Terms and Conditions
1 Definitions
1.1 James Bower trading as Beneficial Tree Care with ABN 90 665 143 912 is hereinafter referred to as “Beneficial Tree Care”. Any reference to Beneficial Tree Care also includes its successors and assigns, or any person acting on behalf of and/or with the authority of Beneficial Tree Care.
1.2 “Customer” shall mean the Customer (or any person acting on behalf of and with the authority of the Customer) as described on any quotation, work authorisation or other form as provided by Beneficial Tree Care to the Customer.
1.3 “Guarantor” shall mean that person (or persons), or entity, who agrees to be liable for the debts of the Customer on a principal/debtor basis.
1.4 “Services” shall mean all Services supplied by Beneficial Tree Care to the Customer and includes any advice or recommendations.
1.5 “Price” shall mean the price payable for the Services as agreed between Beneficial Tree Care and the Customer in accordance with clause 3 of this contract.
1.6 Tree Removals
The customer accepts and understands the scope of the following terms: The term “Removed to ground level” or “Removed to base” refers to a tree being cut down as low as suitable with a chainsaw, usually leaving the stump 2-4cm high. The chainsaw operator will be the judge of fact as to how low is possible without damage to equipment. The term “Timber cut to firewood size” refers to logs being cut into blocks (rounds) approx. 300-400mm unless an alternative size is requested. Splitting will attract an additional fee. The term “wood remains on-site” refers to the wood being left in a convenient location for Beneficial Tree Care, but not moved elsewhere or stacked unless specified. Unless customer specifies to cut into firewood sized blocks (rounds) which can be arranged.
The term “Remove all wood and mulch from property” refers to mulch being taken away from address and disposed of, but wood may be placed on the nature strip or suitable area for later collection.
1.7 Stump Grinding
Stump grinding is an operation where the operator is shielded from debris by guards and as such cannot see the working head. This means underground services can be damaged during stump grinding operations. Beneficial Tree Care does not accept responsibility for damage caused to or disruption of any underground services including, but not limited to power, water, gas, telephone, data, and reticulation.
It will be performed by a machine that will typically cover an area 1.5 times the diameter of the stump and be 200-450mm deep. This may be limited due to machine access and surrounding obstructions such as fences, pavers, concrete etc. Stump grinding debris (Mulch) will remain on site unless specified otherwise. The mulch will be used to fill in the hole, larger stumps may result in some excess mulch.
Stump Removal/Grinding does not include the removal of roots visible or not visible outside of these dimensions unless specified.
You will make BTC aware of any underground services such as electricity, water, gas, telephone, irrigation or similar prior to any stump removal/grinding. If unsure of the location of such services information can be obtained from the free service, Dial Before You Dig on 1100 [BTC does not accept responsibility for damage caused to or disruption of any such services].
We will always do the stump as well as possible given the site circumstances and access. The stump machine operator will be the judge of fact to the extent of grinding possible without risk.
2 Acceptance
2.1 Any instructions received by Beneficial Tree Care from the Customer for the supply of Services and/or the Customer’s acceptance of any Services supplied by Beneficial Tree Care shall constitute acceptance of the terms and conditions contained herein.
2.2 Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
2.3 Upon acceptance of these terms and conditions by the Customer the terms and conditions are binding and can only be amended with the written consent of Beneficial Tree Care.
2.4 The Customer warrants that it has not relied on any representation by Beneficial Tree Care other than as supplied in writing in any quote or estimate.
2.5 Any quote provided by Beneficial Tree Care is valid for 30 days only from the date of issue.
3 Notice and Liability
3.1 The Customer shall give Beneficial Tree Care not less than fourteen days prior written notice of any proposed change of ownership of the Customer or any change in the Customer’s name and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s address, email, or business practice).
3.2 The Customer shall be liable for any loss incurred by Beneficial Tree Care as a result of the Customer’s failure to comply with clause 2.4.
4 Price and Payment
4.1 The Price shall be as indicated on invoices provided by Beneficial Tree Care to the Customer in respect of any Services supplied.
