“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 Clive Francis Arboricultural Contractor.
“QUOTATION” means the quotation to which these Terms are appended;
“SPECIFIED SERVICE” means the service to be provided by the Supplier for the Client and referred to in the Quotation;
2. The Contractor
The Contractor shall provide the Specified Service to the Client subject to these Terms and according to British Standard 3998:1989. The Contractor may at any time without notifying the Client make any changes to the Specified Service which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Specified Service.
Subject to any special terms agreed, the Client shall pay the Contractor in full on completion of the Specified Service, when an invoice will be rendered. If payment is not made on the due date, the Contractor shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after any judgment) at the rate of 4 % above the base rate from time to time of HSBC Bank from the due date until the outstanding amount is paid in full.
Any changes or additions to the Specified Service or these Terms must be agreed in writing by the Contractor and the Client.
5. Value added tax (VAT)
All charges for the provision of the Specified Service are exclusive of any VAT, for which the Client shall be additionally liable at the applicable rate from time to time.
6. Tree Preservation Orders and Conservation Areas
Investigation of Private Covenants shall be the responsibility of the owner and no liability shall attach to the Contractor for a breach of any such covenant.
7. Underground services
Unless a plan showing the exact location of underground pipes, wires, cables, etc has been forwarded to us by the Client prior to the formation of the Contract. The Contractor shall not be liable for any damage caused as a result of work performed under the Contract to such wires, cables, pipes, etc or for any damage to property resulting there-from, and the Client shall be solely liable for any such damage. Accordingly, any charge for the removal of power lines or telephone cables to be the responsibility of the Client, unless otherwise agreed in writing with the Contractor.
8. Liability of the Contractor
Except in respect of death or personal injury caused by the Contractor’s negligence, or as expressly provided in these Terms, the Supplier shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Contractor, its servants or agents or otherwise) which arise out of or in connection with the provision of the Specified Service, and the entire liability of the Contractor under or in connection with the Contract shall not exceed the amount of the Supplier’s charges for the provision of the Specified Service, except as expressly provided in these Terms.
The Supplier shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Supplier’s obligations in relation to the Specified Service, if the delay or failure was due to any cause beyond the Supplier’s reasonable control.
9. Expiry of Quotation
Three months after the submission of the Quotation, the Contractor reserves the right to withdraw and re-price the work, unless otherwise agreed in writing on acceptance of instructions from the Client. The price is based on the site conditions existing at the time of the preparation of the Quotation remaining unchanged.
10. Hidden obstructions, Stump grinding, Debris and Site conditions
Quotations for felling are based on the assumption of trees being free from metal, stone or other hidden obstructions. In the event of a tree being impossible to fell in the normal way, the company reserves the right to re-quote accordingly.
Stump grinding involves the removal of the tree stump but does not include the removal of lateral roots or stump chippings unless specified.
All lengths mentioned in the Quotation are approximate
The headings in these Terms are for convenience only and shall not affect their interpretation.
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.
Clive Francis, Aboricultural Contractor offers an extensive range of services, including: a 24 hour emergency callout service, tree management, Aboricultural consultancy & advice, ecology, forestry mulching & scrub cutting, stump grinding and chipper hire.
For more information, please contact us to discuss your requirements.
31 Chapel Rd,
Tel: 01873 859273
Mobile: 07976 515722