1. Introduction

These Terms and Conditions (“Terms”) govern the relationship between Mainpower Tree Fellers (“we”, “us” or “our”) and any person (“you”, “the customer” or “the client”) who uses our website, requests a quote or engages our tree felling, trimming, stump removal, site clearing or related services.

By requesting a quote, accepting a quotation, instructing us to proceed with work or using our website at mainpowertreefelling.co.za, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our services.

These Terms are governed by and interpreted in accordance with the laws of the Republic of South Africa, including the Consumer Protection Act, 2008 (Act 68 of 2008) (“CPA”) and the Protection of Personal Information Act, 2013 (Act 4 of 2013) (“POPIA”).

2. Definitions

• “Services” means any tree felling, tree trimming, tree pruning, palm tree maintenance, stump removal, site clearing, emergency tree removal or related work performed by Mainpower Tree Fellers
• “Quote” or “Quotation” means the written cost estimate provided to you after an on-site assessment, detailing the agreed scope of work, pricing and terms
• “Property” means the physical address where the Services are to be performed
• “Work area” means the specific section of the Property where tree work is carried out, including any necessary access routes
• “Debris” means all branches, logs, wood chips, leaves, stumps and other material produced during the performance of the Services

3. Quotations and Pricing

3.1 Free on-site quotes

We provide free, no-obligation on-site quotations for all standard tree work across our Gauteng service areas. There is no call-out fee for quote visits.

3.2 Validity

All quotations are valid for 30 (thirty) days from the date of issue unless otherwise stated in writing. After this period, prices may be subject to change due to factors such as tree growth, seasonal conditions or changes in access.

3.3 Scope of work

The quotation covers only the specific work described in the written quote document. Any additional work requested on site, such as the removal of extra trees, extended stump grinding or additional debris hauling, will be quoted separately before being carried out.

3.4 Price changes

Once a quotation has been accepted in writing, the agreed price is fixed for the scope of work described. We will not increase the price unless unforeseen circumstances are discovered during the job (for example, concealed structural damage, underground services or additional hazards not visible during the initial assessment). In such cases, we will notify you immediately, explain the issue and provide a revised quotation before proceeding with any additional work.

4. Acceptance and Scheduling

4.1 Acceptance

A quotation is accepted when you confirm your agreement in writing by email, WhatsApp, SMS or by signing the quotation document. Verbal acceptance over the telephone is also valid provided it is followed by written confirmation.

4.2 Scheduling

Once a quotation is accepted, a job date and estimated arrival time will be agreed upon. We make every effort to arrive within the agreed time window. However, tree work is weather-dependent and may be delayed by rain, high winds or electrical storms for safety reasons. If a delay occurs, we will contact you as soon as possible to reschedule.

4.3 Access

You are responsible for ensuring that the crew has safe and reasonable access to the Property and the work area on the scheduled date. This includes unlocking gates, securing pets, moving vehicles from the work zone and informing neighbours if access through an adjacent property is required.

5. Payment Terms

5.1 Payment methods

We accept the following payment methods:

• EFT (electronic funds transfer) to our business bank account
• Cash on completion
• Card payment (where available)

5.2 When payment is due

Unless otherwise agreed in writing, payment is due in full upon completion of the work. For larger projects, a deposit of up to 50% may be required before work begins, with the balance payable on completion. Deposit and payment terms will be clearly stated on the quotation.

5.3 Late payment

If payment is not received within 7 (seven) days of the invoice date, we reserve the right to charge interest at the rate of 2% per month on the outstanding amount. We also reserve the right to suspend any further work until the outstanding balance is settled.

5.4 Disputed invoices

If you dispute any portion of an invoice, you must notify us in writing within 7 (seven) days of receiving the invoice. The undisputed portion remains payable by the due date while the dispute is resolved.

6. Performance of Services

6.1 Standard of work

We undertake to perform all Services in a professional, workmanlike manner, using appropriate equipment and techniques consistent with accepted arboricultural practices in South Africa.

6.2 Safety

The safety of our crew, the customer, bystanders and the Property is our first priority. All crew members wear appropriate personal protective equipment (PPE) on site. The work area is cordoned off before cutting begins. We reserve the right to halt or modify work if conditions become unsafe due to weather, structural instability or any other hazard.

6.3 Clean-up

Unless otherwise agreed, all debris generated during the job will be removed from the Property on the same day. The work area will be left in a neat and tidy condition. If you wish to retain any timber, firewood or wood chips, please advise the crew before work begins.

6.4 Equipment

We supply all tools, equipment and machinery required to perform the Services. The customer is not required to provide any equipment. Our crew will not use equipment belonging to the customer unless specifically agreed in writing.