4.2 The Price includes all matters (including GST) that could be reasonably expected to be necessary for the completion of work.
4.3 The work will be deemed complete when it is finished in accordance with any quote, free of apparent defects and all rubbish and surplus material is removed from the site unless otherwise specified.
Change in Price
4.4 Beneficial Tree Care reserves the right to change the Price in the event of a variation to Beneficial Tree Care’s quotation.
4.5 The Customer must pay the Price in the manner as stated in clause 3.10 or 3.11, if applicable.
‘Do and Charge’
4.6 The hourly rate for ‘Do and Charge’ work may change should Beneficial Tree Care experience latent conditions or obstacles requiring the hire of special equipment to complete the work. Should the ‘Do and Charge’ work prove to be more substantial than first envisaged, then Beneficial Tree Care reserves the right to raise a quote for the work. Before any further work is performed by Beneficial Tree Care the Customer must accept the quote in a manner as specified in clause 2.
Payment Schedule
4.7 The Customer will make payments as follows:
4.7.1 A deposit of ten percent (10%) on acceptance of the quotation.
4.7.2 The balance of ninety percent (90%) is required on completion of the services.
4.8 An alternate payment schedule to the schedule provided in clause 3.10 may be agreed between Beneficial Tree Care and the Customer. This must be confirmed in writing by Beneficial Tree Care.
Request for Payment
4.9 A request for payment by Beneficial Tree Care may be made outside the payment schedule in the event of unforeseen circumstances.
4.9.1 Such a request is to be in writing and allowing the Customer five business days from receipt to make payment.
4.10 The value of work so performed shall include the reasonable value of authorised variation, whether or not the value of such variation has been finally agreed between the parties, and the value of material delivered to the site but not installed.
4.11 Beneficial Tree Care reserves the right to cease work at any time if the payment schedule or alternative schedule as agreed upon pursuant to clause 3.11 is not followed, or if a request for payment has been made and not met by the Customer.
Time for payment
4.12 At Beneficial Tree Care’s sole discretion:
4.12.1 payment shall be due on completion of the Services; or
4.12.2 payment for approved Customers shall be made by instalments in accordance with the Shiny Electrical payment schedule in clause 3.6 or as agreed between the parties pursuant to clause 3.7.
4.13 The Customer must pay the amount due on completion of the work, or each stage of the work if applicable, within five business days of receipt of written notice from Beneficial Tree Care.
Method of Payment
4.14 Payment will be made by cash, or by cheque, or by bank cheque, or by Electronic Funds Transfer (EFT), or by any other method as agreed between the Customer and Beneficial Tree Care.
GST
4.15 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
5 Access
5.1 The Customer shall make all arrangements necessary to have someone in attendance for the period where any Services take place.
5.2 The Customer must provide access to Beneficial Tree Care and its employees and sub-contractors to carry out the work as required during work hours specified by relevant statutory authorities. The Customer must remove any personal property likely to impede the work.
5.3 Beneficial Tree Care shall not be liable for any loss or damage whatever due to failure by Beneficial Tree Care to carry out any Services (or any part of them) promptly or at all.
5.4 The Customer will provide access to bathroom facilities, including a lavatory, to Beneficial Tree Care for the duration of the works. If this cannot be supplied, the Customer agrees to arrange and pay for a mobile facility for the duration of the works, which must be arranged prior to the commencement of works.
5.5 The customer is responsible for keeping the site free and clear of other people, children, animals and pets during the works. Animal feces will be required to be cleaned up before work commences, if failing that a fee may be incurred of $100.
6 Risk
6.1 The production of these terms and conditions by Beneficial Tree Care is sufficient evidence of Beneficial Tree Care’s rights to receive the insurance proceeds without the need for any person dealing with Beneficial Tree Care to make further enquiries.
6.2 Beneficial Tree Care shall not be held responsible for any damage to caused by outside agents. Where the Customer requests Beneficial Tree Care to repair such damage then Beneficial Tree Care reserves the right to charge the Customer for any costs incurred in rectifying such damage.
