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
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
The Site means the premises upon which all
goods are to be delivered to and subsequently services carried out.
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
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
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.
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.
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.
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
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.
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.
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
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.
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.
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
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
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.
We will have in force Employerís Liability
Insurance and Public Liability Insurance of, £1,000,000.00 for any one
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.
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