Tree Service
Consultancy
Tree Surgery
Tree Pruning
Tree Felling
Tree Transplantation
Tree Planting
Specifications
Terms and Conditions
Contact us
 If you have any feedback on how we can make our new website better please do contact us. We would like to hear from you. 

1. Definitions


1. Contractor shall mean Tree Service Ltd, its subcontractors or any person acting on behalf of and with the authority of Tree Service Ltd. The Contractors business address is 8 Clifford Road, Petersham, Richmond, Surrey, TW10 7EA. We undertake work within a one hundred mile radius.

Customer shall mean the Person who is entitled to ask for services in relation to the property on which the service is to be carried out. Proof of entitlement such as a utility Bill (for residential addresses), or proof of ownership or acting as agent (for commercial premises) may be requested. This shall be extended to all persons acting on behalf of the customer.

Guarantor shall mean a person, persons or entity, who agrees to be liable for the debts of the customer should the customer, be unable to pay his debts within the set time.

Goods shall mean Goods supplied, by the Contractor to the Customer, as detailed on the original estimate and subsequent invoice. Goods shall be subject to the guarantee offered by the retailer where any subsequent goods are purchased elsewhere.

Services shall mean all services provided to the Customer by the Contractor, including any changes requested by the Customer which have been added since the original estimate was created.

Price shall mean the cost of all Goods and Services, including any equipment hire as agreed between the Customer and the Contractor. Occasionally the estimate price and the final price will vary. This usually occurs where the customer has changed their mind about the work they want done.

The Site means the premises upon which all goods are to be delivered to and subsequently services carried out.

2. Acceptance

Once work commences acceptance of these terms in full will be deemed to have occurred.

Once acceptance of the terms and conditions has taken place, the terms and conditions are irrevocable and may only be amended with the written consent of the owner of the business.

Where two or more Customerís have entered into the agreement, they shall all be jointly and severally liable for payments of the final price.

Any agent working on behalf of the Contractor are not authorised to make any statement or agreement that is not expressed by the Contractor in Writing. Should such a statement be made it is an unauthorised statement and the Contractor shall not be bound by it.

Should the Customer name or address change, or any other details, the Customer undertakes to give at least 14 days notice of this change. If however, the Customer moves to premises the Contractorís services are no longer required at, two monthís notice must be given.

3. The estimate

The Estimate shall only be valid for three months only, from the date of the estimate. After this it may be taken up but prices may vary. Prices are consequently only guaranteed for this period.

4. Price and payment

The price shall be as indicated on the invoices, provided by the Contractor. The quoted estimation, provided prior to the commencement of any goods or services, shall be binding upon the Contractor, subject to any modifications, provided that the Customer has accepted the written quotation within three months of it being provided.

Should the Customer request any variations in goods or services, the Contractor reserves the right to change the Price to reflect these changes.

The Contractor may request a deposit for materials portion of the overall estimate. This is at the discretion of the Contractor. Should the Contractor deem it necessary s/he may request proof of the Customerís ability to pay the final amount.

Both Goods and Services shall be invoiced monthly, even where there is a fixed agreement for services provided. Payment must be made within 30 days of the invoice, usually sent on the 1st of each month. Should this not occur interest will be added at a rate of the current Barclaycard rate per annum.

At the discretion of the Contractor, payment for approved Customers may be made in instalments, in accordance with a payment schedule, drawn up by the Contractor.

The Customer may make payment in advance should s/he wish to do so.

Payment may be made by Cheque, cash, by electronic transfer or by standing order. The Contractor is unable to accept credit card payments at this time. Please make any cheques payable to Stephen Charles. Details of bank details are available upon request. Receipt of any form of payment other than Cash will not be deemed payment until that form of payment has been cleared.

5. Delivery of Goods

Delivery of any goods requested takes place when the Goods are delivered to the Customerís address by either the Contractor or by an external service provider.

Any delivery costs will be in addition to your estimation of works. This will be added on at the discretion of the Contractor. Any late delivery by the Contractor or a third party will not constitute a repudiatory breach.

Should arrangements to deliver goods to the Customer be made and the Customer is unable to take delivery of the goods, as arranged, then the Contractor shall be entitled to charge a reasonable fee for redelivery. Delivery of the goods to a third party, who has consent of the Customer, is deemed to be delivery to the Customer for the purposes of this agreement.

The different goods will not necessarily all be delivered at the same time, depending on the specific goods ordered. This occurs where for example a service is being provided which requires different goods at different times.

6. Ownership

Ownership of the goods shall not pass until the Customer has paid all money owing for the specific goods and the Customer has also met all other obligations due to the Contractor in respect of all contracts. Until the payment has been honoured the ownership of the goods will remain with the Contractor. Once payment of the full and final invoice has cleared the Ownership of the Goods will fully pass to the Customer.

Until ownership shall pass to the Customer the contractor may request the Customer returnís the goods to the Customer. This must be done in writing where this occurs and will only occur in extreme circumstances. Upon such notice the rights of the Customer to obtain ownership of the goods shall cease. If the Customer fails to return the goods to the Contractor, then the Contractor may enter the premises where the goods are situated to take possession of the goods, whether they have been put into application (e.g. planted) or not. Should the goods have been sold on to a third party the Contractor may start proceedings to recover the Price of the Goods sold by the Customer.

7. Risk

The risk for the goods passes to the Customer upon delivery to the specified premises. This applies regardless of whether the Contractor retains ownership or not.

