1. The service provider and any designated subcontractors agree to perform all tasks in a competent manner conforming to relevant industry guide-lines and any other applicable standards and in accordance with the quotation and specification supplied by Cheshire Tree Surgeons Ltd. Main contact phone number 01565 621234.
2. Payment Terms
Consultancy - payment is due upon delivery of the report. Reports are covered by copyright law and will remain the property of CTS until full payment has been received.
Contracting - Payment is due upon completion of the specification, OR 30 day account. Applications for 30 day credit accounts must be made prior to commencement of the contract. Quotations do not include VAT which is charged at 20%. Queries/complaints should be notified to the service provider within 7 days of the invoice date, if not sooner.
Overdue accounts are subject to compound interest at 4% per month upon the balance outstanding. In the event that it is necessary to recover any outstanding fees from the client(s), the client(s) will fully reimburse any costs and expenses incurred during the recovery period, including legal and court costs. Cheshire Tree Surgeons reserves the right to make a charge for every letter or replacement invoice sent and every telephone/fax call or visit made in connection with the recovery as per our current scale of charges (item 3.3 & 7).
3. Cutting down protected trees is a criminal offence. If upon acceptance of a quotation the client or landowner requires us to check with the Local Planning Authority (LPA) on their behalf to ensure that the trees are not the subject of any planning restrictions (or Tree Protection Order or TPO), the various stages of the checking process and our charges for those stages are
3.1 MAKE AN INITIAL PLANNING SEARCH OVER THE TELEPHONE £20.00 + VAT
3.2 MAKE A FORMAL APPLICATION FOR PLANNING APPROVAL FOR TREE WORKS to the LPA ON BEHALF OF OUR CLIENT. £40.00 + VAT
3.3 FOR David Lloyd-Jones TO VISIT THE SITE AND/OR DISCUSS THE PROPOSED WORKS ON BEHALF OF OUR CLIENT WITH THE LPA OR OTHER ENTITIES (Admnistration and Tree Consultancy generally, including travelling time). £90.00 + VAT Per Hour.
Our client must take full responsibility for, and indemnify us against, all fines and costs arising from breach of any planning restrictions, tree conservation or preservation orders unless we process the formal application for tree works.
4. The service provider will not be liable in damages or otherwise because of non-performance of a contract arising on account of adverse weather conditions, strikes, civil war or civil commotion, or lack of adequate labour beyond our control. Further we retain the right in such circumstances to cancel the contract in whole or part. Completion dates shall be subject to weather conditions. Attendance dates are approximate, cancellation of a contract should be in writing prior to commencement
5. The landowner is responsible for damage and injury resulting from damage to underground or any hidden/obscured service or other obstructions where their presence and route is not clearly marked and indicated to the service provider together with depth, height, nature of the hazard and dimensions.
6. Charges received for the removal of power or telephone cables, services or infrastructures are the responsibility of the owner, unless included in the quotation.
7. Quotations for felling exclude stump removal unless specifically requested and stated otherwise on the quotation. We always assume that the trees are free from metal, stone, nails or any other hidden objects unless we are informed otherwise. In the event of a tree being difficult to fell with a chainsaw, the service provider reserves the right to charge for additional man-hours and replacement of equipment or parts damage. Current Arb team rates are £30.00 per man hour + VAT from arrival on site to return to base. Office and secretarial staff man hours are charged out at £20.00 per man hour + VAT.
8. The contract price is based on site conditions existing at the time of the quotation remaining unchanged and is valid for 3 months from the date of the quotation.
9. Reports, surveys, booklets, designs and specifications are the intellectual property and copyright © of David Lloyd-Jones and cannot not be copied or formally distributed to third parties without the written permission of David Lloyd-Jones and payment of any fees relating to its production.
10. A job or survey is carried out on the basis that the land or property is not on the Contaminated Land Register (if it comes into effect), we request full information of, and exclude liability for claims arising from, pollution or contamination of any kind.
