Terms and Conditions of Service for Peter Yeates Arboriculture,
For the purposes of this contract, the ‘Contractor’ being the individual or business undertaking the works & the ‘Client’ being the individual or business instructing the works. By so doing, and accepting the quote, agrees to and accepts the following terms and conditions;
a. ‘Notice of the Right to Cancel’ – the client recognises that the 14 day cancellation period begins immediately after the client has signed and agreed to enter into a contract for the services quoted/estimated. Should the client wish to cancel the contract within the 14 day period notice of cancellation must be made in writing to our office of which address is available on request, no other method of cancellation will be acceptable, and under no circumstances will the notice of the right to cancel be extended past the 14 days required by statute. Any correspondence emails, written media or phone calls relating to the acceptance of a quote will be kept until full payment is made as evidence of initial acceptance.
b. The client acknowledges their “right to cancel”, and if requiring works to be carried out before the 14 day cancellation period or requesting “emergency” works to be carried out then the clients right to cancel will be limited or in some cases forfeited, regardless the client must pay for the value of the service that is provided up to the point the client has cancelled. The value of the service provided will be calculated by the contractor and will be a fair and reasonable price as required by the Consumer Rights Act 2015.
2) The quotation/estimate will be made in writing, valued in GBP and valid for 90 days, taking into account any ‘value’, monetary or otherwise, 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 and/or ground conditions since the original visit, or
c. Additional works requested or required whilst on site
The quotation will be revised accordingly, either electronically in advance, or in a hand written note on the day of work, with agreed amendments signed by the contractor and the client. No extra works will be carried out without additional charge, or in absence of both parties consent.
5) Stump-grinding will be to a depth of 200mm below the immediately adjacent ground level, unless not feasible possibly due to circumstances such as machine size, poor access or underground obstructions, and will include the removal of the stump and buttress roots but will not include lateral roots unless otherwise specified. The client should advise the contractor of any underground services in the vicinity of the stump prior to starting the job.
6) All arisings including twigs, branches, woodchips, logs, trunks, foliage etc. will be removed from site and become the property of the contractor unless specifically requested by the client and this is agreed and stated in the quotation.
7) Upon completion of the works, an invoice will be raised and payment is required in full on completion of the quoted works. Unsatisfactory completed jobs must be immediately notified, in writing or via email, to the contractor within a minimum period of 48 hours. In some circumstances payment may be made to the contractor by the client within 14 days, however this is the maximum amount of time provided by the contactor, failure to do so will void all previous discounts that may have been applied and a revised invoice will be issued.
8) Following written 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.
Unless written instructions are received from the client, It is the responsibility of the client to check that any trees that are to be worked on are either not covered by a TPO or do not fall into a conservation, or in the instance that a tree to be worked on is covered by either a TPO or falls into a conservation area, that the relevant local planning authority/authorities have been contacted, the correct application process has been followed and that permission has been formerly given for the required works to be carried out. The contractor will require written proof that permission has been obtained if necessary before agreeing to carry out any works. The contractor will not accept any liability should the client knowingly or unknowingly mislead them or fail to follow procedure in any way regarding tree ownership, TPO’s or Conservation areas.
9) 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, the requirements of clause 8 must be satisfied with respect to third party trees, and the contractor will not accept liability for the failure of client to obtain necessary permissions and/or licences.
10) The contractor has £10million Public Liability and Employers 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. The client must accept and agree to any constraints placed on individual sites in accordance with health and safety procedures before any work will be carried out.
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 although every effort will be made to return the site to a condition equal to that as found before work commencement or better.
12) In accordance with the Consumer Rights Act 2015, works will be carried out with a reasonable care and skill and to a reasonable time frame. However, due to the very nature of the works a specific time frame may not be given, this does not affect your statutory rights. If the works are 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 but not limited to:
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.
14) The Contractor will be notified by the Client if the Client feels that they are in anyway unclear of or uncertain of any terminology used by the Contractor in any quote, invoice or other correspondence. Once notified, the Contractor will endeavour to clarify the query with the Client. As the contractor is willing to clarify any terminology the client is unsure of the contractor will not accept liability arising from the Client “misunderstanding” anything in any correspondence and full payment will still be required for the works carried out by the contractor.
15) The terms and conditions provided are in accordance with the Consumer Rights Act 2015, Unfair Contract Terms 1977 and the Supply of Goods and Services Act 1982 and do not affect the clients statutory rights. Upon the acceptance and signature the contract becomes legally binding, the client and contractor will be bound to the terms and conditions listed above, failure to adhere to the terms and conditions will result in a breach of the contract.