Tel: 0800 2983686

Fully Insured
Est. 2001

Terms and conditions

1. THE CONTRACT:

These are the Terms and Conditions of the contract between TR33 (“the
Contractor”) and the Employer Client (“the Client”). These Terms and Conditions are deemed to be accepted by the Client by virtue of acceptance of our quotation, estimate or tender by any durable means e.g. verbally by phone, electronically by email, text or other message or in writing.

2. NOTIFICATION AND PAYMENT:

All quoted prices are subject to a 10% variation or other stated amount where
circumstances dictate.
All Quotations and Instructions are accepted on the basis of payment in full of the
invoice price as per the payment conditions set out on the original quote, estimate or tender. Late payment will result in a surcharge of 8% over the Bank of England base rate of the total for the initial 30 days and every 30 days thereafter at the discretion of the Contractor.
VAT is charged where applicable at the standard rate.

3. COOLING OFF AND CONTRACT CANCELLATION:

Where a domestic client agrees a price onsite with the contractor a 14 day cooling
off period applies from the date of the agreement. Cancellation must be by using a durable format within that period. Where works are started within the 14 day cooling off period the client may cancel at anytime during that period but will be liable for the cost of the work undertaken up to that point.
The full charges for emergency call out work is payable once the work has commenced irrespective of cancellation where it affect urgent household repairs.
Goods are supplied to domestic consumers with a 14 day returns policy from the date of supply. Bespoke, customised or perishable goods such as planted trees or shrubs are excluded from this policy.
All other clients reserve the right to cancel accepted works within 14 days of agreement. Charges may apply where re-stocking, returns or other costs are incurred directly by the contractor as a result of the contract acceptance.

4. STANDARD OF WORKS:

The Contractor agrees to perform the work in a competent manner according to
British Standard 3998:2010, British Standard 5837:2005 or in accordance with industry best practice guidelines and all current research or directives, in compliance to the specification and quotations contained in the agreed specification. Health & Safety, insurance and personnel documentation can be supplied on request.

5. ARBORICULTURAL CONSULTANCY & ADVICE

All consultancy, advice and tree inspections are carried out within the limitations
of the instruction agreed by the client and limitations as specified in the report or correspondence. Where additional trees are identified or tree numbers exceed those in the instruction the client will be informed prior to the survey and advised of any additional costs. Where the client is unavailable only the original specification will be undertaken.

6. AMENDMENTS & VARIATIONS:

Amendments or Variations to the contract must be made in writing. If whilst
carrying out the works the Contractor discovers a defect, not previously detected that is a risk to safety it shall be reported to the client, who can then agree on any variation to the contract required.
No additional charges shall be applied to any quotation without the prior acceptance of the client.

7. PRIVATE COVENANTS:

Investigation of private covenant shall be the responsibility of the client and no
liability shall attach to the Contractor for a breach of any such covenant.

8. UNDERGROUND SERVICES:

Unless a plan showing the exact location of drainage pipes, wires or cables has
been forwarded to the Contractor by the Client, no liability shall apply to the
Contractor for damage as a result of the work specified or undertaken.

9. POWER LINES AND TELEPHONE CABLES:

Any charge for the removal of power lines or telephone cables shall be the
responsibility of the client unless otherwise agreed with the Contractor in
writing.

10. SITE CONDITIONS:

Any assessment of trees or prices for undertaking tree works are based upon the
site conditions at the time of the inspection, estimate, quotation or tender.

11. COMPLAINTS:

Any complaint(s) which may arise from completed work must be made within
seven days from the date of invoice.
Any complaint will be investigated in accordance with our Complaints Procedure,
a copy of which can be made available to the client on request.

12. TREE PRESERVATION ORDERS AND CONSERVATION AREAS:

Upon acceptance of our quotation the Contractor will check for the presence of legislative protection, such as Tree Preservation Orders. Any legal permissions relating to the above are the responsibility of the client unless
agreed with the Contractor prior to accepting the work.

13. COMPLETION OF CONTRACT:

The Contractor shall not be liable in damages or otherwise because of non
performance of a contract arising from adverse weather conditions, strikes lock-outs, war and civil commotion, or lack of adequately skilled labour due to causes beyond our control. Further, we retain the right tin such circumstances to cancel the contract in whole or in part. Completion dates shall be contingent upon weather conditions.

14. EXPIRY OF QUOTATION OR TENDER:

The quote, estimate or tender is valid for three months after the submission.
The Contractor reserves the right to withdraw and re-price the work,
unless otherwise agreed in writing with the client.

15. HIDDEN OBSTRUCTIONS:

Prices for felling, logging, stump grinding or chipping are based on the
assumption that trees, stumps or timber are free from metal, stone or other hidden obstructions unless otherwise specified. In the event that the work cannot be reasonably completed due to unforeseen obstructions the Contractor reserves the right to vary the specification.

16. WILDLIFE:

Nesting birds, bats, bees & small mammals, use trees as natural habitats.
Some of these creatures are protected by law and. If these creatures are discovered during work operations the contractor reserves the right to postpone that section of, or the entire contract until it is safe to complete it without disturbing wildlife. If this is the case we reserve the right to charge a pro-rata rate for the proportion of the work completed and where appropriate terminate and re-price the contract.

17. REMOVAL OF WASTE:

All arisings (inc. twigs / branches / woodchips / logs / trunks / foliage etc) will
be removed from site and become the property of the Contractor unless
specifically stated otherwise in the specification.

16. INTELLECTUAL PROPERTY & COPYRIGHT:

Copyright in all drawings, plans, specifications, bills of quantities, schedules,
reports, records, calculations and all other documents including computer software and revision of these (“Documents”) prepared by the Contractor for the purposes of the project, shall remain the property of the Contractor.
Subject to the Contractor being paid all sums due under the Agreement, the Contractor grants to the Client a royalty-free, irrevocable, non-exclusive licence to use and reproduce the Documents and any designs contained in them for any purpose relating to the project, including the construction, completion, maintenance, operation, letting, sale, reinstatement, mortgaging, refurbishment and repair of the project (but not for any extension of the project without the Contractor’s written consent).

18. INSURANCE:

All work undertaken by the Contractor shall be insured to £5m Third Party and
Public Liability Insurance and £1m Professional Indemnity Insurance.

19. CLIENT OBLIGATIONS:

The Client shall ensure reasonable and necessary access by the Contractor to
the property needed to fulfil the contract.
The Client shall provide adequate information relating to the health and safety
of the Contractor when entering the Client’s property.
The Client shall be liable to pay to the Contractor, on demand, all reasonable
costs, charges or losses sustained or incurred by the Contractor (including, without limitation, any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or damage to property and those arising from injury to or death of any person) arising directly or indirectly from the Client’s fraud, negligence, failure to perform or delay in the performance of any of its obligations under the contract, subject to the Contractor confirming such costs, charges and losses to the Client in writing.

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