Terms of Trade
Hive Pro Collective Pty Ltd trading as Hive Tree Services | ABN: 40 137 682 055
Last Updated: June 2026
By accepting a quote from Hive Tree Services, you agree to these Terms of Trade. These terms should be read in conjunction with any Contract or quotation provided to you.
1. Definitions
In these conditions unless the context otherwise requires:
- 'Company' means Hive Pro Collective Pty Ltd trading as Hive Tree Services ('Hive Tree Services').
- 'Client' means the person, or company buying the Services from Hive Tree Services.
- 'Contract' means any accepted quotation, agreement, arrangement, proposal, tender document, job sheets, job report, orders, specifications, project scope or contract (whether in writing or verbal) between Hive Tree Services and the Client for the purchase of the Services.
- 'Date of the Contract' means where the Contract arises (i) the date of acceptance of the order by the Client by phone, text or email correspondence or signature of a purchase order or (ii) the date upon which the Client orders the Services.
- 'Contract Price' means the price of the Services contained in any Contract.
- 'Person' includes a corporation, association, firm, company, partnership or individual.
- 'Quotation' means any quotation supplied by Hive Tree Services and which is valid for 60 days only.
- 'Services' means services or products supplied by Hive Tree Services.
- 'Products' means services or products supplied by Hive Tree Services.
- 'Manager' means any person appointed or appearing as decision maker.
- 'PPS Law' means: (a) the Personal Property Security Act 2009 (Cth) (PPS Act) and any regulation made at any time under the PPS Act (each as amended from time to time); and (b) any amendment made at any time to any other legislation as a consequence of a PPS Law.
2. Acceptance
2.1 These terms and conditions constitute the Terms of Trade agreed between the parties and should be read in association with any Contract. Any Contract includes these Terms of Trade which are supplied by Hive Tree Services to the Client from time to time and/or published by Hive Tree Services on its website. If any instruction is received by Hive Tree Services from the Client to obtain the supply of Services, it constitutes acceptance by the Client of these Terms of Trade and the terms and conditions contained herein and the Contract.
2.2 Hive Tree Services reserves the right to amend any quotation before it has been accepted to take into account any rise or fall in the cost of completing the provision of Services. Hive Tree Services will notify the Client of any amendment as soon as practicable, at which point the amended quotation will be the quotation for the purposes of these Terms of Trade. Notwithstanding the provision of a quotation, Hive Tree Services may refuse to provide the Services at any time.
2.3 An indication in a quotation of the time frame for the provision of the Services is an estimate only and is not a fixed time frame. Subject to any obligations in respect of consumer guarantees under the Australian Consumer Law, this estimate is not binding upon Hive Tree Services.
2.4 Hive Tree Services may, in its absolute discretion, refuse to provide Services including but not limited to where: (i) Services are unavailable for any reason whatsoever; (ii) credit limits cannot be agreed upon or have been exceeded; or (iii) payment for the Services previously provided to the Client or any related corporation of the Client or to any other party who is, in the reasonable opinion of Hive Tree Services, associated with the Client under the same or another Contract, has not been received by Hive Tree Services.
2.5 Except as otherwise set out herein, the Contract may be terminated by the giving of 14 days' notice.
2.6 The Client authorises Hive Tree Services to charge to any credit card supplied to Hive Tree Services, for the purposes of the provision of the Services and compliance with these terms, including money forfeited due to cancellation.
2.7 Where specific terms are included in any Contract and they are inconsistent with these Terms of Trade, then the terms in the Contract prevail over these Terms of Trade.
2.8 The Services to be provided are done on an 'as needs basis', meaning that not all Services are delivered at every attendance.
2.9 The Services do not include cleaning roofs and drains nor removal of mulch and waste, unless specifically referred to in the Contract.
2.10 All quotations are valid for a period of 60 days unless cancelled earlier.
2.11 Hive Tree Services may use sub-contractors for the purpose of providing the Services.
2.12 Pricing may increase at the discretion of Hive Tree Services and the Client will be advised of any such increase should it occur.
3. Terms and Conditions
3.1 Hive Tree Services may update these Terms of Trade at any time.
3.2 These Terms of Trade and any subsequent terms or conditions issued by Hive Tree Services apply to all Contracts and orders for the Services made by the Client after the date and time at which these Terms of Trade are provided to the Client or published by Hive Tree Services on its website. It is the Client's responsibility to ensure that these Terms of Trade are promptly brought to the attention of the appropriate staff of the Client and any order made by the Client after the date and time described above in this clause shall be deemed to be an acceptance of these Terms of Trade.
3.3 These Terms of Trade and the Contract and written variations of any of them agreed to in writing by Hive Tree Services represent the whole agreement between the parties relating to the subject matter of the provision of the Services.
3.4 These Terms of Trade supersede all oral and written negotiations and communications by and on behalf of either of the parties.
3.5 In entering these Terms of Trade, the Client has not relied on any warranty, representation or statement, whether oral or written, made by Hive Tree Services or any of its employees or agents relating to or in connection with the subject matter of these Terms of Trade.
3.6 The scope of works is set out in the Contract. Further fees may be payable where conditions make the works more time consuming (for example, during high growth seasons, untidy or unclear workspaces or heavy leaf drop).
3.7 Any provisions in a Contract which are inconsistent with these Terms of Trade supersede these Terms of Trade.
3.8 Hive Tree Services may leave any site and cancel the provision of any Services if there is any bullying, harassment or an unsafe work environment.
