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Terms and Conditions


Paul Smith
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This probably ain`t no use to you but my terms and conditions are: I`ll do the very best job I can for you and then you pay what we agreed, promptly. I might confirm the price in writing occaisionally if they ask; other than that its all on trust.

 

How vague is that?

 

The best job you can do!

 

I always have the quote in writing mate mainly for my own benefit.

 

Terms and conditions for me just basically extend to pay within 30 days.

 

A bit poor but I am looking at revising then when doing commercial.

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My T&C

 

 

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 *****************

"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.

Hourly Rates

Day rates and hourly rates will be quoted on a man-hour basis and cover normal traveling time in addition to time spent on site. Lunch breaks are normally ½ hour and not charged.

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, or lack of adequately skilled labour due to causes beyond our control. 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 £10,000,000 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.

Hidden Obstructions

Quotations for felling are based on the assumption that the trees are free from embedded artifacts or other hidden obstructions. In the event of such obstructions being encountered, the Contractor reserves the right to re-quote accordingly.

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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How vague is that?

 

The best job you can do!

 

I always have the quote in writing mate mainly for my own benefit.

 

Terms and conditions for me just basically extend to pay within 30 days.

 

A bit poor but I am looking at revising then when doing commercial.

 

 

Long contracts that talk about what happens in the event of civil unrest, and trees free of embedded artifacts is, personally, not for me. Unless I was genuinely prepared to pay lawyers to get involved in my business relationships I think contracts of that type are a waste of time.

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Long contracts that talk about what happens in the event of civil unrest, and trees free of embedded artifacts is, personally, not for me. Unless I was genuinely prepared to pay lawyers to get involved in my business relationships I think contracts of that type are a waste of time.

 

Sorry mate but I didnt understand that tbh.

 

I fore see that we will have to start getting more involved with T&C in the future and some of the T&C that lads I know(not in the tree game) have to write into there quotes is frightening for small business like me.

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Sorry for being unclear - `civil commotion` and `embedded artifacts in trees` etc were just a couple of things I noticed Gibbon has in his terms and conditions. For jobs, where if you didn`t get paid you`d be bankrupt, T&C are probably wise. But other than that, I don`t think they send out the right vibes of trust.

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