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 Woodhead Eco Trees (WET)
2. Payment Terms
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.
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. Woodhead Eco Trees reserves the right to make a charge for every letter or replacement invoice sent and every telephone or visit made in connection with the recovery as per our current scale of charges.
3. All projects will be subject to a risk assessment, this can include taking into consideration a Tree Preservation Order (TPO). Any tree can have a TPO. No pruning, shaping, cutting, removing or felling can be done on a tree with a TPO. The same applies to trees in a conservation area. Consent must be gained from the local planning department before any work can be carried out. Applications can take up to 6 weeks.
3.1 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:
3.2 MAKE AN INITIAL PLANNING SEARCH on behalf of the client £20.00
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 Woodhead Eco Trees and cannot not be copied or formally distributed to third parties without the written permission of Robert Woodhead 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 Woodhead Eco Trees for a breach of such covenant.
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. 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.
16. All WET contracts carried out by the service provider or WET designated sub-contractors is covered by a £1,000,000 Public Liability insurance.
17. Only contracts agreed with Woodhead Eco Trees are covered by any of our comprehensive insurance.
18. 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.
19. 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".
20. WET 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 WET who shall provide receipted invoices. WET standards of work, Health and Safety policy and methodologies will be applied by all subcontractors. Within 2 years of the last contract placed with Woodhead Eco Trees, no inducements or separate agreements and contracts may be made between Clients of Woodhead Eco Trees, it's subcontractors and employees.
21. 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.
22. 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).
23. All trees should be checked periodically to assess the impact and significance of any physiological or environmental changes.
24. All goods will remain the property of WET 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.
25. All work will be subject to a risk assessment agreed and signed by both WET and the client
If a complaint arises from the work performed under any contract it must be made as soon as reasonably possible after the date the contract is completed, unless agreed in writing.
27. Underground Services
It is the responsibility of the Client to inform the Contractor of any underground services within the proposed area of works prior to commencement. Unless a plan showing the exact location of underground pipes, wires, cables and other service media has been forwarded to the Contractor by the Client prior to the formation of the Contract, the Contractor shall be under no liability for any damage caused as a result of work performed under the Contract to such pipes, wires, cables or service media, or for any damage to property resulting therefrom and the client shall be solely liable for any such damage. Any injury to operatives caused through contact with undisclosed services will remain the responsibility of the client.
28. Powerlines & Telephone Cables
Unless agreed in writing with the contractor, any charge for the removal or power lines or telephone cables to the responsibility of the owner.
29. Removal of Debris
The debris from any tree work as per the quotation, either stacking, complete removal or chipping on site. Where debris has to be removed from the property through a house, while the company employees will take great care, it is the clients responsibility to provide adequate protection for the internal furnishings. The company cannot be held liable to damage caused to unprotected areas.
30. Completion of Contract
WET will not be held viable for damages or otherwise because of non performance of contract due to extreme weather conditions, strikes, lock outs, war, civil commotion or lack of skilled workers due to reasons beyond our control. We retain the right to cancel work. completion of work will be due to weather conditions
31. Expiry of Quotation
3 months after submission date of quotation WET reserves the right to re-price the work, unless it has been otherwise agreed in writing. Upon acceptance of the contract the agreed price will remain as per quotation until the work has been completed.
32. Hidden Obstructions
The quotation is based on the tree being free from metal, stone or other hide obstructions. If the tree cannot be felled using normal arboricultural methods, the contractor reserves the rights to re- quote accordingly.
33. Private Covenant
It is the responsibility of the the owner for the investigation of a private covenant and no liability shall attach to the contractor for the breach of any such covenant.
34. Swedish Candles
We do not accept any liability for the use and disposal of any Swedish Candle purchased through WET. All Swcandles are used at own risk.