Terms & Conditions
These Terms and Conditions apply to all transactions and agreements between Neil Shadbolt Tree Surgery and its customers.
1. Contractor: Neil Shadbolt Tree Surgery, representing all staff directly or indirectly employed by the company
2. Customer: person commissioning specified works, unless it has been clearly stated that he/she acts on behalf of a third party
3. Quotation: written specification of scope of work and cost of goods and services to execute of the works as determined on site and sent to the Customer
4. Works: refers to tree surgery, arboricultural advice and liaison with local authorities
The Contractor agrees all tree works will be in accordance with the current British Standard 3998 ‘Tree Work Recommendations’ where possible unless specified otherwise and follow guidelines provided by the Health and Safety Executive. In the quotation all dimensions specified are approximated as accurately possible from the ground survey, and wherever possible, will be to the nearest appropriate pruning point.
Quotations which also provide the scope of works are valid for eight weeks from their date of issue, after which the Contractor reserves the right to withdraw and re-price unless otherwise agreed with the Customer. Upon acceptance of the works the agreed price will remain as per quotation until the work is completed unless the work is delayed by the Customer.
Change to Quotation
In the event of any variation to the scope of work in the quotation due to but not limited to;
• Amendments to work scope required prior to arriving on site, or
• Changes in site / ground / material conditions etc. since the original visit, or
• Additional works requested / required whilst on site
The quotation will be revised accordingly and submitted either verbally or electronically in advance or where appropriate in a handwritten form on the day of work, with agreed amendments signed by the Contractor and the Customer.
The quotation price takes into account factors such as travelling time, site conditions, parking costs, arrangements with local authorities regarding the safeguarding of the area, manpower required and the requirement for hired in equipment
All quotations and cost estimates are without obligation
All quotations are inclusive of VAT
Entering into an agreement
The contract takes effect on acceptance by the Customer, either verbally, electronically or in writing, of the quotation submitted by the Contractor.
Right to Cancel
‘Notice of the Right to Cancel’ – the Client has 14 days to cancel the contract (in writing or e-mail) from date of acceptance. This does not apply to urgent/emergency work or other such work undertaken at short notice (within 14 days).
The Contractor reserves the right to cancel any works of any kind for any reason especially where the site conditions prove inaccessible or the Health and Safety of its Employees or Sub Contractors is compromised.
Alteration/withdrawal/end of contract
In the event of a contract being withdrawn by the Customer after works have commenced, the Client will pay the Contractor 75% of the remuneration agreed upon at the start of the contract
In the event of a force majeure, including all exterior causes (foreseen or unforeseen) over which the contractor has no control and which prevents the obligations of the contract being met, the Customer and Contractor will agree to either suspend or annul the contract.
On completion of the quoted works, payment is due on satisfactory completion – no later than 14 days from invoice date. For Commercial Clients, payments are due no later than 30 days from invoice date. An invoice will be raised with due date clearly written and payments can be made via bank electronic transfer or cheque. We are sorry we cannot process credit/debit card payments. If the Customer is unable to pay by bank transfer or cheque, the Contractor will arrange alternative payment methods.
Notification of Works
The Customer is responsible for informing neighbours in the event that works need to be carried out on their tree and which necessitates access to their property to clear any debris especially if the work is on a boundary perimeter
Quotations are based on the assumption there are no hidden obstructions, such as metal or stone within a tree, the Contractor reserves the right to re-quote accordingly.
Site preparation / Access
The Customer shall take such measures to ensure that the location of any property or personal property that cannot be moved i.e. garden structures or heavy furniture is identified to the Contractor, that damage may be averted by the removal of such moveable items from the work area.
Material alterations such as site access, new structures or objects affecting the work zone or other complication occurring after the time of the initial quotation site visit may incur additional charges or in some circumstance the severance of part or the whole of the contract.
To ensure the Contractor does not cause unreasonable disturbance or damage executing the works it is the Customers responsibility to move any non-fixed garden items that fall within the designated work zone e.g. plant pots, children’s toys, dogs mess, bins, garden implements, structures etc.
The Contractor will not be held responsible for any damage caused by moving any non-fixed objects left in the designated work zone that it is deemed necessary to move for the safe execution of the works.
The Customer is responsible for any pets which should be kept indoors if possible or if kept in an outdoor run it should be moved to a position not effected by the works.
Photos will be taken of the customer’s garden both before work commences and after work is completed.
Trees and Shrubs Planting
The Contractor endeavors to obtain good quality plants which are handled with care and planted to industry standard. If we are moving already established trees and shrubs then we will hold no responsibility for their survival but will endeavor to advise the importance of watering and feeding. It is important however that Customer looks after their new plantings and ensure that they are regularly watered and maintained. Trees and shrubs that fail due to circumstances beyond our control shall not be replaced.
The site will be left generally ‘clean, tidy and safe’ as found on arrival 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 exactly as it was prior to commencement of works.
All detritus as a result of the works (e.g. 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 quotation.
If the works spread over multiple days, during the course of the work the site will be left appropriately and safe at the end of each working day prior the final clear up on the last day.
Stump-grinding will be to a depth of approximately 300 mm below the immediate adjacent ground level and will include the removal of the stump and buttress roots but will not include lateral roots unless otherwise specified. The detritus will be left on site and backfilled into the hole to mulch down unless specifically stated otherwise in the quotation. The Customer will advise the Contractor of any underground services in the vicinity of the stump prior to starting the job. Stump Grinding is not included in tree felling unless clearly stated in the quotation.
Unless a plan showing the exact location of underground pipes, wires or cables has been forwarded to us by the Customer prior to the formation of the contract, the Contractor shall be under no liability for any damage caused as a result of work performed under the Contract to such pipes, wires or cables, or for any damage to property resulting there from and the Customer shall be solely liable for any such damage. If a Cable Avoidance Tool (CAT) scan to identify any underground services of the area prior to stump grinding is deemed necessary this will be the responsibility of the Customer.
If needed, any charge for the removal telephone cables shall be the responsibility of the Customer, unless otherwise agreed in writing with the Contractor. Although the Contractor is unable to work on trees touching or overhanging power lines, we can advise an approved utility contractor.
The Contractor has £5 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.
Tree Preservation Orders and Conservation Areas
Following written/verbal instructions from the Customer, the Contractor will check with the Local Planning Authority (LPA) if the tree(s) are the subject of a Tree Preservation Order or located within a Conservation Area. If a notification/application is required it is the customers’ responsibility to obtain permission, the Contractor may execute this, but advise that a charge will normally be made for this service.
Investigation of Private Covenants shall be the responsibility of the Customer and no liability shall attach to the Contractor for a breach any such Covenant.
Ecological and Wildlife Legislation
The Contractor will make an assessment for evidence of bats and nesting birds, and if found, will contact the Customer to discuss the procedure required in order to carry out any works. If there is no evidence of wildlife when pricing the works, but subsequently the cutting team find evidence of such, the Contractor has a legal obligation to cease works, and will contact the Customer to discuss the next step.
The Contractor will undertake the works as scheduled but is aware of and may be constrained by ecological and wildlife legislation including:
• Wildlife and Countryside Act 1981
• Countryside and Rights of Way Act 2000
• 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.
Complaints or concerns
Any complaints or concerns following completion of works MUST be notified, in writing or electronically to the Contractor within a maximum period of 48 hours.
Legal system applicable
The law of the United Kingdom applies to all legally binding transactions between the Customer and the Contractor
By accepting our quotation the Customer is agreeing to accept these terms and conditions.