Domestic and commercial contractors
Terms and Conditions
1.Definitions
The Client: Being the person or persons who has requested a quotation for works / authorised the works to proceed and will normally be the owner of the trees specified or will be the owners’ representative in whatever capacity with regard to said trees.
The Estimator: Being the person who has carried out the site inspection and forwarded the quotation for works.
The Quotation: Being the written specification and costing for works as inspected and /or discussed on site and sent to the client. Quotations are valid for six months from their date after which period the Contractor reserves the right to amend costs/submit a new quotation.
The Works: Being the tree work operations as detailed in the quotation.
The Contract: Being the works in the quotation requested/accepted/agreed by the client in writing or verbally.
The Contractor: Being Manor Gardens Tree Care.
2.General
Tree Preservation Orders/ Conservation Areas: If the trees detailed in the quotation are covered by individual or group Tree Preservation Orders or are located within a Conservation Area the Contractor can/will obtain any necessary Local Authority consents for work on behalf of the client on written acceptance of the contract.
Insurance: The Contractor is covered by £5,000,000 Public Liability Insurance. Copies are available for inspection on request.
Additional Works: If, during the execution of the contract additional works are requested by the client which is outside of the original quotation, then their cost can be agreed on site (and signed in confirmation by the client on the quotation sheet) or an additional quotation can be prepared which may necessitate a further site inspection(s) by the original estimator.
Emergency call out: Set rates apply and are chargeable from time of instruction. No debris will be removed at time of emergency. Removal of debris will be treated as a separate job requiring a new quotation and scheduled for non emergency hours.
Neighbouring Trees: If works are to be carried out on a clients neighbours trees which necessitate access to their property then written consent from the owner will be required. Any works carried out on a clients neighbours trees which do not necessitate access to their property do not need written consent but it is deemed prudent to inform them of proposed works. All the above are the sole responsibility of the client.
Day/Hourly Rate: Where applicable day/hourly rates will be quoted on a man-hour basis and will cover travelling time in addition to time on site.
Payment: Payment is due upon completion of the contract, unless otherwise agreed. A surcharge of 5% of the invoice amount per overdue month will be levied on all accounts not paid upon work completion. Costs incurred collecting overdue accounts will be the
responsibility of the client. Cheques should be made payable to Manor Gardens Tree Care and passed to the foreman on site.
Complaints: Any complaints/queries relating to the satisfactory completion of works must be raised with our head office within 48 hours of receipt of invoice; otherwise the contractor reserves the right to charge additional fees for further works/attendance/amendments.
Settlement of disputes: The contractor will do everything possible to resolve any misunderstandings arising from contract works to the satisfaction of both parties.
VAT: VAT is charged at 20.00%.
3.The WorkSite
Site Conditions: The contract price is based on site conditions as inspected by the estimator. The contractor reserves the right to levy additional costs subject to the degree of additional obstruction or to delay, postpone or rearrange works as necessary. The works area must be accessible prior to commencement of works. The contractor does not accept any responsibility for any damage or loss incurred through the need to clear access for works.
Services: The contractor will, upon written acceptance of contract, make any necessary arrangements with relevant authorities to make safe any external/ overhead power services. Any costs will be chargeable to the client. It is the responsibility of the client to inform the contractor of any underground services within the proposed area of works prior to commencement. The
contractor will not accept liability or any damage to services not informed about and reserves the right to cancel works deemed a potential hazard. Any injury to operatives caused through contact with undisclosed services will remain the responsibility of the client.
Weather conditions: The contractor reserves the right to delay, postpone or cancel works affected by inclement/dangerous weather conditions and to resume works as soon as conditions
allow.
Wildlife and Countryside Act: 1981/2000. Crow Act (2000) Bats: The contractor shall take all reasonable steps to ensure the safe retention of any wildlife habitats and reserves the right to delay, postpone or cancel works accordingly and to resume works
as soon as practical.
Site Clearance: The contractor shall take all reasonable steps to ensure the worksite is left clear and safe at days end and on completion of all works.
4.Explanation of Terms
Clean out crown: Being the removal of dead wood, dying, diseased, weak, suppressed, split, broken, hanging crossing and rubbing branches and epicormic growth (small shoots emanating
from the main trunk and stems) from the crown.
Remove dead wood: Being the removal of all major dead wood in the tree down to 3-4cm.diameter.
Formative prune: Being the minimal pruning of, usually, young trees to maintain optimum initial branch structure and crown balance in order to pre-empt potential future problems.
Trim/Shear: Usually refers to hedging and shrubs both evergreen and deciduous. Being the pruning back to flatten off or round off of growth to contain spread and maintain control/optimum visual appearance and shape.
Crown lift: Being the complete removal of lowest branches to main trunk and/or the reducing back in length of lowest branches thus increasing the height of the main crown line above ground level (usually expressed in metres).
Crown thin: Being the removal of all branches as in .Clean out crown, and the removal of further smaller diameter branches evenly throughout crown in order to lessen the crown density and thus improve light through the tree.Crown thinning will not result in any major alteration in the outline of the tree (usually expressed as a percentage).
Crown reduce/reshape: Being the all round reduction of the crown size of the tree (not the trees. overall height) unless otherwise specified (usually expressed in linier meters or a percentage). In some cases only partial crown reduction is specified in order to clear buildings, street furniture etc (usually expressed in metres).
Pollard: Being the removal of all growth back to main trunk or trunk knuckles, unless otherwise specified.
Fell: Being the complete removal as near to ground orsurrounding soil level as possible of the tree, leaving a stump.Involves either the dismantling of the tree in sections or where site conditions allow felling the tree from the base.
Grind down stump: Refers to the stump at or near ground level. Being the mechanical chipping out of the stump to approximately 15cm below ground level only. The trees radial root spread remains intact unless otherwise specified. Arising stump grindings will be left in situ to decompose unless otherwise stated.
Grind out stump: In some cases, usually with smaller shallow stumps, it would be possible to grind out the whole stump. On larger stumps the grinding of radial roots down to a certain diameter may be specified. Arising stump grindings will be left in situ to decompose unless otherwise stated.
Treat stump to prevent re-growth: Being the poisoning of the stump at ground level following felling work effectively to prevent the tree from re-sprouting Product used: Glyphosate; a systemic product which breaks down to a nitrogenous fertiliser after 6-8 weeks. Treated stump to be kept covered until such time. No guarantee is given that the stump will not grow back after treatment. Further applications are subject to a fee.
Brace: Cobra bracing involves the use of nylon rope encircling trunks and connected to itself. Similarly tree branches/limbs can be supported with steel props installed into the ground.
