Terms and Conditions of Service

The Contractor – the person or business undertaking the works & The Client – the person or business instructing the works (and in so doing, and accepting the quote, agrees to / accepts the following terms and conditions.)

1. ‘Notice of the Right to Cancel’ – the client has 14 days to cancel the contract (in writing) from acceptance date.
2. Quotation/estimate is valid for 60 days and takes into account any ‘value’, monetary or otherwise, the arisings may have unless stated otherwise.
3. All works to trees will be carried out to BS 3998 2010 standards for tree work and BS 5837: 2005 Trees in relation to construction –recommendations 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 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 in a hand written format on the day of work, with agreed amendments signed by the contractor and the client.
5. Stump-grinding will be to a depth of 300mm, where practicable, 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 contractor of any underground services in the vicinity of the stump prior to starting the job. The Contractor will not be liable for damages to any services that have not been disclosed.
6. All arisings (inc. twigs / branches / wood-chips / logs / trunks / foliage etc) will be removed from site and become the property of the contractor unless specifically stated otherwise in the quotation.
7. Unless a prior maintenance and aftercare contract has been agreed, every effort has been made by our supplier to keep nursery stock healthy and true to name and type. No warranty is given as to the growth or suitability of those plants to their ultimate location. If you are not completely satisfied, contact must be made to this office within 48 hours of planting and confirmed in writing. Failure to do so will deem those goods as being accepted by the Customer. There is no responsibility accepted for their aftercare as so much depends on their maintenance, the soil type and weather conditions.
8. On completion of the works, an invoice will be raised and payment is required within 7 days. Unsatisfactory completed jobs MUST be notified, in writing / by email, to the contractor within a maximum period of 36 hours.
9. Following written/verbal instructions from the client, the contractor will check with the Local Planning Authority (LPA): Whether the tree(s) are the subject of
   a. Tree Preservation Order
   b. Whether the tree(s) are located within a Conservation Area.
10. The contractor will also consider whether a Felling License is required from the Forestry Commission (FC) or if any other permissions / consultations are required, i.e. Natural England / Environment Agency.NB Please note, if the contractor undertakes the necessary LPA application / notification an appropriate administrative charge of £55.00 plus vat will be incurred. A charge of £ 130.00 plus vat will be incurred for obtainment of a FC felling license.
11. 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 (please also see 7. above as this may also apply.).
12. The contractor has £5 million Public and Products Liability Insurance and £10 million Employers Liability Insurance, copies of the certificates is available on request.
13. 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.
14. Every effort will be made to leave the site ‘clean, tidy and safe’ but because of the very nature of the works including the production of wood dust, chainsaw / wood- chips / twigs / leaves and needles etc. and the traversing of site personnel it will not be as it was prior to commencement of works.
15. If the works spread over multiple days, the site will be left not necessarily clear of debris but safe or as agreed with the client beforehand.
16. The contractor will undertake the works as scheduled but is aware of / 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).
17. 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.
18. Cancellation of works. P.S.Davies Tree Surgery & Forestry make every attempt to accommodate times and dates for commencement of works. However if the client cancels a contract when a LPA application has commenced then the client will be liable for a fee of £55.00 plus vat.
19. P.S.Davies Tree Surgery & Forestry retain the right to postpone work due, unsafe weather conditions, and major equipment failure. During extreme high winds emergency works will take priority over scheduled works and may lead to postponement. In the event of P.S.Davies Tree Surgery & Forestry postponing work we will make every attempt to reschedule at the earliest opportunity.