7 Personal Property Securities Act 2009 (PPSA)
7.1 You consent to Beneficial Tree Care affecting a registration on the Personal Property Security Register (PPSR) (in any manner that Beneficial Tree Care considers appropriate) created by the provision of the Shiny Electrical Goods and/or Services to you under this Agreement. You agree to take all steps necessary to enable Beneficial Tree Care to make a registration on the PPSR.
7.2 If Chapter 4 of the PPSA would otherwise apply to the enforcement of a security interest (as defined in the PPSA) in connection with this Agreement, you agree that the sections listed in s115(1) of the PPSA shall not apply on the enforcement of any Security Interest by Beneficial Tree Care, to the extent permitted by law.
7.3 You waive your rights to receive copies of any financing statements, change statements or verification statements, notice of disposal, statements of account, notices of retention (as defined in the PPSA) or any other documents received by Beneficial Tree Care in respect of any security interest registered by Beneficial Tree Care.
8 Plans, Specifications and Variations
8.1 All plans and specifications to be drafted under this agreement, including any variations to those plans and specifications, are taken to form part of these terms.
8.2 Any agreement to vary these terms or to vary the plans and specifications for work done under these terms and conditions must be in writing and signed by each party.
8.3 Beneficial Tree Care, at their discretion, may charge the current office administration fee plus $150 plus GST irrespective as to the variation being approved or not approved.
8.4 The work including materials may be varied by written agreement between the Customer and Beneficial Tree Care.
8.5 A notice describing the variations, the cost of the additional or omitted work and any change to the Completion Period must be provided to the Customer, and the notice must then be signed and dated by both parties to constitute acceptance.
8.6 The price of extra work, which includes GST, will be added to the Price.
8.7 The cost of omitted work will be deducted from the Price.
9 Quality of Construction
9.1 All work done under this contract will comply with:
9.1.1 The building standards of Australia to the extent required under the Environmental Planning and Assessment Act 1979 (the “EPA Act”), including any instrument made under the EPA Act.
9.1.2 All the other relevant codes, standards and specifications that the work is required to comply with under any law, and
9.1.3 The conditions of any relevant development consent or complying development certificate and any construction certificate.
9.2 This agreement may limit the liability of Beneficial Tree Care for failure to comply with clause 8.1 if the failure relates solely to:
9.2.1 A design or specification prepared by or on behalf of the Customer (but not on behalf of Shiny Electrical); or
9.2.2 A design or specification required by the Customer, if Beneficial Tree Care has advised the Customer in writing that the design or specifications contravene clause 8.1.
10 Statutory Approval
10.1 If the approval of the local council or other statutory authority is required to carry out the work and that approval has not been sought at the date of commencement of the works, the Customer must apply for and pay all fees for such approval.
10.2 If any approval required is not obtained within 60 business days from the date of commencement, either party may terminate the works by notice in writing.
10.3 If the contract is terminated in accordance with clause 9 Beneficial Tree Care is entitled to be compensated for all reasonable costs associated with design and administration costs, save for;
10.3.1 A design or specification prepared by or on behalf of the Customer (but not on behalf of Beneficial Tree Care); or
10.3.2 A design or specification required by the Customer, if Beneficial Tree Care has advised the Customer in writing that the design or specifications contravene clause 8.1.
11 Completion
Time for completion
11.1 Beneficial Tree Care must complete the work within the time frame specified in any quote or estimate.
11.2 Clause 10.1 does not take into account factors which are outside of Beneficial Tree Care’s control including but not limited to inclement weather, industrial disputes or variations to work.
11.3 Beneficial Tree Care must take all reasonable steps to minimise delays to the work.
11.4 Any claim for extension of time must be notified in writing to the Customer within five business days.
Cleaning up after completion
11.5 On completion of work, Beneficial Tree Care must remove from the site all plant and equipment and dispose of all rubbish, and surplus materials, unless otherwise specified.
