Terms and Conditions

1. About These Terms

These Terms and Conditions govern the provision of tree services by AP ARB PTY LTD trading as The Living Canopy (ABN 62 679 038 410), referred to throughout as "The Living Canopy", "we", "us" or "our". By requesting or accepting a quote or engaging our services, you agree to be bound by these terms.

These terms are governed by and construed in accordance with the laws of New South Wales, Australia.

2. Quotes and Pricing

All quotes provided by The Living Canopy are:

• Valid for 30 days from the date of issue, unless otherwise stated in writing
• Based on the information available at the time of the site visit or enquiry
• Subject to revision if site conditions differ materially from those described or observed during quoting
• Exclusive of GST unless stated otherwise — GST will be added to the quoted price where applicable

Verbal quotes are indicative only. We are not bound by verbal estimates. Written quotes via email or quote form are binding for the stated validity period.

Additional charges may apply where unforeseen site conditions arise that were not apparent at the time of quoting — for example, hidden decay, concealed obstacles, or access difficulties not previously identified. We will notify you before proceeding if additional costs are anticipated.

3. Payment Terms

• Payment is due on completion of the works unless otherwise agreed in writing
• For larger jobs, we may require a deposit of up to 30% prior to commencement
• Accepted payment methods: bank transfer (EFT), cash. Card payments by arrangement
• Invoices not paid within 14 days of the due date may incur a late payment fee of 2% per month on the outstanding balance
• All costs associated with debt recovery, including legal fees, will be the responsibility of the customer where payment remains outstanding

4. Council Permits and Regulatory Compliance

The customer is responsible for obtaining all necessary council tree permits and development consents required before tree work commences, unless we have agreed in writing to manage the permit application on your behalf.

Where The Living Canopy has agreed to assist with permit applications, we will prepare and submit the application using the information available to us. We cannot guarantee permit approval — this is at the sole discretion of Northern Beaches Council or the relevant authority. Fees paid to council for permit applications are the customer's responsibility unless otherwise agreed.

The Living Canopy will not carry out tree removal or significant pruning on trees that require a permit without evidence that the permit has been granted, or confirmation that an exemption applies.

5. Standards of Work

All pruning work carried out by The Living Canopy is performed in accordance with AS 4373-2007 — Pruning of Amenity Trees, the Australian standard for the pruning of amenity trees. We do not carry out topping or other harmful pruning practices that are inconsistent with this standard.

Arboricultural impact assessments for development applications are carried out in accordance with AS 4970-2009 — Protection of Trees on Development Sites where applicable.

6. Insurance

The Living Canopy holds $20 million public liability insurance. A certificate of currency is available on request. Customers engaged in strata property work or commercial contracts requiring evidence of insurance should request this prior to work commencing.

Our insurance covers damage caused by our negligence in the course of carrying out the agreed work. It does not cover pre-existing damage or damage arising from customer instruction to carry out work that we have advised against.

7. Customer Responsibilities

The customer agrees to:

• Provide accurate and complete information about the site and the trees to be worked on
• Ensure that access to the property is available at the agreed time
• Advise us of any known hazards on site (underground services, structural issues, restricted access)
• Ensure that council permits are in place prior to commencement where required
• Keep the work area clear of people and animals during the works

8. Cancellation and Rescheduling

• We require a minimum of 24 hours notice to cancel or reschedule a booked job without charge
• Cancellations with less than 24 hours notice may incur a cancellation fee of up to 20% of the quoted job value to cover mobilisation and scheduling costs
• We reserve the right to reschedule jobs due to severe weather, equipment failure or other circumstances outside our control. We will notify you as soon as practicable and reschedule at the earliest available time

9. Limitation of Liability

To the maximum extent permitted by Australian consumer law, The Living Canopy's total liability to the customer for any claim arising out of the provision of services is limited to the value of the work performed under the relevant quote or contract.

We are not liable for indirect, consequential or economic losses, including loss of income, property damage not caused by our negligence, or loss arising from delays beyond our control.

Nothing in these terms excludes any guarantee, warranty or right that cannot be excluded under the Australian Consumer Law (ACL), including consumer guarantees under the Competition and Consumer Act 2010 (Cth).

10. Timber and Green Waste

Unless specifically agreed otherwise:

• All timber, green waste and debris removed during tree works becomes the property of The Living Canopy for disposal
• Customers wishing to retain timber or mulch must advise us in advance — this may affect the quoted price
• Mulch produced on site may be left on the customer's property at no extra charge if requested

11. Dispute Resolution

In the event of a dispute arising from our services, the parties agree to attempt resolution through direct negotiation in good faith before pursuing formal legal action. If direct negotiation fails, the parties may engage a mutually agreed mediator before proceeding to legal proceedings. Any legal proceedings will be conducted in the courts of New South Wales.

12. Governing Law

These Terms and Conditions are governed by the laws of New South Wales, Australia. Any dispute arising in connection with these terms is subject to the exclusive jurisdiction of the courts of New South Wales.

13. Contact

For any questions regarding these Terms and Conditions, contact:

• Business: AP ARB PTY LTD trading as The Living Canopy
• ABN: 62 679 038 410
• Email: hello@thelivingcanopy.com
• Phone: 0452 030 077