Terms and conditions- customer question

[jjll]

My t’s and c’s are based on the AA template within the arborist help documents as I’m sure many others are too.

 

I’ve had a customer question a section regarding 3rd parties claiming once the work is complete.

 

It reads....

 

I would also like clarification of clause 21 in your terms of conditions. What sort of third party claims are envisaged as a result of felling this tree?

 

“21. The client is bound to indemnify the contractor from any claims from third parties arising after completion of the works.”

 

 

In all honesty, I’ve not ever had anyone question our terms and would be keen to give a correct answer to the customer.

 

I’m assuming 3rd parties would be neighbours, utilities, other contractors carrying out work??

 

In this case it’s a domestic property, down to remove a small tree and grind stump.

 

I appreciate any advice

 

Cheers

[AA Teccie (Paul)]

Hi there,

 

Sorry, but I don't recognize that condition / wording as being from the template (copy attached.) The 3rd party issue in the Ts & Cs refers to working on 'their' trees, i.e. trees outside of the enquirers property.   

Ts & Cs Template v6.1 (2018).doc

 

I'm guessing the condition you cite relates to 'consequential heave' or similar (a complex matter.) Perhaps written confirmation that said condition would not apply in this instance may suffice.

 

Cheers,

Paul

Edited June 4, 2019 by AA Teccie (Paul)
More info added

[jjll]

Thanks Paul, my template was from a few years ago so could do updating.
I think what you say makes more sense, and in this case doesn’t apply so would need stating.