7. Customer Responsibilities

The customer agrees to:

• Provide accurate information about the trees and the Property during the quoting process
• Disclose any known underground services (water pipes, electrical cables, fibre lines, septic tanks) in or near the work area
• Ensure that the work area is accessible and clear of vehicles, furniture, garden ornaments and other movable items on the day of the job
• Secure all pets and ensure that children are kept away from the work area at all times
• Inform us if the Property falls within a heritage area, conservancy or estate with specific tree removal rules or if a municipal tree removal permit may be required
• Obtain any necessary permissions, permits or approvals from the local municipality, homeowners’ association or body corporate before work begins

8. Permits and Regulations

Certain tree species in South Africa are protected under the National Forests Act, 1998 (Act 84 of 1998) and may require a permit from the Department of Forestry, Fisheries and the Environment before they can be removed. Some Gauteng municipalities also have local bylaws governing tree removal.

While we can advise you on whether a tree may be a protected species and guide you on the permit process, obtaining the required permit is the responsibility of the property owner. We will not commence work on a protected tree until the relevant permit has been obtained.

9. Cancellation and Rescheduling

9.1 Cancellation by the customer

You may cancel a confirmed booking by notifying us in writing at least 48 (forty-eight) hours before the scheduled job date at no charge. Cancellations made less than 48 hours before the scheduled date may be subject to a cancellation fee to cover crew allocation and travel arrangements. If a deposit has been paid and the cancellation is made within the 48-hour window, the deposit may be forfeited or applied to the cancellation fee.

9.2 Cancellation or postponement by us

We may postpone or cancel a scheduled job due to unsafe weather conditions (rain, high winds, lightning, hail), equipment failure or other circumstances beyond our reasonable control. In such cases, we will contact you to reschedule at the earliest available date and no cancellation fee will apply.

9.3 Cooling-off period

In accordance with section 16 of the CPA, if the agreement for Services was concluded as a result of direct marketing (for example, a door-to-door visit or unsolicited call), you have the right to cancel the agreement within 5 (five) business days of the date on which the agreement was concluded, without penalty.

10. Risk and Liability

10.1 Reasonable care

We take all reasonable precautions to prevent damage to the Property, surrounding structures, gardens, paving, driveways and landscaping during the performance of our Services. However, tree work by its nature involves inherent risks including falling branches, vibration, soil disturbance and root removal that may affect surrounding areas.

10.2 Pre-existing conditions

We are not liable for damage to structures, paving, underground pipes, retaining walls or other features that are in a weakened, deteriorated or compromised condition prior to the commencement of work, where such condition was not visible or disclosed during the initial site assessment.

10.3 Limitation of liability

Our total liability for any claim arising from the performance of our Services is limited to the total value of the quotation for the specific job in question. We are not liable for any indirect, consequential or special damages, loss of income, loss of use of the Property or any claim by a third party, except where such liability cannot be excluded under South African law.

10.4 Force majeure

We are not liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to severe weather events, power outages, civil unrest, government restrictions or natural disasters.

11. Complaints and Disputes

11.1 Reporting concerns

If you are not satisfied with any aspect of our Services, please contact us within 7 (seven) days of the completion of the work so that we can investigate and, where appropriate, rectify the issue. Contact details are provided in Section 16 below.

11.2 Resolution

We are committed to resolving complaints fairly and promptly. We will acknowledge your complaint within 48 hours and aim to provide a resolution within 14 (fourteen) days. If we cannot resolve the matter directly, either party may refer the dispute to mediation or the relevant consumer protection body.

11.3 Consumer rights

Nothing in these Terms limits or excludes any rights you may have under the CPA, including the right to fair and honest dealing, the right to receive services of a reasonable quality and the right to a fair remedy where services are not performed to a reasonable standard.

12. Intellectual Property

All content on our website, including text, images, logos, graphics and design, is the property of Mainpower Tree Fellers or its licensors and is protected by South African copyright and intellectual property laws. You may not copy, reproduce, distribute or use any content from our website without our prior written consent.

13. Website Use

13.1 Accuracy of information

We make every effort to ensure that the information on our website is accurate and up to date. However, we do not guarantee that all content is free from errors or omissions. Service descriptions, pricing indications and availability may change without notice.

13.2 Third-party links

Our website may contain links to external websites for informational purposes. We are not responsible for the content, accuracy or privacy practices of any third-party websites.

13.3 Availability

We do not guarantee uninterrupted access to our website. The website may be temporarily unavailable due to maintenance, updates or technical issues.

14. Privacy

Your personal information is collected, processed and stored in accordance with our Privacy Policy and in compliance with POPIA. By using our Services, you consent to the collection and processing of your personal information as described in the Privacy Policy.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of South Africa. Any dispute arising from or in connection with these Terms or the Services provided shall be subject to the jurisdiction of the Magistrate’s Court or the High Court of South Africa, Gauteng Division, as appropriate.

16. Contact Us

If you have any questions about these Terms and Conditions, need to report a complaint or wish to discuss any aspect of our Services, please contact us:

17. Changes to These Terms

We reserve the right to update or amend these Terms and Conditions at any time. Any changes will be posted on this page with an updated effective date. We encourage you to review this page periodically. Continued use of our website or Services after changes are posted constitutes your acceptance of the updated Terms.