3.9 Hive Tree Services will use its best endeavours to keep keys and remote access equipment as secure as possible. No claim may be made by the Client for the loss by Hive Tree Services of such keys and remote access equipment.
4. Price
4.1 The Contract Price is as provided in the Contract or the quotation and subsequent invoices provided by Hive Tree Services to the Client in respect of Services supplied.
4.2 Time for payment for the Services shall be of the essence and is as stated in any Contract. The earliest time for payment in these Terms of Trade or the Contract will apply.
4.3 Unless otherwise stated in any other documentation, payment for the Contract Price must be made on the completion of works or as further set out in the Contract and/or associated documents if a different payment term is stated.
4.4 Additional work for components over and above the scope of work will be charged as agreed from time to time including where work is requested on the day of the provision of the Services.
4.5 Variation to any scope of work will mean a reassessment of the Contract price.
4.6 Any timing counts only after the Client has provided all resources required for the Contract.
4.7 Mulching quotes are based on travelling time to and away from each site as well as time spent mulching at the site. Hive Tree Services reserves the right to give or refuse a discount to a fixed price quotation where mulching cannot be completed due to the driveway being too steep and/or where there is soil (or other material) on branches which could damage the mulcher blades.
⚠️ Deposit & Cancellation Policy
4.8 A minimum commencement deposit as described in the Contract or a minimum of $150 (excluding GST), whichever is the greater, must be paid upon booking. The balance of price must be paid upon completion of the work, less the deposit amount already paid.
4.9 Hive Tree Services will only accept a job cancellation if made in writing or verbally at least 24 hours prior to the commencement of work and when the cancellation is confirmed by our office. A cancellation fee of $500 (excluding GST) will be charged for all work that is cancelled with less than 24 hours' notice.
4.10 In the unlikely event of tree work being interrupted or stopped by the Client or an authorised person after work has commenced, Hive Tree Services reserves the right to charge $150 per hour, per worker (excluding GST) whilst waiting for the work to recommence. If the job must be cancelled and rescheduled into another day, a further booking fee of $200 (excluding GST) will be payable.
4.11 The delivery of garden mulch or firewood by Hive Tree Services becomes the property of the recipient and cannot be returned or refunded once delivered. The recipient accepts full responsibility for the volume and location of the delivery, especially when delivery of mulch has been placed on council land (nature strip) and any permits have not been obtained by the recipient.
4.12 Any request to return to site to do further stump/root grinding once the stump removal/grinding has taken place will incur a return-to-site charge no less than $250 (excluding GST). This includes where soil, rocks, bricks, concrete, or other debris has been excavated around the stumped area to expose additional roots, after our work on site has been completed.
4.13 It is understood that any request to remove the remains of all the wood chips (mixed with soil), specifically after stump grinding work has been done, will be quoted for separately and only upon specific request. At all other times garden mulch will remain on site.
5. Payment, Late Payment & Default
5.1 The method of payment is by bank transfer, cash, credit card or other methods as accepted by Hive Tree Services.
5.2 Late payment will, at the option of Hive Tree Services, incur interest at the rate of 8% per annum calculated on a daily basis. This is payable on any moneys outstanding under the Contract from the date payment was due until the date payment is received by Hive Tree Services, but without prejudice to Hive Tree Services' other rights or remedies in respect of the Client's default in failing to make payment on the due date.
5.3 Hive Tree Services may charge for any collection related costs in addition to the interest provided for herein.
5.4 Without prejudice to any other remedies Hive Tree Services may have, if at any time the Client is in breach of any obligation (including those relating to payment), Hive Tree Services may suspend or terminate the supply of the Services to the Client and suspend or terminate any of its other obligations under these Terms of Trade. Hive Tree Services will not be liable to the Client for any loss or damage the Client suffers because Hive Tree Services exercised its rights under this clause.
5.5 All costs incurred by Hive Tree Services in recovery of any outstanding debt will be payable in full by the Client.
5.6 Hive Tree Services may in its complete discretion apply any payment received from the Client to any amount owing by the Client to Hive Tree Services.
5.7 The Client is not entitled to retain any money owing to Hive Tree Services notwithstanding any default or alleged default by Hive Tree Services of these Terms of Trade, including (but not limited to) the supply of allegedly faulty or defective Services to an inadequate standard or a delay in the provision of Services.
5.8 Nothing in this paragraph affects the Client's rights for any alleged failure of a guarantee under the Australian Consumer Law.
5.9 In the event that: (a) any money payable to Hive Tree Services becomes overdue, or in Hive Tree Services' opinion the Client will be unable to meet its payments as they fall due; or (b) the Client 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 (c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client, then without prejudice to Hive Tree Services' other remedies at law, Hive Tree Services is entitled to cancel all or any part of any Contract with a Client that remains unperformed, and all amounts owing to Hive Tree Services shall, whether or not due for payment, immediately become payable.
5.10 The Client agrees that in the event that the Client breaches any of these Terms of Trade or the Contract or fails to make any payment required, then in addition to all of its other rights, Hive Tree Services may at its option retain the Client's property or return such property to the original pick-up location until such breach is rectified.
