Terms and Conditions of Service 2024
Upon accepting the quotation/grounds maintenance schedule provided you agree to the following Terms and Conditions. This is stated on all quotation forms.
Payment
Payments are due the same day of completion of the quoted works. An invoice will be given and payments can be made via bank transfer or cash only. Payment must be made on time and in full. Overdue invoices will incur a charge of 10% of the total due, this charge will continue every 7 days until paid. Once the overdue payment has passed 28 days, it will be referred to our debt collecting agency where other charges and fees will apply, which could seriously impact your credit rating. For commercial clients, payment terms are to be confirmed at the start of the contract in writing, otherwise will be 14 days from the invoice date, same late payment fees of 10% apply. We reserve the right to stop providing our services if payment is not made on time.
Tree Surgery
The Contractor Tommy Clark Tree & Ground Contractors Ltd agrees all tree works will be in accordance with the current British Standard 3998 ‘Tree Work Recommendations’ where possible unless specified otherwise and guidelines provided by the Health and safety executive. In the quotation of tree works all dimensions and percentages specified, wherever possible, will be to the nearest appropriate pruning point. The Contractor will not be responsible for any issues that may arise after completion of a tree removal (for example, subsidence/heave).
Weather
Depending on how severe the weather is, The Contractor may reschedule a regular maintenance visit or other works such as tree or ground works. The contractor may still arrive in bad weather such as heavy rain if there are jobs to complete that are safe to do so. Grass cutting may be avoided in heavy rain, and will return on our next available dry day, or will spend additional time/bring additional staff members on our following visit to complete any missed tasks.
Zero Emissions Equipment
The Contractor Tommy Clark Tree & Ground Contractors Ltd uses zero emissions professional battery powered tools and equipment where possible. Some tools and equipment such as our vehicles, larger ride-on lawnmower and our woodchipper are still diesel and petrol powered but we are looking to go full zero emissions in the near future when the run time and technology meet our demands.
The Quotation
This quotation which also provides the schedule of works is valid for 30 days after which the Contractor reserves the right to withdraw and re-price unless otherwise agreed in writing. Upon acceptance of the works, the agreed price will remain as per the quotation until the work is completed unless the work is delayed by the customer, changes in site conditions or any hidden obstructions are found.
Change to Quotation
In the event of a variation to the quotation as a result of:
1. Amendments to works required prior to arriving on site, or
2. Changes in site / ground conditions since the original visit, or
3. Additional works requested / required whilst on site, or
4. Industry price increases to materials.
The quotation will be revised accordingly, either electronically in advance or where appropriate in a handwritten note on the day of work, with agreed amendments signed by the Contractor and the client.
Hidden Obstructions & Delays
Quotations are based on the assumption there are no hidden obstructions, such as metal or stone within a tree, or underground services causing added costs and delays. The Contractor reserves the right to re-quote accordingly or postpone any further works until the issues are sorted.
Deposits & Cancellations
If the client cancels work that is booked in with the contractor within 24 hours, a 50% charge of the total amount will be payable.
The contractor may require a non-refundable deposit from the client to secure the date of booking. This will be deducted on the invoice upon satisfactory completion of the work.
Tree Preservation Orders and Conservation Areas
Following written/verbal instructions from the client, the Contractor will check with the Local Planning Authority (LPA) if the tree(s) are the subject of a Tree Preservation Order or located within a Conservation Area. Applications to Councils are free of charge, although upon accepting our quote we take a payment of £150 + VAT to process the application which is refunded on completion of the works/or if the application is rejected. If the Contractor has dealt with a planning application and the Client does not use our services, the fee of £150 + VAT will not be refunded.
Garden Waste & Tree Branch Removal
All arisings (inc. twigs / branches / woodchips / logs / trunks / foliage / etc) will be removed from site only if stated in the quotation and will remain the property of the Client until the invoice is paid in full. The contractor will only remove green/garden waste from our quoted works unless agreed otherwise. We have the right to return the waste removed if the invoice is not paid in full within the due date. For Garden Maintenance, we will initially use your compost heaps and garden waste bins for the waste we produce, removing excess waste which may be chargeable depending on the agreement. For tree removals, the stump will be cut as low as possible to ground level, and does not including removing the stump or any roots from the ground unless stated.
The Site
The site will be left generally ‘clean, tidy and safe’ but because of the very nature of the works including the production of wood dust, chainsaw / wood chippings / twigs / leaves etc. and the traversing of site personnel it will not be as it was prior to commencement of works. If the works spread over multiple days, during the course of the work the site will be left appropriately and safe before the final clear up on the last day.
Stump Grinding & Root Removal
Stump grinding is only included in the quotation if stated. The Contractor will only grind down stumps to a maximum depth of 12 inches (1ft) below ground level unless agreed otherwise before-hand and stated in the quotation form. Removal of lateral and trailing roots is only included if stated in the quotation form.
