Terms and Conditions

This is Our Agreement: NCSG and You

These Terms and Conditions (T&Cs) define the contract between North Canterbury Stump Grinding (NCSG/Jacob Milne/We) and you (The Customer). When you accept our written quote and confirm a date for the work, you agree to abide by these T&Cs. We consider this acceptance the formal beginning of a clear, fair working relationship. These T&Cs are designed to clearly stipulate both our obligations and your responsibilities, ensuring a smooth service delivery.

Quoting, Acceptance, and Starting Work

Price Estimates, Quotes, and Variation

We first provide an initial price which is an estimate only, typically provided before a detailed site assessment. Once Jacob Milne completes an inspection or confirms the precise dimensions and location, we send a detailed, written quote. This quote represents a binding price for the specific scope of work outlined.

We make every endeavour to provide the work at the time and place arranged between us. While we aim for punctuality and efficiency, we will not be liable for any loss you incur as a result of any unforeseen delay. We promise to communicate any necessary scheduling changes with you immediately.

A critical requirement is the accurate representation of the job scope. If we are unable to start or complete the work as agreed solely due to an action or inaction by you—for example, if the job site conditions differ significantly from what was described or quoted—we are entitled to charge a reasonable fee for the resulting delay, rescheduling, or for the lost time and travel. This fee protects us from incurring undue costs when we mobilize the machinery (which is 75cm wide, 2.5 meters long, and weighs 680kg) and travel to the site, only to find the work cannot proceed as planned.

Your Responsibilities on Site (Preparation and Access)

You must provide clear instructions and reasonable assistance to enable us to perform the Work safely and efficiently. NCSG relies on you to ensure the site is ready for the machinery and grinding process.

We bring a specialised stump grinding machine capable of reaching tight spots. You must guarantee a clear access path of at least 75cm width to the stump location, noting that we must also consider obstacles like steps, raised garden beds, tight corners, and crossing wooden decks. Access issues discovered upon arrival may result in a minimum call-out fee or job cancellation if the necessary path is unavailable.

Furthermore, we require you to prep the grinding site by removing all loose materials. You must remove any landscaping stones, gravel, and weed matting from the work area. Foreign objects like stones can cause serious, expensive damage to the fast spinning grinding wheel. If such damage occurs due to your failure to clear the area, we reserve the right to pass the repair charges on to you.

Underground Services: Protecting What’s Beneath the Surface

This section outlines the liability structure concerning services buried beneath the stump. This is a high-risk area, and the contractual responsibility must be clearly defined before work commences.

Your Obligation to Locate and Mark

You are solely responsible for ensuring you check and accurately mark the location of all underground services on your property before we start grinding. This obligation is a fundamental condition of our work. Services that must be located include, but are not limited to: power, water, storm water, fibre broadband cable, and irrigation lines.

To fulfil this responsibility, you must use reliable methods, such as checking property plans, hiring a professional service locator, or pre-digging to confirm the area is entirely clear.

Limitation of NCSG Liability

If you do not explicitly locate or mark these services prior to our arrival, we, Jacob Milne and NCSG, operate under the principle of "All Care and No Responsibility" for subterranean damage. This clause is essential for mitigating the significant financial exposure inherent in stump grinding over unseen utility lines.

By accepting the quote, you agree to bear the full financial cost of repairing any damage caused to unmarked or unlocated underground services during the grinding process. You also agree to cover any resulting costs, including third-party fees, fines, and consequential losses that occur because of the damage. We will use our own discretion as to how deep it will be safe to grind if services are not located.

Payments, Invoicing, and Cancellation

Payment Terms

We send an invoice immediately upon the satisfactory completion of the job. Unless we have agreed otherwise in writing, you must make the payment immediately upon receiving the invoice. We reserve the right to charge interest on any late payments.

Cancellation and Postponement Fees

If you need to cancel or postpone the scheduled job, you must notify NCSG at least one (1) working day (24 hours) prior to the agreed commencement date. If you provide less than one working day notice, or if we cannot complete the work due to site issues caused by your action, we reserve the right to charge a late cancellation or call-out fee, reflecting the lost opportunity to schedule other work.

Safety, Warranty, and General Liability

Safety Standards

We conduct all arboriculture operations following the latest version of the best practice guideline as outlined by the New Zealand Arboriculture Association. We ask that you, your family, and any pets stay outside the clearly marked work area while we operate the machinery to ensure everyone’s safety. We set up protective boards and screens as necessary to protect surrounding plants and nearby structures from flying debris generated by the fast spinning cutting wheel.

Warranty and Complaints

If you have a complaint about the quality or standard of the work we performed, you must notify NCSG in writing within seven (7) days of the job’s completion. We will review the issue promptly and work with you to resolve it in a fair and timely manner.

Liability and NZ Consumer Law

We confirm that we maintain Public Liability Insurance up to a defined limit. This insurance covers our operations but is subject to the limitations regarding unmarked underground services previously detailed.

New Zealand consumer legislation contains important protections. If you acquire our services for the purposes of a business (in terms of sections 2 and 43 of the Consumer Guarantees Act 1993), you confirm that the guarantees provided under the Consumer Guarantees Act 1993 are excluded. This exclusion is legally permissible and means that if we are dealing with a commercial client, we operate under commercial contractual terms, excluding statutory consumer protection guarantees. We exclude all other imposed warranties, conditions, or obligations to the extent permitted by law.

After the Grind: What Happens to the Chips?

The stump grinding machine chews through the stump, converting it into small wood chips. It is vital to manage customer expectations regarding this byproduct to prevent confusion about cleanup costs.

Unless we specifically quoted and charged for chip removal, NCSG leaves the resulting wood chips on-site. Our default procedure is to use these chips to refill the hole where the stump was, and we leave the remainder nearby for you to use as mulch in other parts of your garden. If you require us to remove and dispose of all wood chip debris from the site, you must request this at the time of quoting, and we will include the separate cost for disposal in the final invoice.

Governing Law and Contact

These terms and conditions are governed by the laws of New Zealand.

Contact Details:

Jacob Milne, North Canterbury Stump Grinding (NCSG)

Email: j.milne@ncstumpgrinding.co.nz

Phone: 027 242 3522