5.11 If the Client has: (i) not pre-prepared property for removal; (ii) has not or cannot provide reasonable access to the property for removal; (iii) makes the provision of the Services more complex, time consuming or difficult; or (iv) cannot provide parking close to the property for collection, then Hive Tree Services may (a) refuse to provide the Services and/or (b) charge extra hourly rates for the provision of extra services at the rate set out in any communication to the Client or where no such communication has been made then at $165 per half hour, or part thereof, of delay. The Client authorises Hive Tree Services to charge any credit card with such extra payment.
5.12 If the Client has more property for removal than as quoted for, then the Client agrees to pay for such extra property in addition to the agreed price.
6. Governing Laws
6.1 These Terms of Trade will be interpreted in accordance with applicable government legislation, which will have exclusive legal jurisdiction over any dispute in relation to the Products or Services or these Terms of Trade.
6.2 These Terms of Trade are governed by the laws of the State of Victoria and each party irrevocably submits to the non-exclusive jurisdiction of the courts of such State.
7. Dispute Resolution
7.1 If a dispute arises between the Client and Hive Tree Services, the following procedure applies: (i) A party may give another party a notice of the dispute and the dispute must be dealt with in accordance with the procedure set out in this paragraph. (ii) A party must not commence legal proceedings (except proceedings seeking interlocutory relief) in respect of a dispute unless the dispute has been referred for resolution in accordance with this paragraph. (iii) A party must not oppose any application for a stay of any legal proceedings that may be issued in respect of a dispute pending the completion or termination of the procedure set out in this paragraph.
7.2 If a dispute is notified, the dispute must immediately be referred to the parties' respective senior management. Those representatives must endeavour to resolve the dispute as soon as possible and in any event within 5 Business Days (or other period as agreed).
7.3 Unless otherwise agreed by the parties, any dispute that cannot be settled by negotiation between the parties or their representatives, the parties expressly agree to endeavour to settle the dispute by mediation administered by the Australian Commercial Disputes Centre (ACDC) before having recourse to arbitration or litigation. The mediation must be conducted in accordance with the ACDC Guidelines for Commercial Mediation which are operating at the time the matter is referred to ACDC. The Guidelines set out the procedures to be adopted, the process of selection of the mediator and the costs involved. The terms of the Guidelines are incorporated into these Terms of Trade. This paragraph survives termination of these Terms of Trade.
7.4 Notwithstanding the existence of a dispute (including the referral of the dispute to mediation), each party must continue to perform its obligations under these Terms of Trade.
7.5 The parties must hold confidential, unless otherwise required by law or at the direction of a court of competent jurisdiction, all information relating to the subject matter of the dispute that is disclosed during or for the purposes of dispute resolution.
8. Reservation of Title and Risk
8.1 Risk in any property remains with the Client.
8.2 Hive Tree Services has no liability for any damage to underground pipes, cables and/or any other installation where a specific written location is not given in writing and accepted by Hive Tree Services prior to commencing the work.
8.3 Hive Tree Services has no liability whatsoever for fines where a permit has not been obtained for tree pruning or removal. This is the absolute responsibility of the owner, customer, agent, or authorised person for and on behalf of the Client.
8.4 Where products are supplied by Hive Tree Services to the Client without payment in full of all moneys payable in respect of the products provided by Hive Tree Services in respect of those products, the Client: (i) is a bailee of the products until property in them passes to the Client; (ii) irrevocably appoints Hive Tree Services its attorney to do all acts and things necessary to ensure the retention of title to products including the registration of any security interest in favour of Hive Tree Services with respect to the products under applicable law; (iii) must be able upon demand by Hive Tree Services to separate and identify as belonging to Hive Tree Services products supplied by Hive Tree Services from other products which are held by the Client; (iv) must not allow any person to have or acquire any security interest in the products; (v) agrees that Hive Tree Services may repossess the products if payment is not made within 14 days (or such longer time as Hive Tree Services may, in its complete discretion, approve in writing) of the supply of the products; and (vi) the Client grants an irrevocable license to Hive Tree Services or its agent to enter the Client's premises in order to recover possession of products pursuant to this paragraph.
8.5 Where products are supplied by Hive Tree Services to the Client and full payment has not been received: (a) title in those products remains with Hive Tree Services until all amounts owing have been paid in full; (b) if the Client combines, mixes, or incorporates the products with other items, Hive Tree Services' ownership rights will extend to the new or mixed product to the extent of the unpaid amount; and (c) until payment is received, the Client must hold the products on trust for Hive Tree Services and take reasonable steps to keep them identifiable as Hive Tree Services' property.
8.6 Risk in the products passes to the Client upon delivery.
8.7 For the avoidance of doubt, the ownership of the products passes to Hive Tree Services at the beginning of the operation or event by which the products are converted into, are mixed with or become part of other products.
8.8 Notwithstanding anything else, the Client may transfer, sell or dispose of products to a third party in the ordinary course of business provided that: (i) where the Client is paid by a third party in respect of products, the Client holds the whole of the proceeds of sale less any GST on trust for Hive Tree Services, in a separate account, until all amounts owed by the Client to Hive Tree Services have been paid; or (ii) where the Client is not paid by a third party, the Client agrees to assign all its rights against the third party to Hive Tree Services upon Hive Tree Services giving the Client notice in writing to that effect.
8.9 To the extent that Hive Tree Services supplies any materials, goods, or by-products to the Client in connection with its Services and full payment has not been received, the Client acknowledges that Hive Tree Services retains title in those materials and may register and perfect a personal property security interest under the Personal Property Securities Act 2009 (Cth) in respect of those materials and any related proceeds.