8. Defects

Upon the goods being delivered, the Customer shall inspect the Goods and notify the Contractor within 24 hours of any defects, shortage in quantity or failure to comply with the original quotation. Failure to comply with this requirement may mean that the Contractor is not liable for any such defect whether it constitutes a loss or not to the Customer.

9. Materials

All chemical vegetation control works will be carried out in strict accordance with the Control of Pesticides Regulations 1986, and any subsequent amendment thereof, and all current Control of Substances Hazardous to Health Legislation (CoSHH). All chemicals will be at our discretion and sole risk. All chemicals will be applied in strict accordance with current legislation and the manufacturerís directions.

It is assumed that there is sufficient water on the site for all our requirements in order to be able to provide the service. If there is not please notify us so before commencement of any work.

We will provide all necessary tools for the proper execution of the works. We will also provide the appropriate PPE for all tools and plants used.

We will provide all plants, shrubs and sundry items at recommended retail price, or where possible at a discounted rate.

10. Supervision

Operatives will be supervised by our management team. All work carried out by our operatives will be in accordance with all Health and Safety Legislation including the Personal Protective Equipment (PPE) at Work Regulations 1992 and all subsequent amendments. Each task will be assessed independently for all potential hazards. We will endeavour to reduce these hazards to a minimum by good practice. The appropriate PPE will be provided by ourselves for those hazards which we are unable to eliminate.

11. Waste Disposal:

The removal of waste arising other than out of the implementation of this contract is subject to an additional charge, based on Standard Labour rates plus weight, distance and time taken to dispose of the waste. Costs will be agreed upon before work is undertaken.

12. Invoices

We shall invoice in accordance with the payment schedule supplied prior to commencement of works, where no schedule exists we shall invoice monthly in arrears for works which take in excess of one month or on completion for shorter duration works All Invoices are payable immediately on receipt. Whether by cash cheque or by standing order. Unless by prior arrangement longer payment period is permitted we reserve the right to withdraw our services immediately in the event of non-payment of invoices in the excess of 30 days. Monies owing as a result of arrears in payment of invoices (after 30 days) will incur interest at the rate of 7.5 % per day. Please note if monies are not recovered within 2 months court proceedings will be issued. We will pass the costs of this onto you. Therefore it is strongly advisable not to pay late.

13. Default Payments

Should an invoice become overdue, interest shall accrue from the date when payment becomes due daily until the date of payment at the current prevailing Barclay card rate of Interest.

Where the Customer defaults in payment, the Customer shall indemnify the Contractor against all costs and disbursements incurred by the Contractor in pursuing the debt including all legal costs and any debt collection agency or Solicitor feeís.

Should the Customer remain in default for two consecutive months, the Contractor may suspend the Service being provided, or terminate the Supply of goods until payment has been received. The Contractor shall not be liable to the Customer for any loss or damage the Customer suffers because the Contractor exercises its rights under this Contract.

If an account remains overdue after sixty days (two months) then an administration fee of £25 shall be levied which shall be added to the outstanding invoice, and a new invoice created.

14. Cancellation

This contract may be cancelled at any time prior to the goods being delivered or the services having been commenced. On this occurring, if payment has been made in advance the Contractor shall repay the Customer in full.

Should the goods have been delivered, or the service have commenced delivery, then the Contractor may charge reasonable costs in having to cancel the contract, including the costs of collection of the goods and for any expenditure made as a result of entering into the contract. This will be not less than 50% of the total contract value.

Should the service required be for a minimum of 12 months (this will be notified to you via the Customerís estimate), after this period a period of one monthís notice may be given at any time by either party, without the payment of any compensation for loss or damage arising as a result of such termination. At this point it may be relevant to remind you that since we work 1 month in arrears payment will be necessary one month after termination has occurred. Cancellation of this contract within the 12 month period is possible, but a termination fee will be implemented. Please ask for details. If you would prefer a new contract to be issued, this will be for another 12 months upon the end of the original contract. In such a case the re-issue of this contract will be made, with your signature being necessary, binding you to this agreement.

15. Obligations

The Customer shall co operate with the Contractor or other supplier to ensure delivery of goods at a time specified by all parties. Generally the Contractor will ensure delivery by another supplier is at a time suited by the Contractor. Where this occurs delivery occurs when the Customer actually accepts the goods. However, the Customer may wish to accept delivery of goods themselves. In such case the terms outlined above come into force.

The Contractor will warrant the goods at the time of delivery when s/he accepts the goods from another supplier.

The Contractor shall perform the services with reasonable skill and care to a recognised standard. In accordance with this the Contractor guarantees all Goods against faulty workmanship.

16. Bad Weather

All scheduled works are based upon the weather being suitable for their implementation. In the case of bad weather (judged by ourselves) implementation of works will be suspended until the next scheduled site visit. No penalty will be incurred as a result of the bad weather. If the suspended works are not made up, there will be no charge.

17. Limitation of Liability

Nothing in these Terms and Conditions shall exclude or limit the liability of the Contractor for death or personal injury, however the Contractor shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.

The Contractor shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.

For the avoidance of doubt, time shall not be of the essence and the Contractor shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.

18. Insurance

We will have in force Employerís Liability Insurance and Public Liability Insurance of, £1,000,000.00 for any one incident.

19. Force Majeure

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, terrorism, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

20. Severance

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

21. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts

 


Site Map