2. Terms & Conditions

Terms and Conditions of Contract of Heartwood Tree Surgeons Ltd (“the company”)

In consideration of the sums payable by the customer (“the customer”), the company agrees to undertake the work specified for the customer on the following terms and conditions:

1. Entire Agreement

These terms and conditions contain all the terms which the company and the customer have agreed in relation to the work to be undertaken and the customer acknowledges that these terms and conditions have not been entered into in reliance on, nor has the customer been given any other warranty, statement, promise or representation made on or behalf of the company.

2. Variation and Amendment

These terms and conditions may only be varied or amended in writing and only if signed by each party or main duly authorised representative. [“writing” includes any form of communications effected by post, fax or e-mail]

3. Cancellation

We Will advise you of the estimated completion date for your work. All customers are entitled to a 14 day cooling off period following acceptance of the quotation and after this period, in the event of a cancellation at short notice, we may charge a percentage of the quotation to cover our costs.

3.1 Client to contractor indemnity costs for cancellation of work prior or during commencement of works, 7 days 15% of contract total, within 24hrs 90%, operators on site 100%

4. Prices and Quotations

4.1 The price payable for the work and any goods supplied by the company will be the price as quoted by the company (“the quotation”). The quotation is only valid for 60 days from the date stated on the quotation in writing.

4.2 The quotation is based on the condition of the site where the work is to be completed at the time the quotation is prepared. If the condition of the site changes before the work starts, the company will advise the customer in writing and will be entitled to charge for any additional work involved with dealing with the change of condition of the site.

4.3 If the customer requires a variation in the work or requires additional work to be undertaken, the company and the customer will agree a revised quotation of the work and the customer’s written agreement to the revised quotation will constitute an agreement to carry out any additions or variations to the work on these terms and conditions.

5. Payments

5.1 Subject to paragraph 3 of these terms and conditions, payment for services of the company must be made in full within 7 days of the date of issued invoice or the specified terms on the invoice issued.

5.2 All payments will be made in full without any set-off and without any deductions.

5.3 VAT will be payable by the customer in addition to any sum or sums payable for the work on delivery of a valid VAT invoice.

6. Risk

Any goods supplied to the customer will remain the property of the company until the goods have been paid for in full by the customer, but risk of damage or loss to goods will pass to the customer on delivery or deemed delivery to the customer.

7. Delays to Work

The date for commencement of the work is as agreed between the customer and the company, but the company will not be liable for any loss resulting from delays to the work.

8. Customer’s Obligations

The customer must:

8.1 notify the company of the position of any underground services crossing the site where the work is to be undertaken and provide a plan showing the exact locations of underground services.

[Unless the customer complies with 8.1, the company will not be liable for any damage to underground services as a result of negligence howsoever caused and the customer will indemnify, keep indemnified and hold harmless the company from and against all costs, expenses, liabilities, injuries, direct, indirect or consequential loss, damages, claims, demands, proceedings or legal costs and judgements which the company incurs or suffers as a result of damage to underground services.]

8.2 remove any power lines, telephone or other cables which may interfere with the work, or which may cause injury or damage to any of the company’s employees or sub-contractors.

8.3 Inform the contractor if any of the trees affected by the proposals are not in the ownership of the appointing Client.

9. Company’s Obligations

9.1 The company will:

9.1.1 take all reasonable precautions to prevent damage to gates, fences, walls and paths on the site where the work is undertaken but does not accept responsibility for damage caused to the site, which occurs in the proper and reasonable execution of the work.

9.1.2 supply all trees, shrubs, plants and other materials in good condition and of a quality consistent with the standards either specified by the customer or stated in the quotation.

9.1.3 All affected trees will be subjected to a Local Authority search to establish the presence of Tree Preservation Orders or Conservation Area designations, both of which afford them legal protection.

9.2 The company will not be liable:

9.2.1 for any subsequent maintenance to the site following completion of the work unless this is specified in the quotation.

9.2.2 for the replacement of any trees, shrubs or plants which fail to take due to adverse weather condition, vandalism or damage to or lack of care by the customer or for any other cause unless the failure was due to the company’s negligence.

9.2.3 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.

10. 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 for full details.

11. Claims and Complaints

Any claim or complaint made by the customer must be made in writing and must be made within 7 days from the date the work is completed, failing which the company shall have no liability to the customer.

Please be reassured that as a TrustMark registered company we offer an alternative dispute resolution (ADR) service to our customers. https://www.trustmark.org.uk/homeowner/support/complaints-process

12. Force Majeure

The company will not be liable to the customer for any failure to carry out or delay in carrying out the work or for any consequences of any failure or delay if it is due to any event beyond the reasonable control of the company, including without limitation acts of God, explosions, terrorism, strikes, lockouts or other industrial disputes, default or delays of suppliers or sub-contractors, breakdown of plant or machinery or any other acts, events or omission beyond the control of the company.

13. Insurance

The company will maintain insurance cover in the sum of £10,000,000 in respect of the following to cover the site where the work is undertaken

13.1 Public liability insurance to cover injury and loss to third parties

13.2 Insurance to cover loss or damage of property.

The insurance cover will be maintained with a reputable company

14. Subcontracting

The company may subcontract any or all of its rights and obligations to do the work under these terms and conditions.

Definition of work specifications (BS3998: 2010)

  • Crown lifting – removal of lower branches to achieve a stated vertical clearance above ground level or other surface.
  • Crown reduction – operation that results in an overall reduction in the height and/or spread of the crown of a tree by means of a general shortening of twigs and/or branches, whilst retaining the main framework of the crown.
  • Pollarding – cutting a tree so as to encourage formation of numerous branches arising from the same height on a main stem or principle branches.
  • Flexible cable bracing – A flexible restraint is a system of cables, ropes or belts constructed within the crown of a tree to reduce the possibility of failure of one or more structurally weak elements under excessive movement.