8.10 If a PPS Law applies or commences to apply to these Terms of Trade or any transaction contemplated by them, Hive Tree Services may give notice to the Client requiring the Client to do anything that in Hive Tree Services' opinion is necessary to overcome any adverse effect on Hive Tree Services' security position or obligations. The Client must comply with the requirements of that notice within the time specified.
8.11 The Client agrees that these Terms of Trade constitute a security agreement for the purposes of the PPSA and create a security interest in any materials, goods, or by-products supplied, or to be supplied, by Hive Tree Services, and in any proceeds arising from their use or disposal, until all amounts owing to Hive Tree Services have been paid in full.
8.12 The Client agrees to sign any documents or provide any further information to enable Hive Tree Services to register a financing statement or financing change statement, or any other document under the PPSA.
8.13 The Client agrees to cover Hive Tree Services' cost of any registration or release under the PPSA.
8.14 The Client may not enter into security arrangements for the products to third parties, including but not limited to the PPSA.
8.15 The Client waives their rights to obtain notices under sections 95, 118, 121, 130 and 132 of the PPSA and agrees that sections 96, 115 and 125 of the PPSA do not apply to the Contract. The Client waives all rights under Sections 142, 143 and 157 of the PPSA.
9. Warranty
9.1 Hive Tree Services warrants that it will repair or make good any defects in the Services, provided written notice of the claim is received by Hive Tree Services within seven (7) days from the date the Services were completed.
9.2 This warranty will not apply if: (a) repairs or alterations are carried out on the Services by a person not authorised by Hive Tree Services; (b) the Services have been modified without Hive Tree Services' consent; or (c) the Services have been misused, neglected, or not reasonably maintained after completion.
9.3 Nothing in this clause affects the Client's statutory rights under the Australian Consumer Law.
9.4 Hive Tree Services' liability is limited to the Non-Excluded Guarantees contained in State and Commonwealth law.
10. Liability
10.1 Hive Tree Services shall not be liable for any loss of any kind whatsoever suffered by the Client as a result of any breach of any of Hive Tree Services' obligations under the Contract, including any cancellation of the Contract or any negligence on the part of Hive Tree Services, its servants, agents or contractors, nor shall Hive Tree Services be liable for any loss, damage or injury caused to the Client's servants, agents, contractors, Clients, visitors, tenants, trespassers or other persons where the loss is caused by the Client's negligence, error, omission or acts, including but not limited to existing or installed electricity supply and existing or installed electrical services.
10.2 The Client indemnifies and keeps indemnified Hive Tree Services, its servants and agents in respect of any claim or demand made or action commenced by any person against Hive Tree Services in connection with any loss arising from or incidental to the provision of Products or Services.
10.3 The Client and Hive Tree Services agree to comply with their obligations in relation to Goods and Services Tax (GST) under the A New Tax System (Goods and Services Tax) Act 1999 and any other applicable legislation governing GST.
11. Exclusions and Limitation of Liability
11.1 The Client expressly agrees that use of the Services is at the Client's risk. To the full extent allowed by law, Hive Tree Services' liability for breach of any term implied into these Terms of Trade by any law is excluded.
11.2 All information, specifications and samples provided by Hive Tree Services in relation to the Services are approximations only and, subject to any guarantees under the Australian Consumer Law, small deviations or slight variations from them which do not substantially affect the Client's use of the Services will not entitle the Client to reject the Products and Services upon delivery, or to make any claim in respect of them.
11.3 Hive Tree Services gives no warranty in relation to the Services provided or supplied. Under no circumstances is Hive Tree Services or any of its suppliers liable or responsible in any way to the Client or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues), as a result, direct or indirect of any defect, deficiency or discrepancy in the Services including in their form, content and timeliness of deliveries, failure of performance, error, omission, or defect.
11.4 Any advice, recommendation, information, assistance or service given by Hive Tree Services in relation to Services is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty of accuracy, appropriateness or reliability. Hive Tree Services does not accept any liability or responsibility for any loss suffered as a result of the Client's reliance on such advice, recommendation, information, assistance or service.
11.5 To the fullest extent permissible at law, Hive Tree Services is not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the provision of or failure to provide Services, whether based on Terms of Trade, negligence, strict liability or otherwise, even if Hive Tree Services has been advised of the possibility of damages.
11.6 The Australian Consumer Law may give to the Client certain guarantees. Where liability for breach of any such guarantee can be limited, Hive Tree Services' liability (if any) arising from any breach of those guarantees is limited with respect to the supply of products, to the replacement or repair of the products or the costs of resupply or replacement of the products, or with respect to Services to the supply of Services again or cost of re-supplying the Services again.
12. Force Majeure
12.1 If circumstances beyond Hive Tree Services' control prevent or hinder its provision of the Services, Hive Tree Services is free from any obligation to provide the Services while those circumstances continue. Hive Tree Services may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.
12.2 Circumstances beyond Hive Tree Services' control include, but are not limited to, unavailability of materials or components, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
13. Confidentiality and Privacy
13.1 All parties will keep these terms and conditions and all correspondence and communication between them as confidential and private, excepting for obtaining accounting and legal advice and for compliance purposes.