12 Insurance of Work and Personal Injury
12.1 Before Beneficial Tree Care commence any works under any agreement or is given access to the site, Beneficial Tree Care must have current insurance cover for:
12.1.1 Public liability or damage to property for an amount not less than $20 million; and
12.1.2 Employer’s liability and worker’s compensation insurance to cover any employees.
13 Customer’s Disclaimer
13.1 The Customer hereby disclaims any right to rescind or cancel any agreement for works with Beneficial Tree Care or to sue for damages or to claim restitution arising out of any misrepresentation made to the Customer by Beneficial Tree Care and the Customer acknowledges that the Goods and/or Services are bought relying solely upon the Customer’s skill and judgment.
14 Defects
14.1 The Customer shall inspect any Services on completion of the Services on completion (time being of the essence) and notify Beneficial Tree Care in writing within ten working days any damage or failure to comply with the description or quotation.
14.2 The Customer shall afford Beneficial Tree Care an opportunity to inspect the Services within a reasonable time following completion if the Customer believes the Services are defective in any way.
14.3 If the Customer shall fail to comply with these provisions the Services shall be presumed to be free from any defect or damage.
14.4 For defective Services, which Beneficial Tree Care has agreed in writing that the Customer is entitled to reject Beneficial Tree Care’s liability is limited to either (at Beneficial Tree Cares’ discretion) making good any Services,
14 Consumer Law
14.4 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Consumer Law of the Commonwealth and as enacted in each of the States and Territories of Australia, except to the extent permitted by those Acts, where applicable.
15 Warranty
15.1 Subject to the conditions of warranty set out in clause 16.2, Beneficial Tree Care warrants that if any defect in any workmanship of Beneficial Tree Care becomes apparent and is reported to Beneficial Tree Care pursuant to clause 14 of this contract, Beneficial Tree Care will either (at Beneficial Tree Care’s sole discretion) replace or remedy the workmanship.
15.2 The conditions applicable to the warranty given by clause 16.1 are:
15.2.1 the warranty shall not cover any defect or damage which may be caused or partly caused by, or arise through;
15.2.1.1 failure on the part of the Customer to properly maintain any Goods and/or Services; or
15.2.1.2 failure on the part of the Customer to follow any instructions or guidelines provided by Beneficial Tree Care; or
15.2.1.3 any use of any Services otherwise than for any application specified on a quote or order form; or
15.2.1.4 the continued use of any Services after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
15.2.1.5 fair wear and tear, or any accident or Force Majeure.
15.2.2 the warranty shall cease and Beneficial Tree Care shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without Beneficial Tree Cares’ written consent.
15.2.3 in respect of all claims Beneficial Tree Care shall not be liable to compensate the Customer for any delay in either replacing or remedying the workmanship or in properly assessing the Customer’s claim.
15.3 For Services not manufactured or provided by Beneficial Tree Care, the warranty shall be the current warranty provided by the manufacturer or contractor of the Services. Beneficial Tree Care shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer or contractor of the Services.
16 Default and Consequences of Default
16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) of the balance per calendar month.
16.2 If the Customer defaults in payment of any invoice when due, the Customer shall indemnify Beneficial Tree Care from and against all costs and disbursements incurred by Beneficial Tree Care in pursuing the debt including legal costs on a solicitor and own client basis and Beneficial Tree Care’s reasonable collection agency costs.
16.3 Without prejudice to any other remedies Beneficial Tree Care may have, if at any time the Customer is in breach of any obligation (including those in relation to payment), Beneficial Tree Care may suspend or terminate the supply of Goods and/or Services to the Customer and any of its other obligations under the terms and conditions. Beneficial Tree Care will not be liable to the Customer for any loss or damage the Customer suffers because Beneficial Tree Care has exercised its rights under this clause.
16.4 If any account remains overdue after fourteen days, an amount of the greater of $25.00 or 16.00% of the amount overdue (up to a maximum of $200.00) shall be levied for administration fees, which sum shall become immediately due and payable. The Customer agrees that this amount represents a genuine pre-estimate of the administrative costs of default.
