Terms and Conditions of Service
By instructing the Service Provider to carry out the work, the Client shall be deemed to have accepted these terms and conditions.
1) The Client has the right to terminate this contract at any time. In the event notice of cancellation is received by the Service Provider (i) up to 48 hours prior to the scheduled commencement of the work, no cancellation fee will be charged; (ii) within 48 hours of scheduled commencement of the work, 50% of the quoted rate will be charged; (iii) after commencement of the work, 100% of the quoted rate will be charged.
2) Unless otherwise specified all work shall, where possible, be carried out by the Service Provider in accordance with the current British Standard 3998 ‘Tree Work Recommendations’. Dimensions specified are approximate and, wherever possible, will be to the nearest appropriate pruning point.
3) In the event of a variation affecting the basis on which the quotation is provided including, but not limited to, i) amendments to works required prior to arriving on site; (ii) changes in site / ground conditions since the original visit; (iii) additional works requested / required whilst on site, the quotation will be revised accordingly, either electronically in advance or hand written on the day of work, with agreed amendments signed by the Service Provider and the Client.
4) Where stump‐grinding forms part of the service this 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 Service Provider of any underground services in the vicinity of the stump prior to starting the work.
5) All arisings (including twigs / branches / woodchips / logs / trunks / foliage) will be removed from site and become the property of the Service Provider unless specifically stated otherwise in the quotation.
6) On completion of the works, an invoice will be raised and payment is required immediately. Any complaints concerning the work performed must be immediately notified verbally to the Service Provider personnel on site and then in writing / by email, to the Service Provider within a period of 48 hours. if this is failed to be complied with we hold no responsibility to take any further actions.
7) Following written/verbal instructions from the Client, the Service Provider will check with the Local Planning Authority (LPA): a. Whether the tree(s) are the subject of a Tree Preservation Order (TPO) b. Whether the tree(s) are located within a Conservation Area (CA) If it is found the the trees are under a protection order or in a conservation area the service provider will apply for permission to the appropriate authorities this will usually take upto 6 weeks to clear. the service provider will only apply for permission if the quotation has been accepted. if the application has been submitted and the client cancels or changes the work there will be a £100 administration fee charged to the client.
8) Where works are proposed to third party (i.e. ‘neighbours’) trees, the Service Provider will require written confirmation from the tree owner 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 (see 7. above as this may also apply.)
9) The Service Provider has £10 million Public Liability Insurance and a copy of the certificate is available on request. The Service Provider will operate in accordance with industry good 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, e.g. Clients access to their shed may be restricted during the works.)
10) 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.
11) If the works spread over multiple days, the site will be left as safe as possible at the end of each working day and as agreed with the Client beforehand.
12) The Service Provider 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 Regulations. 2012 (amendment) This legislation requires the Service Provider 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.
13) The Service Provider’s total liability to the Client arising out of or in connection of the performance or non performance of the work under this contract, in tort or otherwise at law shall be limited to £50,000, unless otherwise prohibited by law.
14) All materials remain property of Ash Tree Care until all outstanding invoices have been paid in full.
15) If payment is not completed we hold the right to retrieve any materials that have been used on site.