Terms and Conditions of Service (Last Updated 6th June 2017)
The Contractor – the person or business undertaking the works
The Client – the person or business instructing the works (upon accepting the quote, agrees to / accepts the following terms and conditions.)
The Contractor Tommy Clark’s Tree Surgery & Garden Maintenance Limited agrees all tree 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 tree works all dimensions and percentages 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 30 days 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.
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 handwritten note on the day of work, with agreed amendments signed by the Contractor and the client.
Quotations are based on the assumption there are no hidden obstructions, such as metal or stone within a tree, or underground services causing added costs and delays. The Contractor reserves the right to re-quote accordingly.
Deposits & Cancellations
The contractor may require a 10% deposit from the client for any works being carried out that have a waiting time of more than 14 days - this is to secure the date of booking. This will be reflected on the invoice upon satisfactory completion of the work.
‘Notice of the Right to Cancel’ – the client has 14 days to cancel the contract (in writing or e-mail) from acceptance date and to have any deposit payments returned, from that date onwards - deposits are non-refundable.
On completion of the quoted works, payment is due within 5 days. An invoice will be given and payments can be made via bank transfer, cash or debit/credit cards only. Cheques are not accepted unless agreed before the work commences. Payment must be made on time and in full. Outstanding accounts will be referred to our debt collecting agency, which will incur a surcharge of 15% of the debt, plus VAT.
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. Applications to Councils are free of charge, although upon accepting our quote, if the Contractor has dealt with a planning application and the Client does not use our services a fee of £75 + VAT will be charged.
All arisings (inc. twigs / branches / woodchips / logs / trunks / foliage / etc) will be removed from site and will remain the property of the Client until the invoice is paid in full, unless specifically stated otherwise in the quotation. The contractor will only remove green waste from our quoted works unless agreed otherwise. For landscape works we hold an upper tier waste carriers license which enables us to transport waste such as bricks, household rubbish, concrete, metal etc.
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.
Stump-grinding will be to a depth of approximately 8 inches 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. Stump Grinding is not included in tree felling and removal unless clearly stated in the quotation.
Landscaping & Gardening
Gardening and Landscape works will be carried out to meet your requirements and will be clearly explained before any works are carried out. For new lawns (turfing) it is the clients responsibility to care for it as required, following our 'Fresh Turf Aftercare Advice'. The Contractor shall be under no liability for any imperfections or damages after installation of new turf once we have returned to complete the free first grass cut. Regular Garden Maintenance does not include tree works, and includes only what is specified on the quotation, to a maximum height of 8ft (e.g hedge trimming) unless stated otherwise.
Although the contractor will scan the area prior to stump grinding with the use of a Cable Avoidance Tool (CAT) to identify any 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 there from and the owner of the land or his agent shall be solely liable for any such damage.
If needed, any charge for the removal of telephone cables, or temporary power shut down shall be the responsibility of the owner, unless otherwise agreed in writing with the Contractor.
The Contractor has £5 million Public Liability Insurance and £10 million Employers Liability Insurance in place. A copy of the certificates are 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.
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.
We are proud of what we do, so we do offer some form of warranty (labour only) on selected services. For example, if The Contractor erected a fence, and 3 weeks later the panel had broken/split we will return to replace, but The Client will be charged for the panel (materials) only. More about our labour only warranties are explained on our quotation forms.
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. Where we cannot resolve any complaints using our own complaints procedure, as a Which? Trusted Trader we use Dispute Resolution Ombudsman for dispute resolution. In the unlikely event of a complaint arising and you wish to refer the complaint to them please contact 0333 241 3209 or via their website http://www.disputeresolutionombudsman.org/which-trusted-traders-partnership/