The Contractor – Dryad Tree Specialists Limited, a company registered in England and Wales, with the company registration number of 06460021
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) Notice of the Right to Cancel “Cooling off period” – the client has a minimum of 14 days to cancel the contract (in writing) from acceptance date. In the event of cancelation at short notice costs may be proportionally incurred by the client.
2) This quotation/estimate is valid for 30 days and considers any ‘value’, monetary or otherwise, the arisings may have unless stated otherwise.
3) 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.
4) In the event of a variation to the quotation because 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 handwritten note on the day of work, with agreed amendments signed by the contractor and the client.
5) When materials are required for a specific project, The Contractor will specify within the quotation the quantity/meterage of the materials being ordered. If this information is incorrect then the client must notify The Contractor before the quotation is approved. Any surplus materials will remain the property of the client and they must cover the cost for those materials. The cost of any additional materials will also be passed onto the client.
6) Stump-grinding will be to a depth of 300mm below the immediately adjacent ground level and will include the removal of the stump and buttress roots but will not include lateral roots unless otherwise specified. The client will advise the contractor of any underground services near the stump prior to starting the job.
7) 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 quotation.
8) On completion of the works, an invoice will be raised. Payment is required within 7 days for Residential Clients (Residential Clients being classed as work which has been undertaken at the Client’s residential property). Payment is required within 30 days for Commercial Clients (Commercial Clients being all other Clients that are not Residential Clients). Unsatisfactory completed jobs MUST be immediately notified (or within 48 hours), in writing/by email, to the Contractor. All invoices are subject to our Debt Collection Policy.
9) If payment is not received in accordance with paragraph 8, the Contractor reserves the right to charge the Client interest on any unpaid invoice(s) at the rate of 8% per annum above the base rate of the Contractor’s bank and to withhold any further works or to cancel any unexecuted portion of any works. The Contractor also reserves the right to recover any and all costs incurred by the Contractor in recovering overdue payments from the Client.
10) 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 may be incurred. Similarly, a charge may be incurred for obtainment of a FC felling licence.
11) Where works are proposed to third party trees, i.e. ‘neighbour’s 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 (please also see 7. above as this may also apply.)
12) 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.)
13) 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.
14) If the works spread over multiple days, the site will be left appropriately and safe and as agreed with the client beforehand
15) 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
b. Countryside and Rights of Way Act
c. Conservation of Habitats and Species Regs.
This legislation requires the contractor to assess the impact of the works which may result in works being delayed because of nesting birds, roosting bats or similar being present.
16) Customer Property: We shall exercise care with property belonging to customers or external providers while it is under our control. We shall identify, verify, protect and safeguard customers’ or external providers’ property provided for use or incorporation into our products and services. When the property of a customer or external provider is lost, damaged or otherwise found to be unsuitable for use, we shall report this to the customer or external provider and retain documented information on what has occurred. We consider a customer’s or external provider’s property to include materials, components, tools and equipment, premises, intellectual property and personal data.
17) If any arisings are to be brought through any houses/indoor garages it is the Clients responsibility to cover any surfaces to prevent damage.
18) Customer Information and Data Protection: Please be reassured that we only use your personal information for the purposes of completing your tree work. Our IT systems are secure, and we don’t share your details with anyone unnecessarily. We will share your details with the Local Authority if we need to make an application for permission to undertake the work and whilst it is unlikely, in certain circumstances work might need a licence from the Forestry Commission. Please refer to our customer privacy notice on our web site for full details.
19) It is the responsibility of the Client to ensure that they own the tree(s) or hedge(s) that work is to be carried out on. The Client should also check the boundary lines where tree(s) or hedge(s) are close to a boundary. If the tree(s) or hedge(s) do not belong to the Client then written permission from the owner will be required as per clause 11. The Contractor cannot take responsibility for anything cut under instruction of the Client that the Client does not own.
20) If any groundwork is to be completed by the Contractor or on behalf of the Contractor it will not be the Contractor’s responsibility if, in the coming years, the ground level changes due to soil conditions changing, because of water content or any other issue.
21) Where trees are subjected to heavy reductions / pollarding, even when this is a repeat operation, no guarantee can be given the tree will continue to grow as this may have a massive physiological shock resulting in them dying.
22) When removing a tree to ground level, the Contractor will try to reduce the stump to the lowest possible point. However due to ground conditions, in some instances the stump may need to be left slightly above ground level.
23) It is the Clients responsibility to make the Contractor knowledgeable of any underground services which may be affected by free falling timber prior to when the practical works are due to commence.
24) When the scheduled work is being conducted, if our operatives discover a foreign object within the wood, such as metal, then we will be unable to remove the timber from the property. It will be the Client’s responsibility to dispose of the timber at no cost to the Contractor.
25) If any trees are missed, which form part of a quote or survey, The Contractor cannot be held liable for any damage caused by said trees. It is the customers responsibility to check and confirm the work has been completed as agreed.
Debt Collection Policy
Step 1 – Residential invoices due in 7 days, automated reminder sent out 3 days before due.
Step 2 – Same week overdue follow up with call & email explaining overdue can they pay.
Step 3 – Following week follow up with call & email requesting that payment is made in full.
Step 4 – At the next cashflow, chase up a third time and advise if not paid within 7 days it will be passed to our debt recovery team.
Step 5 – Pass to debt collecting team.
Step 1 – Commercial invoices due in 30 days, automated reminder sent out 3 days before due.
Step 2 – When 1 week overdue or past nearest month end overdue follow up with call & email explaining that the invoice is overdue, request confirmation of payment date.
Step 3 – Contact to confirm late payment date.
Step 4 – Follow up on late payment and explain that invoice will be passed to late debt collection team.
Step 5 – Pass to debt collecting team.