Arboricultural specialists: CONDITIONS OF CONTRACT

Definitions:

The Client: Being the person or persons who has requested a quotation for works/ authorised the works to proceed and will normally be the owner of the trees specified or will be the owner’s representative in whatever capacity with regard to said trees.

The Estimator: Being the person who has carried out the site inspection and forwarded the quotation for works.

The Quotation: Being the written specification and costing for works as inspected and /or discussed on site and sent to the client. Quotations are valid for six months from their date after which period the Contractor reserves the right to amend costs/submit a new quotation.

The Works: Being the tree work operations as detailed in the quotation.

The Contract: Being the works in the quotation requested/accepted/agreed by the client in writing.

The Contractor: Being (Arbforce Tree Surgeons).

GENERAL:

Tree Preservation Orders/ Conservation Areas: If the trees detailed in the quotation are covered by individual or group Tree Preservation Orders or are located within a Conservation Area the Contractor can/will obtain any necessary Local Authority consents for work on behalf of the client on written acceptance of the contract.

Insurance: The Contractor is covered by £5,000,000 Public Liability Insurance and £10,000,000 employers liability. Copies are available for inspection on request.

Additional Works: If, during the execution of the contract additional works are requested by the client who is outside of the original quotation, then their cost can be agreed on site (and signed in confirmation by the client on the quotation sheet) or an additional quotation can be prepared which may necessitate a further site inspection(s) by the original estimator.

Emergency call out: Set rates apply and are chargeable from time of instruction.

Cancellation: 24 hours notice of cancellation of scheduled works is required, otherwise a minimum call out charge of £60.00 + VAT will be levied.

Neighbouring Trees: If works are to be carried out on a clients neighbours trees which necessitate access to their property then written consent from the owner will be required. Any works carried out on a clients neighbours trees which do not necessitate access to their property do not need written consent but it is deemed prudent to inform them of proposed works. All the above are the sole responsibility of the client.

Parking: Where Residents Parking or Pay and Display bays apply with regard to the contractors vehicle parking requirements then the local council parking suspension costs will be chargeable to the client +vat.

Day/Hourly Rate: Where applicable day/hourly rates will be quoted on a man-hour basis and will cover travelling time in addition to time on site.

Weekend/Public Holiday Rate: Works undertaken on Saturdays are subject to a 25% surcharge, works undertaken on Sundays/Bank Holidays are subject to a 35% surcharge.

Payment: Payment is due upon the satisfactory completion of the contract, unless otherwise agreed. The client is requested to sign the ‘Completion statement’ for our records. Cheques should be made payable to ‘Arbforce’ and passed to the foreman on site.

Complaints: Any complaints/queries relating to the satisfactory completion of works must be raised with our head office within 24 hours of receipt of invoice; otherwise the contractor reserves the right to charge additional fees for further works/attendance/amendments.

Settlement of disputes: The contractor will do everything possible to resolve any misunderstandings arising from contract works to the satisfaction of both parties. If agreement cannot be reached then it is possible to contact the Arboricultural Association for mediation/resolution purposes.
VAT: is not at this time applicable.

THE WORKSITE:

Site Conditions: The contract price is based on site conditions as inspected by the estimator. The contractor reserves the right to levy additional costs subject to the degree of additional obstruction or to delay, postpone or rearrange works as necessary. The works area must be accessible prior to commencement of works. The contractor does not accept any responsibility for any damage or loss incurred through the need to clear access for works.

Services: The contractor will, upon written acceptance of contract, make any necessary arrangements with relevant authorities to make safe any external/ overhead power services. Any costs will be chargeable to the client.

It is the responsibility of the client to inform the contractor of any underground services within the proposed area of works prior to commencement. The contractor will not accept liability for any damage to services not informed about and reserves the right to cancel works deemed a potential hazard. Any injury to operatives caused through contact with undisclosed services will remain the responsibility of the client.

Weather conditions: The contractor reserves the right to delay, postpone or cancel works affected by inclement/dangerous weather conditions and to resume works as soon as conditions allow.

Wildlife and Countryside Act: 1981/2000 – Crow Act (2000) Bats: The contractor shall take all reasonable steps to ensure the safe retention of any wildlife habitats and reserves the right to delay, postpone or cancel works accordingly and to resume works as soon as practical.

Site Clearance: The contractor shall take all reasonable steps to ensure the worksite is left clear and safe at days end and on completion of all works.