The Contractor – Climbers Way Tree Care Ltd, a company registered in England and Wales, with the company registration number of 09154379, and the registered office address of 33a Portsmouth Road, Southampton, England, SO19 9BA
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’ – the Client has a min. 7 days to cancel the contract (in writing) from acceptance date.
2. This quotation/estimate is valid for 30 days and takes into account 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 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
b. 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.
5. Stump grinding will be to a depth of 150mm 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 in the vicinity of the stump prior to starting the job. On occasions of uneven ground or obstacles desired depth may be restricted. Lateral limbs will rot over following years which in some rare occasions may cause slight adjustments within the surface area, this is unavoidable and will not be the Contractor’s responsibility to amend. The grindings from the stump that has been ground out are always left on site unless listed otherwise.
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 for Domestic Clients (Domestic Clients being classed as work which has been undertaken at the Client’s residential property). Payment is required within 30 days for Commercial Clients (Commercial Clients being all other Clients that are not Domestic Clients). Any unsatisfactory works MUST notify to the Contractor, in writing or by email, within 48 hours of completion of the works.
8. If payment is not received in accordance with paragraph 7, the Contractor reserves the right to charge the Client interest on any unpaid invoice(s) at the rate of 8% per annum above the base rate of the Contractor’s bank and to withhold any further works or to cancel any unexecuted portion of any works. The Contractor also reserves the right to recover any and all costs incurred by the Contractor in recovering overdue payments from the Client.
9. 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
c. 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.
10. 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 also see 7. above as this may also apply.)
11. The Contractor has 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.)
12. If any ground work is to be completed by the Contractor or on behalf of the Contractor it will not be the Contractor’s responsibility if, in the coming years, the ground level changes due to soil conditions changing, because of water content or any other issue.
13. The Contractor will always try to leave the property of the Client in a clean and safe condition, however due to the nature of the work that will produce dust, wood chippings, needles, brash etc, there will be evidence of operatives attending the site.
14. If the works spread over multiple days, the site will be left appropriately and safe and as agreed with the Client beforehand
15. 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)
d. 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.
16. Where trees are subjected to heavy reductions / pollarding, even when this is a repeat operation, no guarantee can be given the tree will continue to grow as this may have a massive physiological shock resulting in them dying.
17. When removing a tree to ground level, the Contractor will try to reduce the stump to the lowest possible point. However due to ground conditions, in some instances the stump may need to be left slightly above ground level.
18. If any arisings are to be brought through any houses/indoor garages it is the owners responsibility to cover any surfaces to prevent damage.
19. It is the Clients responsibility to make the Contractor knowledgeable of any underground services which may be affected by free falling timber prior to when the practical works are due to commence.
20. It is the Clients responsibility to make the Contractor aware of any Tree Preservation Orders (TPO’s) and Conservation Orders within their property to ensure we can obtain the appropriate consents.
21. When the scheduled work is being conducted, if our operatives discover a foreign object within the wood, such as metal, then we will be unable to remove the timber from the property. It will be the clients responsibility to dispose of the timber at no cost to the Contractor.
22. If the client does not meet an individual from the Contractor on site before practical work commences then a 50% deposit of the total estimate will be required before the practical work is commenced.