Terms and Conditions of Service for ARC Tree Surgery Ltd

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. For the purpose of these terms & conditions the following words shall have the following meanings:

(a) “The Contractor” shall mean ARC Tree Surgery Ltd, (Registered in England Number 7067561

Registered Office: 26 Horsefair Close, Mendlesham, Ipswich IP14 5SB) and all staff directly or indirectly employed by ARC Tree Surgery Ltd.

(b) “The Customer” shall mean the person or organisation for whom the Contractor agrees to carry out works and/or supply materials.

(c) “The Operative” shall mean any representative appointed by the Contractor.

(d) "Quotation" or "Quote" shall mean written specification of the works as discussed on site and sent to the client.

(e) "Works" shall mean tree surgery, surveys, arboricultural advice and work, liaison with local authorities, and any other work indicated in a written Quotation.

(f) "Contract" shall mean the agreement between ARC Tree Surgery Ltd and a Customer in which the Customer requires ARC Tree Surgery Ltd to undertake certain specified works and ARC Tree Surgery Ltd agrees to do this for a given remuneration.

2. ‘Notice of the Right to Cancel’ – the client has a up to 7 days to cancel the contract (in writing) from acceptance date. If work has begun within this period then Customer shall be liable for any work carried out or materials supplied and any related expenditure up to the point where the Contractor receives the cancellation.

3. Quotations/ Estimates.

All quotations and cost estimates are without obligation.

Quotations are valid for one month from their date of issue, after which time the Contractor is entitled to draw up a new quotation/amend costs

In the event of a variation to the quotation as a result of:

a. Amendments to works required prior to arriving on site, or

b. Changes in site / ground conditions since the original visit, or

c. Additional works requested / required whilst on site

the quotation will be revised accordingly, either electronically in advance or in a hand written on the day of work, with agreed amendments signed by the contractor and the client.

4. Discretion to accept or reject work

The Contractor reserves the right to refuse or decline work at its own discretion. Where the Contractor agrees to carry out works for the Customer those works shall be undertaken by the designated operative of the Contractor at its absolute discretion.

5. The Contract

The Contract takes effect on acceptance by the client, either verbally or in writing, of the quotation submitted by the Contractor.

The contractor commits itself to executing the works to the best of its ability, thereby employing sound professional knowledge, skills and experience, with due regard to the Customer’s requirements and in compliance with all relevant regulations and standards.

The contractor shall take all necessary steps to ensure that the site is left clean, tidy and safe on completion of all works (unless agreed otherwise in writing on Quotation).

All of the Contractors work is by written quotation agreed with the Customer. Where a written quotation has been supplied to the Customer the total charge to the Customer referred to in the quotation should be the amount payable, but may be revised in the following circumstances:—

  1. if after submission of the estimate the Customer instructs the Contractor (whether verbally or in writing) to carry out additional works not referred to in the quotation.

  2. if after submission of the quotation it is discovered that further works need to be carried out which were not anticipated when the quotation was prepared.

  3. if after submission of the quotation it is discovered that there was a manifest error when the quotation was prepared. At which time the Customer will be contacted before works are carried out. The Contractor shall not be bound by any quotations given orally or in which manifest errors occur.

6 Invoices and Payment

On completion of the works, an invoice will be raised and payment is required within 7 days OR payment is required in full on completion of the quoted works (unsatisfactory completed jobs MUST be immediately notified, in writing / by email, to the contractor or within a minimum period of 24 hours.)

Where invoices are overdue and payment has not been received, ARC Tree Surgery Ltd reserves the right to charge daily interest on the debt at a rate of 8% over the Bank of England base rate on a weekly basis. In the event an account remains outstanding, we will refer the matter to our debt collection agents, which will incur further costs of 20% + VAT. Any costs incurred to collect the debt will be added to the debt, plus VAT at the prevailing rate. You agree upon booking our services that you will be legally liable to pay us that surcharge, and that payment of the same can be enforced against you in court. You also agree to pay interest at the relevant reference rate provided for under the Late Payment of Commercial Debts (Interest) Act 1998, which interest is payable both after and before any judgement of the court and continues to accrue.

7. Quoted Dates/Times

Where the date and/or time for works to be carried out is agreed by the Contractor with the Customer, then the Contractor shall use its best endeavours to ensure that the operative shall attend on the date and at the time agreed. However the Contractor accepts no liability in respect of the non-attendance or late attendance on site of the operative or for the late or non-delivery of materials.

