Definitions

In this context, the following terms have the following meanings:

• Contractor: Weston Tree Services (WTS), including all individuals directly or indirectly employed by the company. ​

• Client: a person or organization that commissions specific works, unless it has been clearly stated that they are acting on behalf of a third party. ​

• Quotation: a written specification of the works discussed on site, given or sent to the client. ​

• Works: refers to the services provided by WTS, including but not limited to, tree surgery, forestry operations, stump grinding, hedge trimming, tree planting, liaising with local authorities and any other tasks specified by the client. ​

• Contract: an agreement between WTS and a client, in which the client requests that WTS perform certain specified works, and WTS agrees to do so for a specified payment.

 

Quotations & Expiry

The quoted prices are valid for a period of 30 days from the date of the quote, after which they may be subject to change without notice. The client may request a new quote after the expiration of the initial quote. Any prices quoted are subject to adjustment for inflation and other factors at our discretion

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Service Specification

The service specification, which includes the signed quote, outlines the limits and scope of the work to be performed. The dimensions and percentages provided in the service specification are approximate and may vary depending on the circumstances. The majority of the work will be carried out to the closest appropriate pruning or access point, as determined by us.

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Changes to the Quotation

In the event that changes are made to the work requested, the quotation will be adjusted accordingly. Such changes may include, but are not limited to, alterations to the scope of work, changes in the condition of the site or trees since the initial visit, or the addition of further work requested by the client while we are on site. Any changes made in advance must be communicated to us and confirmed in writing. Any changes made on the day of the work will be documented on the quote and countersigned by both the contractor and the client as 'additional works requested on the day', along with any associated cost implications.

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Deposit

WTS may require a deposit to be paid in order to secure the service for the requested day and facilitate the planning and logistics of resources. The specific amount of the deposit required will vary depending on the scale of the work and the circumstances, and may range between 0% to 80% of the total cost of the service. The deposit will be applied towards the final balance due and is non-refundable in the event of cancellation by the client, unless otherwise agreed to in writing by WTS.

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WTS Working Practices

Tree Preservation Orders and Conservation Areas

Following receipt of client agreement to carry out work and payment of the required deposit (if any), WTS may conduct a check with the Local Planning Authority to determine whether any trees on the site are subject to a Tree Preservation Order or are located within a Conservation Area. If the client cancels a proposed service after this work has been undertaken, a consultancy fee of £80 will be charged by WTS for the costs incurred in conducting the aforementioned check. This fee will be in addition to any other cancellation fees that may apply under the terms of this agreement

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Stump Grinding

Where stump grinding has been specified as part of the service, it will be performed to a level of approximately 6 inches below the adjacent ground level, and will include butress roots, but not any lateral roots, unless specified otherwise. Any resulting debris will be left on site and used to backfill the stump hole as a mulch. Please note that stump grinding is not included as part of any felling or removal job unless specified in the quotation. The client is responsible for notifying the contractor of any underground services in the grinding area to avoid damage to such services during the performance of stump grinding

 

Your duties and obligations

• As the client, it is your responsibility to notify WTS of any underground services that cross the site where the work will be carried out, and you must provide a plan that shows the location of these services. Furthermore, you agree to indemnify and hold WTS harmless against any damage caused to the underground services as a result of negligence, irrespective of the cause

• In accordance with our working practices, you are required to ensure the removal or rendering safe of any power lines, telephone lines or other cables that may interfere with the work or may cause injury or damage to any WTS employees or sub-contractors during the performance of services. You acknowledge and agree that you will be responsible for any damages or harm that may arise from your failure to remove or render safe such cables.

• In the event that any of the trees, shrubs, or hedges included in the service specification are not owned by the client who has commissioned the work, the client must provide WTS with prior notice.

• The client is responsible for notifying neighbors of any work specified in the service agreement that is going to be performed at boundary locations. Additionally, the client will be liable for any claims that may result from the work being performed.

• As the client, you are responsible for ensuring that the working area is free from any children or pets that may pose a safety risk during the provision of the service by WTS.

• As a condition of WTS's provision of services, you are responsible for ensuring that the work site is clean and free of any dog or animal feces before WTS arrives. If the site is found to be littered with such mess, WTS reserves the right to charge an additional fee for cleaning or clear-up on the day, or to reschedule the work and charge a rebooking callout fee if the site remains uncleared.

• Landlord access: As the appointing client, it is your responsibility to ensure that any tenants provide WTS with access to the site on the scheduled date of work. If WTS is unable to gain access to the site due to the failure of the tenant to provide access, you agree to pay 50% of the value of the proposed works as a charge for the loss incurred by WTS.

• You are responsible for obtaining the necessary permissions to carry out the specified work.

• Disposal of waste materials: Where it is specified, WTS may remove cuttings, wood, chippings, and other waste as part of the service. The waste remains the property of the customer until full payment for the service has been received. If the customer fails to pay, WTS is entitled to return the waste material to the site of work

 

Our responsibilities and liabilities

• WTS is committed to taking all reasonable steps to prevent damage to fences, gates, walls, paths, and other areas of the site. However, it should be noted that the reasonable and proper execution of the work may result in some degree of unavoidable damage to the site. In such cases, WTS cannot be held liable for the damage. The statement aims to clarify the scope of WTS's responsibility for damage to the site and provide transparency to the client regarding the potential risks associated with the work.

• The provision of subsequent maintenance services for trees and the site, following the completion of the work, is not included unless expressly specified in the quotation.

• WTS shall not be held responsible for the death of any trees, shrubs, or plants, which fail to grow or survive due to reasons beyond the control of WTS or for any tree that dies following heavy reduction or pollarding.

• Subcontracting: WTS reserves the right to subcontract all or part of the commissioned works. Such works remain subject to these terms and conditions.

 

Cancellations and Delays

WTS retains the right to postpone or terminate any work that is deemed hazardous, impacted by adverse weather, expected to disturb wildlife habitats, or otherwise jeopardized by events or your failure to fulfill your obligations. In the case of force majeure, the agreement may be suspended or rescinded

As the customer, you are entitled to exercise your right to cancel this contract within 14 days of the conclusion of the contract without providing any reason. The cancellation period will expire after 14 days from the day of the conclusion of the contract. To exercise the right to cancel, you must provide a clear statement of your decision to cancel this contract to The Manager, Weston Tree Services, Bridge House, Cawdor, IV125XP or lyle@westontreesurgery.co.uk. This clear statement can be a letter sent by post, fax, or email. However, if you have requested that the work begins within the 14-day period, then you will not have the statutory right to cancel.

In the event that you cancel scheduled works after 14 days but before the scheduled start date, you will forfeit the deposit paid, which was taken to reserve the date for the work to be carried out.

 

 

Payment – 14 days

Upon completion of the quoted works, payment shall be made within 14 days. The customer shall receive an invoice on the day of completion, or shortly after, and payment may be made via bank transfer, cheque, or receipted cash on the day.

Late payment

In the event that invoices are not paid on time and remain outstanding, WTS retains the right to impose a daily interest charge on the debt, calculated on a weekly basis at a rate of 10%. If the account remains delinquent, WTS may refer the matter to its debt collection agents, which will result in additional costs.

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Complaints

Any grievances complaints or concerns with respect to the completed works should be communicated to WTS in writing or by email within 48 hours. Such matters shall be addressed to Weston Tree Services at Bridge House, Cawdor IV125XP or sent via email to lyle@westontreesurgery.co.uk.