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.
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