The Contractor shall not be liable for any delay or for the consequences of any delay in performing any of its obligations if such delay is due to any cause whatsoever beyond its reasonable control and the Contractor shall be entitled to a reasonable extension of the time for performing such obligations.

8. All works will be in accordance with the current British Standard 3998 ‘Tree Work Recommendations’ where possible unless specified otherwise. Dimensions specified are approximate and, wherever possible, will be to the nearest appropriate pruning point.

9. Following written/verbal instructions from the client, the contractor will check with the Local Planning Authority (LPA):

a. Whether the tree(s) are the subject of a Tree Preservation Order

b. Whether the trees are located within a Conservation Area

The contractor will also consider whether a Felling Licence 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 £25 will be incurred. Similarly a charge may be incurred for obtaining a FC felling licence.

10. 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.

11. The contractor has £10,million Public Liability Insurance and a copy of the certificate is available on request. 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, i.e. the client can’t access their shed without prior agreement from ground staff.)

12. 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.

13. If the works spread over multiple days, the site will be left appropriately and safe and as agreed with the client beforehand

14. The contractor 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 Regs. 2012 (amendment)

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.

15. Notification for Remedial Works

If the Contractor shall have carried out the works and the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 6 months to the Contractor and shall afford the Contractor and its insurers the opportunity of inspecting such works and carrying out any necessary remedial works if appropriate. The Customer accepts that if s/he fails to notify the Company within 6 months from the date the work was carried out the Contractor shall not be liable in respect of any defects in the works carried out.

16. Contractor Liability

The Contractor will accept no liability for, or guarantee suitability, materials supplied by the Customer and will accept no liability for any consequential damage or fault to property.

The Contractor will not guarantee any work undertaken on instruction from the Customer and against the written or verbal advice of the operative.

The Contractor shall not be held liable or responsible for any damage or defect resulting from work not fully insured or where recommended work has not been carried out.

The Contractor is responsible solely for damage that is the direct and demonstrable result of a shortcoming for which the Contractor can be held accountable.

The Contractor does not accept liability for any damages to underground services that were not advised of by the Customer prior to commencement of the works.

The Customer is responsible for informing neighbours in the event where works need to be carried out on their tree and which necessitates access to their property.

The Customer is bound to indemnify the Contractor from any claims from third parties arising after completion of the works.

17. Retention

Title to any goods, supplied by the Contractor to the Customer, or hired goods and/or tools left at the site of the works shall not pass to the Customer but shall be retained by the Contractor. If the provision of goods is part of the contract with the intention that such goods shall pass the Customer then title to goods supplied by the Contractor shall not pass until payment in full for such goods has been made by the Customer to the Contractor.

Until such time as title in the such goods has passed to the Customer:

  1. the Contractor shall have absolute authority to repossess, sell or otherwise deal with or dispose of all any or part of such goods in which title remains vested in the Contractor

  2. the Contractor shall be entitled to seek a court injunction to prevent the Customer from selling, transferring or otherwise disposing of such goods.

18. Liability Limitation

The Contractor shall only be liable for rectifying works completed by the Contractor and shall not be held responsible for ensuing damage or claims resulting from this or other work overlooked or subsequently requested and not undertaken at that time.

19. General

The headings used in these Terms and Conditions are for convenience only and shall not affect their interpretation.

The Contract constitutes the entire agreement between the parties, supersedes any previous agreement or understanding and may not be varied except in writing between the parties. All other terms and conditions expressed or implied by statute or otherwise, are excluded to the fullest extent permitted by law.

Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing address to the other party at its registered office or principal place of business or such other address as may be relevant at the time have been notified pursuant to this provision to the party giving notice.

No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waive of that right and no waiver by either party of any breach or the Contract by the other shall be considered as a waive of any subsequent breach of the same or any other provision.

If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provision of these Conditions and the remainder of the provision in question shall not be affected.

Any dispute arising under or in connection with these Conditions or the provision of Aboricultural Products and services shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application of either party by the President of the London Chamber of Commerce in accordance with the Arbitration Act 1996.

English law shall apply to the Contract, and the parties agree to submit to the non-exclusive jurisdiction of the English Courts.

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