quote has been accepted, if you cancel the job at any time (regardless of the notice period), we may charge a cancellation fee of 20% of the quoted price to cover administration, scheduling and lost opportunity costs.
• You may cancel or request to reschedule a booking by providing us with written notice (email or text is sufficient).

More than 72 hours’ notice before the scheduled start time:

• Only the 20% cancellation fee (if we apply it) will be charged; no additional fees apply.

Less than 72 hours’ notice before the scheduled start time:

• In addition to the 20% cancellation fee, we may charge an additional fee of up to a further 30% of the quoted price (up to a total of 50%).

Same-day cancellation, refusal of access or no-show (including where we attend site and cannot safely proceed due to locked access, unsafe animals, lack of required traffic management, or other issues within your control):

• We may charge a call-out/no-show fee of up to 50% of the quoted price, in addition to the 20% cancellation fee.

Any cancellation, rescheduling, or no-show fees are payable on invoice and subject to the same payment and collection terms set out in these conditions.

9. Limitation of Liability, Property Damage Above Ground

• We will take all reasonable care and work to mitigate any damage from flying debris during the performance of the Services.
• You acknowledge that tree work by its nature involves falling branches, debris and the use of heavy equipment.
• We are not responsible for any damage to:
  
  • Fences, gates, walls or structures;
  • Gardens, garden beds, lawn or landscaping;
  • Sheds, letterboxes, paving, ornaments or other items,

  where such damage arises as a result of carrying out the agreed works in a reasonably careful and competent manner.

• You are responsible for relocating or protecting any items that may be damaged by falling debris or machinery (including vehicles, outdoor furniture, pots and decorations) before we commence work.

10. Underground and Hidden Services

• We will take all reasonable care, but cannot be held responsible for any damage to underground or hidden services, including but not limited to:
  
  • Power and electrical cables
  • Water pipes, soakwells, sewer or stormwater lines
  • Gas lines
  • Telecommunications or data cables
  • Irrigation systems.
• You are responsible for identifying and clearly marking the location of any such services and for providing any relevant plans or information.
• You acknowledge that damage may occur despite reasonable care, and you accept this risk.

11. Stump Grinding and Ground Conditions

• Unless otherwise stated in writing, stumps will be ground to a depth of approximately 200 mm below existing ground level at the time the works are conducted.
• Surface and subsurface roots beyond the stump are not removed unless expressly included in our quote.
• Removal of stump grindings (sawdust) is not included in the standard price. Stump grindings will be raked back into the stump hole but not levelled, removed or taken off site, unless specifically quoted and paid for as an additional service.
• Ground conditions may settle over time; levelling and reinstatement of the area are your responsibility unless otherwise agreed in writing.

12. Clean-up and Green Waste

• Our standard service includes basic clean-up of work areas, involving raking and removal of the bulk of branches and debris we generate.
• Unless stated in the quote, we are not responsible for:
  
  • Detailed garden restoration;
  • Removal of pre-existing debris.
• Removal of all green waste from site is only included if specified in the quote.

13. Photos and Site Records

• You consent to us taking photos or videos of the work area before, during and after the job for the purposes of quoting, carrying out the works and keeping job records.
• We may also use de-identified images for our marketing (for example on our website or social media). We will not publish images that reasonably identify you or your address without your consent.

14. Weather, Safety and Postponements

• We reserve the right to delay, suspend or reschedule works where, in our reasonable opinion, weather conditions, site conditions or other factors make it unsafe or unsuitable to proceed.
• If we postpone due to safety or weather, we will reschedule the works at the next available mutually convenient time.
• We may cease work immediately if we consider there is an unacceptable safety risk to our workers, you or the public.

15. Health and Safety

• You agree not to enter the designated work area or interfere with our workers or equipment while works are in progress, unless authorised by our crew leader.
• Children and pets must be kept clear of all work areas and machinery for the duration of the job.

16. Consumer Law and Limitation of Liability

• Nothing in these terms excludes, restricts or modifies any consumer guarantees or rights you may have under the Australian Consumer Law that cannot be excluded by contract.
• To the extent permitted by law, our liability for any claim in connection with the Services is limited, at our option, to:
  
  • re-supplying the Services; or
  • paying the cost of having the Services supplied again.

17. Events Beyond Our Control

• We are not liable for any delay or failure to perform the Services where the delay or failure is due to events beyond our reasonable control, including severe weather, fire, flood, accident, public utilities failure, pandemics, industrial disputes or government restrictions. In such cases, we will aim to reschedule the works as soon as reasonably practicable.

18. Acceptance of Terms

• By accepting our quote (including by written acceptance), instructing us to proceed, booking a job with us, or allowing us to commence work on your property, you are deemed to have read, understood and agreed to these Terms and Conditions.
• These Terms and Conditions apply to all Services we provide to you unless otherwise agreed in writing.