Definitions
Client: The person who requested a quotation for works and authorised the works to proceed. This person will normally be the owner of the trees or the owner’s representative.
Estimator: The person who carried out the site inspection and prepared the quotation for works.
Operative: Any representative appointed by the contractor.
Quotation: The written specification and costing for the works as inspected and/or discussed on site and sent to the client. All quotations are without obligation. Quotations are valid for six months from their date after which period the contractor reserves the right to amend costs/submit a new quotation.
Works and services: Tree surgery, surveying, arboricultural advice, liaison with local authorities and any other work indicated in a written quotation.
Goods: Articles that the Client agrees to buy from the Contractor.
Contract: Agreement between Midland Tree Surgeons Ltd and a Client in which the Client requires Midland Tree Surgeons Ltd to carry out specified works for a given remuneration. The Contract takes effect on acceptance by the Client in writing of the quotation submitted by the Contractor.
Site: The location where the works and services will be performed.
Contractor: Midland Tree Surgeons Ltd, Unit 4 Lancaster Park, Newborough Road, Needwood, Burton-on-Trent, Staffordshire, DE13 9PD.
General
Standard of work: All tree works will be completed in line with BS3998:2010 Tree Work – Recommendations where appropriate unless instructed otherwise by the Client. Arboricultural consultancy work will accord with BS5837:2012 Trees in relation to design, demolition and construction – Recommendations or other appropriate British Standard if appropriate.
Tree preservation orders and/or 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 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, £10,000,000 employer’s liability insurance and £1,000,000 professional indemnity insurance. Copies are available upon request.
Additional works: If, during the execution of the Contract additional works are requested by the Client that are outside the original quotation, their cost can be agreed on site (and the job sheet signed by the client as confirmation) or an additional quotation can be prepared, which may require a further site visit by an Estimator.
Emergency call out: Set rates apply that are chargeable from the time of instruction.
Cancellation: The Client has 14 days from entering into a Contract with Midland Tree Surgeons Ltd in which to cancel it. The Contractor will not start work before the 14 day cancellation period has ended unless this has been agreed with the Client. If the Contractor has started work and the Client subsequently cancels the Contract, the Client will be liable for the value of the work that has been provided up to the point that the Client cancels the work.
Tree ownership: It is assumed that all trees specified are owned by the Client unless otherwise stated.
Neighbouring trees: If works are to be carried out on a Client’s neighbour’s trees requiring access to their property, written consent from the neighbour will be required. Any works carried out on a Client’s neighbour’s trees that do not require access to their property do not need written consent, but it is courteous to inform them of the proposed works. All the above is the responsibility of the Client.
Day/hourly rate: Where day or hourly rates have been quoted, these will cover travelling time as well as time on site.
Payment: Payment is due within 30 days of satisfactory completion of the Contract. VAT is applicable and will be charged at the current rate.
Complaints: Complaints or queries relating to the satisfactory completion of works should be raised with our office by telephoning 01283 576820. If you do not wish to contact us directly you can use the Alternative Dispute Resolution service administered by TrustMark.
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.
Force majeure: The Contractor will not be liable in damages or otherwise for non-performance of Contract because of adverse weather conditions, strikes, lockouts, war and civil commotion, Further, the Contractor retains the right in such circumstances to cancel the Contract in whole or in part. Completion dates shall be contingent upon weather conditions.
Data Protection Act: The Client’s details will be held on the Contractor’s computer database. The information will not be made available to external companies.
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 working 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.
Underground services: Unless a plan detailing the location of underground pipes, wires or cables has been forwarded to the Contractor by the Client prior to the formation of the Contract, the Contractor accepts no liability for any damage caused to these services as a result of the work performed under this Contract.
Overhead utility cables: Any charge for the removal of power lines, telephone cables or other utility cables will be the responsibility of the Client, unless otherwise agreed in writing.
Working on public highways or public footpaths: While working on public highways or footpaths the Contractor will endeavour to comply will all current legislation regarding traffic and pedestrian control. Any charge for road closure or partial road closure will be the responsibility of the Client unless otherwise agreed in writing.
Protected species: In the case of a protected species being discovered during works, it shall be the responsibility of the Client to cover the cost of any necessary third party services and/or additional man hours required from the Contractor.
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.
Further information
Midland Tree Surgeons Ltd
Unit 4 Lancaster Park
Newborough Road
Needwood
Burton-on-Trent
Staffordshire
DE13 9PD
Email: info@midlandtreesurgeons.co.uk