Terms and Conditions of Service
The Contractor – the person or business undertaking the works & The Client – the person or business instructing the works (and in so doing, and accepting the quote, agrees to / accepts the following terms and conditions.)
The Contractor SEVENOAKS TREE CARE agrees all works will be in accordance with the current British Standard 3998 ‘Tree Work Recommendations’ where possible unless specified otherwise and guidelines provided by the Health and safety executive. In the quotation of works all dimensions specified are approximate, and wherever possible, will be to the nearest appropriate pruning point.
This quotation which also provides the schedule of works is valid for 6 months or 1 growing season after which the Contractor reserves the right to withdraw and re-price unless otherwise agreed in writing. Upon acceptance of the works the agreed price will remain as per quotation until the work is completed unless the work is delayed by the customer.
3.Change to Quotation
In the event of a variation to the quotation as a result of:
Amendments to works required prior to arriving on site, or
Changes in site / ground conditions since the original visit, or
Additional works requested / required whilst on site
The quotation will be revised accordingly, either electronically in advance or where appropriate in a hand written note on the day of work, with agreed amendments signed by the Contractor and the client.
Quotations for felling are based on the assumption there are no hidden obstructions in the tree such as metal or stone. In the event of a tree being impossible to fell in the normal way, the Contractor reserves the right to re-quote accordingly.
5.Right to Cancel
‘Notice of the Right to Cancel’ – the client has 14 days to cancel the contract (in writing) from acceptance date. This does not apply to urgent/emergency work or other such work undertaken at short notice (within 14 days).
On completion of the quoted works, an invoice will be raised, and payment is required within 36 hours of receipt by electronic transfer. Where customers do not have access to email and/or electronic banking an alternative payment method will be agreed prior to carrying out the works. Value Added Tax will be charged at the current rate. The Contractor reserves the right to charge interest on fees outstanding for more than 14 days at the rate of 10% per week from the agreed date of payment.
Tree Preservation Orders and Conservation Areas
Following written/verbal instructions from the client, the Contractor will check with the Local Planning Authority (LPA) if the tree(s) are the subject of a Tree Preservation Order or located within a Conservation Area.
The Contractor will also consider whether a Felling Licence is required from the Forestry Commission (FC) or if any other permissions / consultations are required, i.e. Natural England / Environment Agency.
Please note, if the Contractor undertakes the necessary LPA application / notification an administrative charge of £30 will be incurred. Similarly, a charge may be incurred for obtainment of a FC felling licence.
Where works are proposed to third party trees, i.e. ‘neighbours’ trees’, the Contractor will require written confirmation from the tree owner (‘the neighbours’) that the works are agreed and where necessary, that access is permitted. If works only apply to overhanging branches that can be pruned from within the client’s property then permission is not required but the neighbour should be advised where practicable.
All arisings (inc. twigs / branches / woodchips / logs / trunks / foliage etc) will be removed from site and become the property of the Contractor unless specifically stated otherwise in the quotation.
The site will be left generally ‘clean, tidy and safe’ but because of the very nature of the works including the production of wood dust, chainsaw / wood chippings / twigs / leaves and needles etc. and the traversing of site personnel it will not be as it was prior to commencement of works. If the works spread over multiple days, during the course of the work the site will be left appropriately and safe before the final clear up on the last day.
12. Stump Grinding
Stump-grinding will be to a depth of approximately 300mm below the immediately adjacent ground level and will include the removal of the stump and buttress roots but will not include lateral roots unless otherwise specified. The arising will be left on site and backfilled into the hole to mulch down unless specifically stated otherwise in the quotation. The client will advise the Contractor of any underground services in the vicinity of the stump prior to starting the job.
13. Underground services
Unless a plan showing the exact location of underground pipes, wires or cables has been forwarded to us by the Owner of the land (or his agent) prior to the formation of the contract, the Contractor shall be under no liability for any damage caused as a result of work performed under the Contract to such pipes, wires or cables, or for any damage to property resulting therefrom and the owner of the land or his agent shall be solely liable for any such damage.
14. Overhead services
Any charge for the removal of power lines or telephone cable shall be the responsibility of the owner, unless otherwise agreed in writing with the Contractor.
The Contractor has £5 million Public Liability Insurance and a copy of the certificate is available on request. The Contractor is also covered by Professional Indemnity Insurance. The Contractor will operate in accordance with good industry practice, their Health & Safety Policy and Procedures and undertake Site Specific Risk Assessments (the outcomes of which may place constraints on the site whilst works are in progress, e.g. the client cannot access their shed without prior agreement from ground staff.)
16. Ecological and Wildlife Legislation
The Contractor will undertake the works as scheduled but is aware of and may be constrained by ecological and wildlife legislation including:
Wildlife and Countryside Act 1981
Countryside and Rights of Way Act 2000
Conservation of Habitats and Species Regs. 2012 (amendment)
This legislation requires the Contractor to assess the impact of the works which may result in works being delayed as a result of nesting birds, roosting bats or similar being present.
17. Complaints or concerns
Any complaints or concerns following completion of works MUST be notified, in writing / by email, to the Contractor within a maximum period of 48 hours.
18. Data Protection