Hive Tree Services
Hive Pro Collective Pty Ltd | ABN: 40 137 682 055
📞 1300 464 483
© Hive Tree Services | All Rights Reserved | Last Updated: June 2026
Terms of Trade
Hive Pro Collective Pty Ltd trading as Hive Tree Services | ABN: 40 137 682 055
Last Updated: June 2026
By accepting a quote from Hive Tree Services, you agree to these Terms of Trade. These terms should be read in conjunction with any Contract or quotation provided to you.
1. Definitions
In these conditions unless the context otherwise requires:
- 'Company' means Hive Pro Collective Pty Ltd trading as Hive Tree Services ('Hive Tree Services').
- 'Client' means the person, or company buying the Services from Hive Tree Services.
- 'Contract' means any accepted quotation, agreement, arrangement, proposal, tender document, job sheets, job report, orders, specifications, project scope or contract (whether in writing or verbal) between Hive Tree Services and the Client for the purchase of the Services.
- 'Date of the Contract' means where the Contract arises (i) the date of acceptance of the order by the Client by phone, text or email correspondence or signature of a purchase order or (ii) the date upon which the Client orders the Services.
- 'Contract Price' means the price of the Services contained in any Contract.
- 'Person' includes a corporation, association, firm, company, partnership or individual.
- 'Quotation' means any quotation supplied by Hive Tree Services and which is valid for 60 days only.
- 'Services' means services or products supplied by Hive Tree Services.
- 'Products' means services or products supplied by Hive Tree Services.
- 'Manager' means any person appointed or appearing as decision maker.
- 'PPS Law' means: (a) the Personal Property Security Act 2009 (Cth) (PPS Act) and any regulation made at any time under the PPS Act (each as amended from time to time); and (b) any amendment made at any time to any other legislation as a consequence of a PPS Law.
2. Acceptance
2.1 These terms and conditions constitute the Terms of Trade agreed between the parties and should be read in association with any Contract. Any Contract includes these Terms of Trade which are supplied by Hive Tree Services to the Client from time to time and/or published by Hive Tree Services on its website. If any instruction is received by Hive Tree Services from the Client to obtain the supply of Services, it constitutes acceptance by the Client of these Terms of Trade and the terms and conditions contained herein and the Contract.
2.2 Hive Tree Services reserves the right to amend any quotation before it has been accepted to take into account any rise or fall in the cost of completing the provision of Services. Hive Tree Services will notify the Client of any amendment as soon as practicable, at which point the amended quotation will be the quotation for the purposes of these Terms of Trade. Notwithstanding the provision of a quotation, Hive Tree Services may refuse to provide the Services at any time.
2.3 An indication in a quotation of the time frame for the provision of the Services is an estimate only and is not a fixed time frame. Subject to any obligations in respect of consumer guarantees under the Australian Consumer Law, this estimate is not binding upon Hive Tree Services.
2.4 Hive Tree Services may, in its absolute discretion, refuse to provide Services including but not limited to where: (i) Services are unavailable for any reason whatsoever; (ii) credit limits cannot be agreed upon or have been exceeded; or (iii) payment for the Services previously provided to the Client or any related corporation of the Client or to any other party who is, in the reasonable opinion of Hive Tree Services, associated with the Client under the same or another Contract, has not been received by Hive Tree Services.
2.5 Except as otherwise set out herein, the Contract may be terminated by the giving of 14 days' notice.
2.6 The Client authorises Hive Tree Services to charge to any credit card supplied to Hive Tree Services, for the purposes of the provision of the Services and compliance with these terms, including money forfeited due to cancellation.
2.7 Where specific terms are included in any Contract and they are inconsistent with these Terms of Trade, then the terms in the Contract prevail over these Terms of Trade.
2.8 The Services to be provided are done on an 'as needs basis', meaning that not all Services are delivered at every attendance.
2.9 The Services do not include cleaning roofs and drains nor removal of mulch and waste, unless specifically referred to in the Contract.
2.10 All quotations are valid for a period of 60 days unless cancelled earlier.
2.11 Hive Tree Services may use sub-contractors for the purpose of providing the Services.
2.12 Pricing may increase at the discretion of Hive Tree Services and the Client will be advised of any such increase should it occur.
3. Terms and Conditions
3.1 Hive Tree Services may update these Terms of Trade at any time.
3.2 These Terms of Trade and any subsequent terms or conditions issued by Hive Tree Services apply to all Contracts and orders for the Services made by the Client after the date and time at which these Terms of Trade are provided to the Client or published by Hive Tree Services on its website. It is the Client's responsibility to ensure that these Terms of Trade are promptly brought to the attention of the appropriate staff of the Client and any order made by the Client after the date and time described above in this clause shall be deemed to be an acceptance of these Terms of Trade.
3.3 These Terms of Trade and the Contract and written variations of any of them agreed to in writing by Hive Tree Services represent the whole agreement between the parties relating to the subject matter of the provision of the Services.
3.4 These Terms of Trade supersede all oral and written negotiations and communications by and on behalf of either of the parties.
3.5 In entering these Terms of Trade, the Client has not relied on any warranty, representation or statement, whether oral or written, made by Hive Tree Services or any of its employees or agents relating to or in connection with the subject matter of these Terms of Trade.
3.6 The scope of works is set out in the Contract. Further fees may be payable where conditions make the works more time consuming (for example, during high growth seasons, untidy or unclear workspaces or heavy leaf drop).