16.5 Without prejudice to Beneficial Tree Cares’ other remedies at law, Beneficial Tree Care shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Beneficial Tree Care shall, whether or not due for payment, become immediately payable in the event that:
16.5.1 any money payable to Beneficial Tree Care becomes overdue, or in Beneficial Tree Cares’ opinion the Customer will be unable to meet its payments as they fall due; or
16.5.2 the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
16.5.3 a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
17 Security and Charge
17.1 Despite anything to the contrary contained herein or any other rights which Beneficial Tree Care may have whatsoever:
17.1.1 where the Customer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Customer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interests in the said land, realty or any other assets, to Beneficial Tree Care or a Beneficial Tree Care nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Customer and/or the Guarantor acknowledge and agree that Beneficial Tree Care (or the Beneficial Tree Care nominee) shall be entitled to lodge, unconditionally, a caveat over any property so charged, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.
17.1.2 Should Beneficial Tree Care elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer and/or Guarantor shall indemnify Shiny Electrical from and against all Beneficial Tree Care’s costs and disbursements including legal costs on a solicitor and own client basis.
17.1.3 the Customer and/or the Guarantor (if any) agree to irrevocably nominate, constitute and appoint Beneficial Tree Care or the Beneficial Tree Care nominee as the Customer’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 17.
18 Termination
18.1 Beneficial Tree Care may cancel any agreement to which these terms and conditions apply or cancel carrying out of Services at any time giving written notice to the Customer. On giving such notice Beneficial Tree Care shall repay to the Customer any sums paid in respect of the price. Beneficial Tree Care shall not be liable for any loss or damage whatsoever arising from such cancellation.
18.2 In the event that the Customer cancels Services, the Customer shall be liable for any loss incurred by Beneficial Tree Care (including, but not limited to, any loss of profits) up to the time of cancellation.
18.3 If the Customer fails to make payment due under these terms or any agreement, or denies access to the site preventing work from proceeding, Beneficial Tree Care may issue a written notice requiring the Customer to remedy the default within ten business days of service of the notice by Beneficial Tree Care.
18.4 If the default described in clause 20.3 above is not remedied, Beneficial Tree Care may terminate the contract by written notice to the Customer.
18.5 If Beneficial Tree Care:
18.5.1 becomes bankrupt; or
18.5.2 fails to complete the work within the specified Completion Period (subject to clause 10) or if no Completion Period is agreed upon then within a reasonable time; or
18.5.3 fails to remedy defective work or replace faulty or unsuitable materials;
18.6 The Customer may, where such default can be remedied, issue a written notice requiring Beneficial Tree Care to remedy the default within ten business days of receipt of the notice by Beneficial Tree Care, or within such other reasonable period as may be agreed in writing.
18.7 If the default is not remedied within ten business days or within a reasonable period as agreed between the parties, or is not capable of being remedied, the Customer may terminate the contract by written notice to Beneficial Tree Care.
19 Disputes
19.1 If the Customer or Beneficial Tree Care considers a dispute has arisen in relation to any matter covered by this contract, that party must promptly give the other party written notice of the subject of dispute.
19.2 The parties may confer with a mutually agreed third party to assist to resolve the dispute by mediation.
19.3 If the dispute cannot be resolved by mediation, the Customer may contact the Victorian Civil and Administrative Tribunal (VCAT) to the effect that a building dispute exists, and seek the VCAT’s assistance to resolve the dispute, which may be a prospective claim on the insurer.
19.4 The Customer agrees to pay into an interest-bearing trust account in the joint names of Beneficial Tree Care and the Customer any amount claimed by Beneficial Tree Care as a condition precedent to any dispute by the Customer of any such claim on the basis that upon resolution of the dispute the trust fund and any interest shall be dispersed according to the resolution. This clause shall operate as a bar to any defence or claim by the Customer until fully complied with.
19.5 For the removal of doubt, a default in payment of an amount owing by the Customer to Beneficial Tree Care is not a dispute, to the extent permitted by law.
20 Privacy Act 1998 (Cth)
20.1 The Customer and/or the Guarantor/s agree for Beneficial Tree Care to obtain from a credit reporting agency a credit report containing personal credit information about the Customer and Guarantor/s in relation to credit provided by Beneficial Tree Care.
