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.)
1) Notice of the Right to Cancel “Cooling off period” – the client has a minimum of 14 days to cancel the contract (in writing) from acceptance date. In the event of cancelation at short notice costs may be proportionally incurred by the client.
2) This quotation/estimate is valid for 30 days and considers any ‘value’, monetary or otherwise, the arisings may have unless stated otherwise.
3) 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.
4) In the event of a variation to the quotation because 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.
When detailing works/instructions via email to Climbers Way we will only take information directed to us in the email sent directly to us unless specified.
5) Stump-grinding will be to a depth of 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 client will advise the contractor of any underground services near the stump prior to starting the job.
6) 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.
7) 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 immediately notified, in writing/by email, to the contractor or within a minimum period of 24/36/48 hours.)
8) 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. NB Please note, if the contractor undertakes the necessary LPA application/notification an appropriate administrative charge of £25 may be incurred. Similarly, a charge may be incurred for obtainment of a FC felling licence.
9) Where works are proposed to third party trees, i.e. ‘neighbour’s 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 also see 7. above as this may also apply.)
10) The contractor has £10 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.)
11) 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.
12) If the works spread over multiple days, the site will be left appropriately and safe and as agreed with the client beforehand
13) 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
b. Countryside and Rights of Way Act
c. Conservation of Habitats and Species Regs. This legislation requires the contractor to assess the impact of the works which may result in works being delayed because of nesting birds, roosting bats or similar being present.
14) Customer Property: We shall exercise care with property belonging to customers or external providers while it is under our control. We shall identify, verify, protect and safeguard customers’ or external providers’ property provided for use or incorporation into our products and services. When the property of a customer or external provider is lost, damaged or otherwise found to be unsuitable for use, we shall report this to the customer or external provider and retain documented information on what has occurred. We consider a customer’s or external provider’s property to include materials, components, tools and equipment, premises, intellectual property and personal data.
15) Customer Information and Data Protection: Please be reassured that we only use your personal information for the purposes of completing your tree work. Our IT systems are secure, and we don’t share your details with anyone unnecessarily. We would share your details with the Local Authority if we need to make an application for permission to undertake the work and whilst it is unlikely, in certain circumstances work might need a licence from the Forestry Commission. Please refer to our customer privacy notice on our web site for full details.
16.) If any trees are missed, which form part of a quote or survey, Climbers Way cannot be held liable for any damage caused by said trees. It is the customers responsibility to check and confirm the work has been completed as agreed.