3.7 Any provisions in a Contract which are inconsistent with these Terms of Trade supersede these Terms of Trade.
3.8 Hive Tree Services may leave any site and cancel the provision of any Services if there is any bullying, harassment or an unsafe work environment.
3.9 Hive Tree Services will use its best endeavours to keep keys and remote access equipment as secure as possible. No claim may be made by the Client for the loss by Hive Tree Services of such keys and remote access equipment.
4. Price
4.1 The Contract Price is as provided in the Contract or the quotation and subsequent invoices provided by Hive Tree Services to the Client in respect of Services supplied.
4.2 Time for payment for the Services shall be of the essence and is as stated in any Contract. The earliest time for payment in these Terms of Trade or the Contract will apply.
4.3 Unless otherwise stated in any other documentation, payment for the Contract Price must be made on the completion of works or as further set out in the Contract and/or associated documents if a different payment term is stated.
4.4 Additional work for components over and above the scope of work will be charged as agreed from time to time including where work is requested on the day of the provision of the Services.
4.5 Variation to any scope of work will mean a reassessment of the Contract price.
4.6 Any timing counts only after the Client has provided all resources required for the Contract.
4.7 Mulching quotes are based on travelling time to and away from each site as well as time spent mulching at the site. Hive Tree Services reserves the right to give or refuse a discount to a fixed price quotation where mulching cannot be completed due to the driveway being too steep and/or where there is soil (or other material) on branches which could damage the mulcher blades.
⚠️ Deposit & Cancellation Policy
4.8 A minimum commencement deposit as described in the Contract or a minimum of $150 (excluding GST), whichever is the greater, must be paid upon booking. The balance of price must be paid upon completion of the work, less the deposit amount already paid.
4.9 Hive Tree Services will only accept a job cancellation if made in writing or verbally at least 24 hours prior to the commencement of work and when the cancellation is confirmed by our office. A cancellation fee of $500 (excluding GST) will be charged for all work that is cancelled with less than 24 hours' notice.
4.10 In the unlikely event of tree work being interrupted or stopped by the Client or an authorised person after work has commenced, Hive Tree Services reserves the right to charge $150 per hour, per worker (excluding GST) whilst waiting for the work to recommence. If the job must be cancelled and rescheduled into another day, a further booking fee of $200 (excluding GST) will be payable.
4.11 The delivery of garden mulch or firewood by Hive Tree Services becomes the property of the recipient and cannot be returned or refunded once delivered. The recipient accepts full responsibility for the volume and location of the delivery, especially when delivery of mulch has been placed on council land (nature strip) and any permits have not been obtained by the recipient.
4.12 Any request to return to site to do further stump/root grinding once the stump removal/grinding has taken place will incur a return-to-site charge no less than $250 (excluding GST). This includes where soil, rocks, bricks, concrete, or other debris has been excavated around the stumped area to expose additional roots, after our work on site has been completed.
4.13 It is understood that any request to remove the remains of all the wood chips (mixed with soil), specifically after stump grinding work has been done, will be quoted for separately and only upon specific request. At all other times garden mulch will remain on site.
5. Payment, Late Payment & Default
5.1 The method of payment is by bank transfer, cash, credit card or other methods as accepted by Hive Tree Services.
5.2 Late payment will, at the option of Hive Tree Services, incur interest at the rate of 8% per annum calculated on a daily basis. This is payable on any moneys outstanding under the Contract from the date payment was due until the date payment is received by Hive Tree Services, but without prejudice to Hive Tree Services' other rights or remedies in respect of the Client's default in failing to make payment on the due date.
5.3 Hive Tree Services may charge for any collection related costs in addition to the interest provided for herein.
5.4 Without prejudice to any other remedies Hive Tree Services may have, if at any time the Client is in breach of any obligation (including those relating to payment), Hive Tree Services may suspend or terminate the supply of the Services to the Client and suspend or terminate any of its other obligations under these Terms of Trade. Hive Tree Services will not be liable to the Client for any loss or damage the Client suffers because Hive Tree Services exercised its rights under this clause.
5.5 All costs incurred by Hive Tree Services in recovery of any outstanding debt will be payable in full by the Client.
5.6 Hive Tree Services may in its complete discretion apply any payment received from the Client to any amount owing by the Client to Hive Tree Services.
5.7 The Client is not entitled to retain any money owing to Hive Tree Services notwithstanding any default or alleged default by Hive Tree Services of these Terms of Trade, including (but not limited to) the supply of allegedly faulty or defective Services to an inadequate standard or a delay in the provision of Services.
5.8 Nothing in this paragraph affects the Client's rights for any alleged failure of a guarantee under the Australian Consumer Law.
5.9 In the event that: (a) any money payable to Hive Tree Services becomes overdue, or in Hive Tree Services' opinion the Client will be unable to meet its payments as they fall due; or (b) the Client 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 (c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client, then without prejudice to Hive Tree Services' other remedies at law, Hive Tree Services is entitled to cancel all or any part of any Contract with a Client that remains unperformed, and all amounts owing to Hive Tree Services shall, whether or not due for payment, immediately become payable.
5.10 The Client agrees that in the event that the Client breaches any of these Terms of Trade or the Contract or fails to make any payment required, then in addition to all of its other rights, Hive Tree Services may at its option retain the Client's property or return such property to the original pick-up location until such breach is rectified.