Gardening, Grounds Maintenance, Turfing & Planting
Gardening works will be clearly explained before any works are carried out. For new lawns (turfing) and Planting it is the clients responsibility to water and care for the turf/plants as required. The Contractor shall be under no liability for any imperfections or damages after installation of new turf/plants/shrubs/etc. Regular Garden and Grounds Maintenance does not include: tree work, chainsaw use and landscaping, hedge reductions (reducing a hedge lower in height/width, more than what hedge cutters are capable of cutting), hedge removals, digging up ivy and large roots, bamboo and includes only what is specified on the quotation, to a maximum height of 8ft (e.g hedge trimming) unless stated otherwise. Neighbours sides of hedges are not included in regular maintenance visits unless stated. If a maintenance contract is agreed we require one months notice to cancel, any money that is payable/refundable will be calculated and noted on the final invoice.
We do not carry out any lawn treatments (such as weed and feed, applying fertiliser, scarifying etc.) for this we would recommended a specialist lawn treatment company if needed, but we don’t include this within our maintenance plans or carry this out due to timescales, varied results and additional costs involved. We will however follow any guidance from a lawn treatment company after any treatments they have applied if required.
Litter Picking
If specified within the quotation, litter picking is carried out. All litter will be placed into bins located on the site and will not be removed from the premises. The contractor will not pick up sanitary products, human or animal faeces, nappies, needles and any other rubbish items that can be hazardous to health. We will also not litter pick or remove bulky items, such as dumped chairs, plant pots, bricks etc.
Timber & Materials
Wood is a natural material and can split, twist or warp as it is exposed to sunlight and air. Wood that has been pressure treated will shrink as the water used in the treatment process evaporates from the timber. It is very unusual for any of these natural weathering characteristics to be detrimental to the structural strength or shorten the life expectancy of the timber. We cannot take any responsibility for the above, and you will be directed to our timber supplier for further information. We will not take any responsibility from damaged materials supplied by the client, or any future issues or damages with them after installation. The quoted price including timber may be subject to industry increases.
Underground/Overhead Services & Cables
Although the contractor will scan the area prior to stump grinding to identify any underground services, unless a plan showing the exact location of underground pipes, wires or cables has been forwarded to us by the Owner of the land (or his agent) 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 or cables, or for any damage to property resulting there from and the owner of the land or his agent shall be solely liable for any such damages. If needed, any charge for the removal of telephone cables, or temporary power shut down shall be the responsibility of the owner and/or the client, unless otherwise agreed in writing with the Contractor. The contractor will not be responsible for cutting through hidden wires (such as solar/garden lighting, internet or phone cables) where they are hidden within hedgerows/plants/shallow soil unless clearly visible and the client has made us aware of this before commencing works.
Insurance
The Contractor has £5 million Public Liability Insurance and £10 million Employers Liability Insurance in place. A copy of the certificates are available on request. The Contractor will operate in accordance with good industry practice, their Health & Safety Policy and Procedures and undertake Site Specific Risk Assessments.
Ecological and Wildlife Legislation
The Contractor will undertake the works as scheduled but is aware of and may be constrained by ecological and wildlife legislation including:
1. Wildlife and Countryside Act 1981
2. Countryside and Rights of Way Act 2000
3. Conservation of Habitats and Species Regs. 2012 (amendment)
This legislation requires the Contractor to assess the impact of the works which may result in works being delayed as a result of nesting birds, roosting bats or similar being present.
Photography and Social Media
The Contractor may take photopraphs of their work, before, during and after and use these on social media and website pages. We will use these unless the client prefers us not to, please let us know if this is the case. We will make sure that no personal information such as door numbers and car registration plates are visible.
Complaints or concerns
We always endeavour to provide the best service for our customers. However, on rare occasions, we recognise that there may be times where our customers may not be completely satisfied.
To ensure we are able to put things right as soon as we can, please read our complaints procedure below and we will respond promptly to ensure complete satisfaction.
As soon as possible after the completion of the works, please inspect the work to ensure everything has been carried out to our usual high standards.
In the unlikely event there is anything you are not completely satisfied with, please contact us as soon as you can in order that we can rectify any problems as soon as possible. Either call, write or email us.
We aim to respond within 7 days of receiving your complaint and where possible, will provide you with a date to remedy any issues raised.
Where we are unable to resolve your complaint using our own complaints procedure, as a Which? Trusted trader we use Dispute Resolution Ombudsman for dispute resolution. In the unlikely event that we cannot remedy your complaint to your satisfaction you may wish to refer your complaint to them. If you wish to do so please contact Which? Trusted Traders in the first instance on 0117 456 6032.