Neil Buckley Tree Services
125 Lancaster Road
Carnforth
Lancs
LA5 9EE
T: 01524 736321
M: 07929826852
E: enquiries@neilbuckleytreeservices.co.uk

Terms and Conditions

STANDARD TERMS AND CONDITIONS OF CONTRACT

Interpretation;

"CLIENT" means the person named on the Quotation for whom the Contractor has agreed to provide the Specified Service in accordance with these Terms;
"CONTRACT" means the Contract for the provision of the Specified Service;
"CONTRACTOR" means Neil Buckley Tree Services.
"QUOTATION" means the quotation to which these Terms are appended;
"SPECIFIED SERVICE" means the service to be provided by the Contractor for the Client and referred to in the Quotation

Specification of Works
Work specification in this contract does not constitute any form of advice. Any official advice will be given in a separate written report and charged for accordingly.

The Contractor
The Contractor agrees to perform the work in a competent manner and in accordance with good practice and known science as applied to arboriculture, as specified in the quotation, which forms part of this contract.

Payment
On completion of the Contract, an invoice will be submitted for the agreed sum. Unless otherwise agreed in writing, this invoice will fall due for immediate payment with full and final settlement required within 14 days from the date of service. Value Added Tax will be charged at the current rate where applicable. Any late payments may incur a late payment charge and/or interest added to final sum, as allowed by English Law.
Additional work Where additional work is requested outside the original estimate it will be charged at the current hourly rate of £**.00 per man hour, unless agreed otherwise in writing.

Complaints & Disputes
Any complaints arising from work performed under this Contract must be made within 7 days from the date of invoice, unless otherwise agreed in writing.

Disputes
Any disputes arising under these terms and conditions shall be determined by English Law.

Expiry of Quotation
The Contractor reserves the right to withdraw and re-price work if the Client does not accept the quotation within 60 days of submission, unless otherwise agreed in writing.
 

Cancellation
Cancellation of work not received within 24 hours of the agreed start of the work date will be subject to possible charge for lost man hours.

Completion of contract
Completion of contract is dependant on weather conditions. Work operations delayed by poor weather will be resumed as soon as conditions allow.

Force Majeure
The contractor will not be liable in damages or otherwise for non-performance of contract because of adverse weather conditions, strikes, lockouts, war and civil commotion, Further, the Contractor retains the right in such circumstances to cancel the Contact in whole or in part. Completion dates shall be contingent upon weather conditions.

Insurance Cover
The Contractor will maintain a level of £5,000,000 Third Party and Public Liability Insurance and £5,000,000 Employers Liability Insurance throughout the Contract period for any damage to persons or property resulting from the implementation of this Contract.

Data Protection Act
The Client's details will be held on the Contractor's computer database. The information will not be made available to external companies.

Tree Ownership
It is assumed that all trees specified are owned by the client unless otherwise stated.

Tree Preservation Orders and Conservation Areas
Trees to be worked on under this Contract may be subject to a Tree Preservation Order or in a Conservation Area. It shall be the Contractors responsibility to ensure any necessary permissions have been granted from the relevant authority before commence of any works, unless otherwise agreed with the customer. The Contractor will require to see sight of any relevant and in date paperwork before commencement of work if the customer has declared that they wish to obtain the necessary permissions from the relevant authority.

Private Covenants
Investigation of Private Covenants shall be the responsibility of the Client and no liability is accepted by the Contractor for a breach of any such Covenant.

Underground Services
Unless a plan detailing the location of underground pipes, wires or cables has been forwarded to us by the Owner, Occupier or Agent prior to the formation of the Contract, the Contractor accepts no liability for any damage caused to these services as a result of the work performed under this Contract.

Overhead Utility Cables
Any charge for the removal of power lines, telephone cables or other utility cables will be the responsibility of the Client, unless otherwise agreed in writing.

Working on Public Highway/Public Footpath
Whilst working on Public Highways or footpaths the contractor will Endeavour to comply will all current legislation regarding traffic and pedestrian control. Any charge for road closure or partial road closure will be the responsibility of the client unless otherwise agreed in writing.

Protected Species
In the case of protected species being discovered during works, it shall be the responsibility of the client to cover the cost of any necessary third party services and/or additional man hours required from the contractor.

Stump Grinding
Stump grinding will include the complete removal of the tree stump where site conditions allow but not the removal of lateral roots or stump chippings unless specified.

Site Conditions
The Contract price is based on the site conditions, existing at the time of the formation of the Contract, remaining unchanged for the duration of the Contract.

Arisings
All lengths mentioned are approximate. The Contractor will leave the work site clean and tidy at the completion of the contract. All arisings will be removed from site unless otherwise stated on the quotation or an alternative arrangement is agreed on the day of works with the client.

Dimensions
All dimensions mentioned are approximate.

General
If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
Law shall apply to the Contract, and the parties agree to submit to the non-exclusive jurisdiction of the courts.

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