5.11 If the Client has: (i) not pre-prepared property for removal; (ii) has not or cannot provide reasonable access to the property for removal; (iii) makes the provision of the Services more complex, time consuming or difficult; or (iv) cannot provide parking close to the property for collection, then Hive Tree Services may (a) refuse to provide the Services and/or (b) charge extra hourly rates for the provision of extra services at the rate set out in any communication to the Client or where no such communication has been made then at $165 per half hour, or part thereof, of delay. The Client authorises Hive Tree Services to charge any credit card with such extra payment.
5.12 If the Client has more property for removal than as quoted for, then the Client agrees to pay for such extra property in addition to the agreed price.
6. Governing Laws
6.1 These Terms of Trade will be interpreted in accordance with applicable government legislation, which will have exclusive legal jurisdiction over any dispute in relation to the Products or Services or these Terms of Trade.
6.2 These Terms of Trade are governed by the laws of the State of Victoria and each party irrevocably submits to the non-exclusive jurisdiction of the courts of such State.
7. Dispute Resolution
7.1 If a dispute arises between the Client and Hive Tree Services, the following procedure applies: (i) A party may give another party a notice of the dispute and the dispute must be dealt with in accordance with the procedure set out in this paragraph. (ii) A party must not commence legal proceedings (except proceedings seeking interlocutory relief) in respect of a dispute unless the dispute has been referred for resolution in accordance with this paragraph. (iii) A party must not oppose any application for a stay of any legal proceedings that may be issued in respect of a dispute pending the completion or termination of the procedure set out in this paragraph.
7.2 If a dispute is notified, the dispute must immediately be referred to the parties' respective senior management. Those representatives must endeavour to resolve the dispute as soon as possible and in any event within 5 Business Days (or other period as agreed).
7.3 Unless otherwise agreed by the parties, any dispute that cannot be settled by negotiation between the parties or their representatives, the parties expressly agree to endeavour to settle the dispute by mediation administered by the Australian Commercial Disputes Centre (ACDC) before having recourse to arbitration or litigation. The mediation must be conducted in accordance with the ACDC Guidelines for Commercial Mediation which are operating at the time the matter is referred to ACDC. The Guidelines set out the procedures to be adopted, the process of selection of the mediator and the costs involved. The terms of the Guidelines are incorporated into these Terms of Trade. This paragraph survives termination of these Terms of Trade.
7.4 Notwithstanding the existence of a dispute (including the referral of the dispute to mediation), each party must continue to perform its obligations under these Terms of Trade.
7.5 The parties must hold confidential, unless otherwise required by law or at the direction of a court of competent jurisdiction, all information relating to the subject matter of the dispute that is disclosed during or for the purposes of dispute resolution.
8. Reservation of Title and Risk
8.1 Risk in any property remains with the Client.
8.2 Hive Tree Services has no liability for any damage to underground pipes, cables and/or any other installation where a specific written location is not given in writing and accepted by Hive Tree Services prior to commencing the work.
8.3 Hive Tree Services has no liability whatsoever for fines where a permit has not been obtained for tree pruning or removal. This is the absolute responsibility of the owner, customer, agent, or authorised person for and on behalf of the Client.
8.4 Where products are supplied by Hive Tree Services to the Client without payment in full of all moneys payable in respect of the products provided by Hive Tree Services in respect of those products, the Client: (i) is a bailee of the products until property in them passes to the Client; (ii) irrevocably appoints Hive Tree Services its attorney to do all acts and things necessary to ensure the retention of title to products including the registration of any security interest in favour of Hive Tree Services with respect to the products under applicable law; (iii) must be able upon demand by Hive Tree Services to separate and identify as belonging to Hive Tree Services products supplied by Hive Tree Services from other products which are held by the Client; (iv) must not allow any person to have or acquire any security interest in the products; (v) agrees that Hive Tree Services may repossess the products if payment is not made within 14 days (or such longer time as Hive Tree Services may, in its complete discretion, approve in writing) of the supply of the products; and (vi) the Client grants an irrevocable license to Hive Tree Services or its agent to enter the Client's premises in order to recover possession of products pursuant to this paragraph.
8.5 Where products are supplied by Hive Tree Services to the Client and full payment has not been received: (a) title in those products remains with Hive Tree Services until all amounts owing have been paid in full; (b) if the Client combines, mixes, or incorporates the products with other items, Hive Tree Services' ownership rights will extend to the new or mixed product to the extent of the unpaid amount; and (c) until payment is received, the Client must hold the products on trust for Hive Tree Services and take reasonable steps to keep them identifiable as Hive Tree Services' property.
8.6 Risk in the products passes to the Client upon delivery.
8.7 For the avoidance of doubt, the ownership of the products passes to Hive Tree Services at the beginning of the operation or event by which the products are converted into, are mixed with or become part of other products.
8.8 Notwithstanding anything else, the Client may transfer, sell or dispose of products to a third party in the ordinary course of business provided that: (i) where the Client is paid by a third party in respect of products, the Client holds the whole of the proceeds of sale less any GST on trust for Hive Tree Services, in a separate account, until all amounts owed by the Client to Hive Tree Services have been paid; or (ii) where the Client is not paid by a third party, the Client agrees to assign all its rights against the third party to Hive Tree Services upon Hive Tree Services giving the Client notice in writing to that effect.
8.9 To the extent that Hive Tree Services supplies any materials, goods, or by-products to the Client in connection with its Services and full payment has not been received, the Client acknowledges that Hive Tree Services retains title in those materials and may register and perfect a personal property security interest under the Personal Property Securities Act 2009 (Cth) in respect of those materials and any related proceeds.
