Terms and Conditions of Service for Brackendale Tree Care Limited
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.)
- ‘Notice of the Right to Cancel’ – the client has 14 days to cancel the contract (in writing) from acceptance date. Jobs cancelled outside of the cancellation period with less than 24 hours notice will be charged for reasonable losses incurred.
- This quotation/estimate is valid for 3 months and takes into account any ‘value’, monetary or otherwise, the arisings may have unless stated otherwise.
- Once a date is booked due to weather or any unforeseen circumstances this can be subject to change. Where possible clients will be notified of change minimum 1hour before works are due to start.
- If works cannot be started or completed due to the fault of the customer i.e. preventable obstructions or no site access customers may still be charged for the uncompleted works.
- All trees appearing on the schedule of work have been inspected from ground level and recommendations have been made on this basis. If we carry out this schedule and the contractor discovers a defect not previously detected and in his opinion it is a threat to public safety he will report this defect to the client who can then agree on any variations to the quotations.
- Quotations for works are based on the assumption of trees or stumps being free from metal, stone, wire, cables or other hidden obstructions. In the event of works being impossible to carry out in the normal way Brackendale Tree Care Limited reserves the right to review accordingly.
- Investigation of private covenants shall be the responsibility of the owner and no liability shall attach to the contractor for a breach of any such covenant.
- All works will be in accordance with the current British Standard 3998 ‘Tree Work Recommendations’ where possible unless specified otherwise. Dimensions specified are approximate and, wherever possible, will be to the nearest appropriate pruning point.
- In the event of a variation to the quotation as a result of:
a. Amendments to works required prior to arriving on site, or
b. Changes in site / ground conditions since the original visit, or c. Additional works requested / required whilst on site the quotation will be revised accordingly, either electronically in advance or in a hand written on the day of work, with agreed amendments signed by the contractor and the client.
- Stump-grinding will be to a depth of 400mm below the immediately adjacent ground level and will include the removal of the stump and buttress roots but will not include lateral roots or any stump grinding debris unless otherwise specified. The client will advise the contractor of any underground services in the vicinity of the stump prior to starting the job. Brackendale Tree Care Limited will not be held liable for damage to service cables or service pipes during any stump grinding. Stump grinding can be restricted due to walls, kerb stones, fence panels etc.
- 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. Only debris created by the contractor is removed unless otherwise discussed, i.e. Apples/fruit on the ground under a tree, fallen leaves etc.
- Following written/verbal instructions from the client, the contractor will check with the Local Planning Authority (LPA):
a. Whether the tree(s) are the subject of a Tree Preservation Order
b. Whether the trees are 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. Once quote is agreed if the job is then cancelled once permissions are submitted there will be a £40 +Vat charge.
- 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. (Please see no.19 as this may apply.)
- 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, the site will be left appropriately and safe and as agreed with the client beforehand.
- Unless a plan showing the exact location of underground pipes, wires or cables has been forwarded to Brackendale Tree Care Limited by the owner of the land/Property for his agent prior to the start of the contract, the contractor shall not be liable 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 therefore and the owner of the land or his agent shall be solely liable for any such damage.
- The contractor will undertake the works as scheduled but is aware of / may be constrained by ecological and wildlife legislation including:
a. Wildlife and Countryside Act 1981
b. Countryside and Rights of Way Act 2000
c. 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.
- Any power lines or telephone cables or any such services which need removing are to be the responsibility of the client or owner of the property. And will be at their cost.
- The contractor has £5 million Public Liability Insurance and a copy of the certificate is available on request. 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, i.e. the client can’t access their shed without prior agreement from ground staff.)
- On completion of the works, an invoice will be raised and payment is required within 7 days OR payment is required in full on completion of the quoted works (unsatisfactory completed jobs MUST be notified, in writing / by email, to the contractor as soon as is reasonably practical). Brackendale Tree Care reserves the right to add interest to late payments of over 30 days.
Brackendale Tree Care Limited reserves the right to add interest to late payments of over 30 days. Brackendale Tree Care Limited will exercise the right to claim statutory interest (at 8% over the current Bank of England Base Rate) and compensation of recovery costs under the late payment legislation if payment is not received after 30 days.
All payments are to be paid by the client we will not chase from third parties. If a bill is being split with a third party we will not get involved with this as full payment remains the clients’ responsibility.