11. Investigations of private covenants shall be the responsibility of the landowner and no liability shall attach itself to Cheshire Tree Surgeons for a breach of such covenant.
12. Reports general: Tree heights, age ranges and safe useful life expectancies are approximate. Trees are inspected from ground level only.
13. Scale plan drawings, technical land surveys and accurate tree plotting data will be supplied if necessary and at extra cost, non-scale plan drawings may be included as part of an overall survey/report.
14. Hazard evaluation studies (HES) are included as part of the survey/report and information is compiled using the following data:- the tree species current physiological condition, tree species potential for failure, the particular trees history of failure, the size of the part most likely to fail and the target most likely affected by such failure.
15.Mortgage reports/APDI: Sub-soil samples are assessed throughout the site. Soil profile assessments are included as part of the survey/report. Further chemical/laboratory analysis can be supplied if necessary and at extra cost.
16. Charges received and/or lost time spent dealing with dealing with hazardous insects, i.e.: wasps, hornets, bees etc. is to be the responsibility of the landowner.
17. All CTS contracts carried out by the service provider or CTS designated sub-contractors is covered by a £3,000,000 Public Liability insurance and unlimited Employers Liability insurance for damage or injury that may result from the implementation of the contract. David Lloyd-Jones has a £1,000,000 Professional Indemnity insurance covering his professional advice and consultancy.
18. Only contracts agreed with David Lloyd-Jones at the Cheshire Tree Surgeons head office are covered by any of our comprehensive insurance's
19. Reports general: Our survey of the trees, the soils and any other factors, is of a preliminary nature, we do not take soil/root samples for laboratory analysis, the trees are not usually climbed, but are inspected from ground level only.
20. Mortgage Reports: If you or your advisers, have at your disposal any information to suggest that the property has/is suffering any structural defect, we would ask that you release the information to us. All relevant data is presented within the report together with any recommendations for further analysis and/or monitoring, as appropriate.
21. Mortgage Reports: If there is evidence that damage is occurring to the property then a Post Property Damage Tree Report is required which is far more detailed that a Preliminary Mortgage Report , any doubt as to the structural condition of the property should be disclosed and requires the advice of a structural engineer.
22. Mortgage Reports: The appearance of any building defect should always be investigated promptly. Always contact a qualified structural engineer or consulting arboriculturist before considering tree removal.
23. We have no information as to the structural integrity of either the main structure or drainage system. Drainage/water supply systems, if damaged, can allow roots to penetrate. If the system is sound or after repair, roots have little capacity to access/damage underground services. A drainage expert can give more advice.
24. It is the responsibility of the landowner to insure the safety of anybody using timber garden products and `Activity Landscaping Features'. Woodchip wear surfaces should be maintained at 100mm depth as a minimum or as recommended by suppliers and EC rules. A full list of terms and conditions relating to `Environmental and Activity Landscaping projects' is supplied with the "Activity Landscaping Design Guidance Booklet".
25. CTS reserves the right to sub-contract any services pursuant to this agreement to their nominated sub-contractors provided that all payments made hereunder shall be made directly and exclusively to CTS who shall provide receipted invoices. CTS standards of work, Health and Safety policy and methodologies will be applied by all subcontractors. Within 2 years of the last contract placed with Cheshire Tree Surgeons, no inducements or separate agreements and contracts may be made between Clients of Cheshire Tree Surgeons, it's subcontractors and employees.
26. When appointing a Tree Surgeon, please use only properly qualified and experienced companies and always check that they carry Public and Products Liability Insurance with a minimum £1 million cover and the relevant Employers Liability Insurance.
27. Contracts undertaken on a man hourly basis are calculated from our arrival on site to our return to base (or arrival at the next site).
28. All trees should be checked periodically to assess the impact and significance of any physiological or environmental changes.
29. All goods will remain the property of CTS until paid for in full and we reserve the right to enter a property where our goods are stored to retrieve them if that should prove necessary.