8.10 If a PPS Law applies or commences to apply to these Terms of Trade or any transaction contemplated by them, Hive Tree Services may give notice to the Client requiring the Client to do anything that in Hive Tree Services' opinion is necessary to overcome any adverse effect on Hive Tree Services' security position or obligations. The Client must comply with the requirements of that notice within the time specified.
8.11 The Client agrees that these Terms of Trade constitute a security agreement for the purposes of the PPSA and create a security interest in any materials, goods, or by-products supplied, or to be supplied, by Hive Tree Services, and in any proceeds arising from their use or disposal, until all amounts owing to Hive Tree Services have been paid in full.
8.12 The Client agrees to sign any documents or provide any further information to enable Hive Tree Services to register a financing statement or financing change statement, or any other document under the PPSA.
8.13 The Client agrees to cover Hive Tree Services' cost of any registration or release under the PPSA.
8.14 The Client may not enter into security arrangements for the products to third parties, including but not limited to the PPSA.
8.15 The Client waives their rights to obtain notices under sections 95, 118, 121, 130 and 132 of the PPSA and agrees that sections 96, 115 and 125 of the PPSA do not apply to the Contract. The Client waives all rights under Sections 142, 143 and 157 of the PPSA.
9. Warranty
9.1 Hive Tree Services warrants that it will repair or make good any defects in the Services, provided written notice of the claim is received by Hive Tree Services within seven (7) days from the date the Services were completed.
9.2 This warranty will not apply if: (a) repairs or alterations are carried out on the Services by a person not authorised by Hive Tree Services; (b) the Services have been modified without Hive Tree Services' consent; or (c) the Services have been misused, neglected, or not reasonably maintained after completion.
9.3 Nothing in this clause affects the Client's statutory rights under the Australian Consumer Law.
9.4 Hive Tree Services' liability is limited to the Non-Excluded Guarantees contained in State and Commonwealth law.
10. Liability
10.1 Hive Tree Services shall not be liable for any loss of any kind whatsoever suffered by the Client as a result of any breach of any of Hive Tree Services' obligations under the Contract, including any cancellation of the Contract or any negligence on the part of Hive Tree Services, its servants, agents or contractors, nor shall Hive Tree Services be liable for any loss, damage or injury caused to the Client's servants, agents, contractors, Clients, visitors, tenants, trespassers or other persons where the loss is caused by the Client's negligence, error, omission or acts, including but not limited to existing or installed electricity supply and existing or installed electrical services.
10.2 The Client indemnifies and keeps indemnified Hive Tree Services, its servants and agents in respect of any claim or demand made or action commenced by any person against Hive Tree Services in connection with any loss arising from or incidental to the provision of Products or Services.
10.3 The Client and Hive Tree Services agree to comply with their obligations in relation to Goods and Services Tax (GST) under the A New Tax System (Goods and Services Tax) Act 1999 and any other applicable legislation governing GST.
11. Exclusions and Limitation of Liability
11.1 The Client expressly agrees that use of the Services is at the Client's risk. To the full extent allowed by law, Hive Tree Services' liability for breach of any term implied into these Terms of Trade by any law is excluded.
11.2 All information, specifications and samples provided by Hive Tree Services in relation to the Services are approximations only and, subject to any guarantees under the Australian Consumer Law, small deviations or slight variations from them which do not substantially affect the Client's use of the Services will not entitle the Client to reject the Products and Services upon delivery, or to make any claim in respect of them.
11.3 Hive Tree Services gives no warranty in relation to the Services provided or supplied. Under no circumstances is Hive Tree Services or any of its suppliers liable or responsible in any way to the Client or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues), as a result, direct or indirect of any defect, deficiency or discrepancy in the Services including in their form, content and timeliness of deliveries, failure of performance, error, omission, or defect.
11.4 Any advice, recommendation, information, assistance or service given by Hive Tree Services in relation to Services is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty of accuracy, appropriateness or reliability. Hive Tree Services does not accept any liability or responsibility for any loss suffered as a result of the Client's reliance on such advice, recommendation, information, assistance or service.
11.5 To the fullest extent permissible at law, Hive Tree Services is not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the provision of or failure to provide Services, whether based on Terms of Trade, negligence, strict liability or otherwise, even if Hive Tree Services has been advised of the possibility of damages.
11.6 The Australian Consumer Law may give to the Client certain guarantees. Where liability for breach of any such guarantee can be limited, Hive Tree Services' liability (if any) arising from any breach of those guarantees is limited with respect to the supply of products, to the replacement or repair of the products or the costs of resupply or replacement of the products, or with respect to Services to the supply of Services again or cost of re-supplying the Services again.
12. Force Majeure
12.1 If circumstances beyond Hive Tree Services' control prevent or hinder its provision of the Services, Hive Tree Services is free from any obligation to provide the Services while those circumstances continue. Hive Tree Services may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.
12.2 Circumstances beyond Hive Tree Services' control include, but are not limited to, unavailability of materials or components, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
13. Confidentiality and Privacy
13.1 All parties will keep these terms and conditions and all correspondence and communication between them as confidential and private, excepting for obtaining accounting and legal advice and for compliance purposes.
Hive Tree Services
Hive Pro Collective Pty Ltd | ABN: 40 137 682 055
📞 1300 464 483
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