20.2 The Customer and/or the Guarantor/s agree that Beneficial Tree Care may list the Customer and the Guarantor/s with those credit providers either named as trade referees by the Customer or named in a consumer credit report issued by a credit reporting agency for the following purposes:
20.2.1 to assess an application by the Customer, and/or
20.2.2 to exchange information with other credit providers as to the status of this credit account, whether the Customer is in default with other credit providers; and/or
20.2.3 to assess the credit worthiness of the Customer and/or Guarantor/s.
20.3 The Customer consents to Beneficial Tree Care being given a consumer credit report to collect overdue payments for commercial credit.
20.4 The Customer agrees that personal credit information provided may be used and retained by Beneficial Tree Care for the following purposes and for other purposes as shall be agreed between the Customer and Beneficial Tree Care or required by law from time to time:,
20.4.1 provision of Goods and/or Services; and/or
20.4.2 by exchange of information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or
20.4.3 analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to provision of Goods; and/or
20.4.4 processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or
20.4.5 enabling the daily operation of the Customer’s account and/or the collection of amounts outstanding in the Customer’s account in relation to the Goods and/or services.
20.5 Beneficial Tree Care may give information about the Customer to a credit reporting agency for the following purposes:
20.5.1 to obtain a consumer credit report about the Customer, and/or
20.5.2 allow the credit reporting agency to create or maintain a credit information file containing information about the Customer.
21 Building and Construction Industry Security of Payments Acts
21.1 At Beneficial Tree Care’s sole discretion, if there are any disputes or claims for unpaid Goods and/or Services then the provisions of the Building and Construction industry Security of Payments Acts from each state may apply.
21.2 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Building and Construction Industry Security of Payments Acts of each state, except to the extent permitted by the Act, where applicable.
22 Unforeseen Circumstances/Prior Work
22.1 Beneficial Tree Care shall not be liable for any problems with the Site due to another contractor’s prior work or latent conditions which are only revealed when carrying out the Services. Beneficial Tree Care will carry out any work needed to fix any such problem if it is considered necessary for satisfactory installation of Services. Any additional work necessary due to these circumstances is a variation and subject to Clause 7. If a price is not agreed, the charge will be the actual cost plus another twenty percent for the work.
22.2 Beneficial Tree Care are not responsible for cracks, weakening, sinking or any other damage cause to driveways, footpaths or hardscape where machinery or plant access was required as part of the methodology to complete the works. Repairs to damaged hardscapes can be arranged at an extra cost.
IT Infrastructure Failure
22.3 In the event the installation of any component of the goods and/or services causes disruption or failure of the existing infrastructure, Beneficial Tree Care cannot be held liable except as required by law. The Customer notes and accepts that new systems may cause disruption or failure. Beneficial Tree Care will take all care possible to ensure this does not happen, however accepts no liability in the event of failure or disruption.
22.4 In the event there is any failure to the existing system, through no fault of Beneficial Tree Care, Beneficial Tree Care will charge a fee, which will be accepted as a variation, for the investigation and rectification of the existing system.
23 General
23.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
23.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria and are subject to the jurisdiction of the courts of Victoria.
23.3 Beneficial Tree Care shall be under no liability whatever to the Customer for any indirect loss and or/expense (including loss of profit) suffered by the Customer arising out of breach by Beneficial Tree Care of these terms and conditions.
23.4 In the event of any breach of this agreement by Beneficial Tree Care the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the price of the Goods and/or Services.
23.5 The Customer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Customer by Beneficial Tree Care.
23.6 Beneficial Tree Care may license, assign, or sub-contract all or any part of its rights and obligations without the Customer’s consent.
23.7 Beneficial Tree Care reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which Beneficial Tree Care notifies the Customer of such change.
23.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm, pandemic or other event beyond the reasonable control of either party.
23.9 The failure of Beneficial Tree Care to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Beneficial Tree Cares’ right to subsequently enforce that provision.