Definitions
Contractor: Scotia Tree Services Limited (STS), representing all staff directly or indirectly employed by the company
Client: person commissioning specified works, unless it has been clearly stated that he/she acts on behalf of a third party
Quotation: written specification of the works as discussed on site and given or sent to the client
Works: refers to tree surgery, stump grinding, and any other tasks specified by the client
Contract: agreement between STS and a client in which the client requires STS to undertake certain specified works and STS agrees to do this for a given remuneration
Quotations & Expiry
All quotations and cost estimates are without obligation. Typically we are prepared to hold our quote for a maximum of 30 days. After 30 days you may need to request a requote prior to booking works. For information, our prices generally rise over time with inflation.
Service specification
The accepted quote (either electronically or verbal) includes the limit and scope of works agreed to be undertaken.
Any dimensions and percentages specified are by nature approximate.
Quoted reductions are for 30% reduction of the tree’s Crown unless agreed otherwise.
Most works are undertaken to the nearest appropriate pruning or access point.
Changing the Quotation
If things change then the quote will change too. This might include:
- Changes to the work needed to be done
- Changes to the site or tree condition since the quote visit
- Additional works you ask for whilst we are on site
Changes in advance will need to be notified to us and confirmed electronically. Changes on the day of work will be agreed between the contractor and the client including any cost implications.
STS working practises
Tree Surgery
All works will be in accordance with the current British Standard 3998 ‘Tree Work Recommendations’ where possible unless specified otherwise
Note: Stump grinding is NOT included as part of any felling or removal job unless specified in the quotation .
Stump Grinding
Where specified, stump grinding will be to agreed depth below the adjacent ground. Arisings will be left on site and backfilled into the stump hole as a mulch. Note: stump grinding is NOT included as part of any felling or removal job unless specified in the quotation. You undertake to notify the contractor of any underground services in the grinding areas.
Works carried out over a weekend/Public holiday will be charged at a surcharge.
Your responsibilities
- Underground services: You must notify STS of the position of any underground services crossing the site where the work is to be undertaken and provide a plan showing the locations of underground services. You agree to indemnify and hold harmless STS for any damage to underground services as a result of negligence howsoever caused.
- Power lines, telephone and other cables: You must remove or cause to be rendered safe any power lines, telephone or other cables which may interfere with the work or which may cause injury or damage to any STS employees or sub-contractors.
- Ownership: You must inform STS if any of the trees, shrubs or hedges affected by or included in the service specification are not owned by you the appointing client.
- Neighbours: You must inform neighbours, where appropriate, of any specified work at boundary locations. You will be responsible for any claims resulting from such works.
- Where works are proposed to third party trees, i.e. ‘neighbours trees’, the contractor will require written confirmation from the tree owner (the neighbours) that the works are agreed and where necessary, that access is permitted. If works only apply to overhanging branches that can be pruned from within the client’s property then permission is not required but the neighbour should be advised as above.
- Any site alterations made after our initial inspection date that may affect operational logistics, such as new structures, garden ornaments, access may in turn affect the quotation provided. It is the responsibility of the client to inform us before work commences of any site alterations that may affect operational logistics that may add to the cost.
- Children and pets: it is the clients’ responsibility to keep the working area free of children and pets.
- Site hygiene: We’re unable to work on sites littered with dog or animal faeces. It’s your responsibility to clear such mess before we arrive or incur an additional fee for cleaning or clear up on the day. If this is not possible you may incur a rebooking callout fee.
- Landlord Access: You must ensure that any tenants provide access to STS on the scheduled date of work. In the event of STS being unable to gain access you may incur a charge of 50% of the value of the proposed works.
- Permissions: It is your responsibility to ensure appropriate consent to carry out the specified work has been obtained.
- Waste material: Cuttings, wood, chippings etc may be removed as part of the service where specified. Waste remains the property of the customer until full payment for the service has been received. Failure to pay will oblige STS to return waste material to the site of work.
Our responsibilities and liabilities
- Site: STS take all reasonable precautions to avoid damage to fences, gates, walls, paths and the site in general. This does not include damage to the site occurring through reasonable and proper execution of the work.
- 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 and needles etc and the traversing of site personnel it will not be as it was prior to commencement of works, but will be left as clean and tidy as practically possible.
- Maintenance: Subsequent maintenance of trees and the site after completion of the work is not included unless specified in the quotation.
- Tree death: STS will not be liable for the failure of any trees, shrubs or plants which fail to take for reasons beyond our control or for any tree which dies following heavy reduction or pollarding.
- Subcontracting: STS reserve the right to subcontract all or part of the commissioned works. Such works remain subject to these terms and conditions.
- The contractor has £1 million Public Liability Insurance and a copy of the certificate is 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 (either written or verbal), the outcomes of which may place constraints on the site whilst works are in progress, e.g. the client can’t access their shed without prior agreement from ground staff.
- The contractor will only carry out works in accordance to latest HSE guidelines and only use current methods and appropriate tools and machinery suitable for the task.
Cancellations & Delays
STS reserve the right to delay or cancel works that are: deemed hazardous, affected by inclement weather, likely to interfere with wildlife habitats, or otherwise compromised by events or failure to act on your responsibilities.
STS reserve the right to charge for jobs cancelled within 24 hours of commencement as follows:
24h – 12h prior to work commencing = 50% of total quoted amount
Less than 12h prior to work commencing = 75% of total quoted amount
Payment – on receipt of invoice
On completion of the quoted works, payment is due on receipt of invoice. You’ll usually be emailed your invoice within 2 days of works completing. Payment can be made via bank transfer or receipted cash on the day.
Late payment
Where invoices are overdue and payment has not been received, STS will send a reminder email after 7 days of non payment. After this date, STS reserves the right to charge daily interest on the debt at a rate of 8% over the Bank of England base rate on a weekly basis in line with current law.
After 14 days of non payment, the payment is deemed to be late and we will refer the matter to our debt collection agents, which will incur further administrative costs as charged by them. Any fixed fee costs incurred to collect the debt will be added to the debt.
Complaints or concerns
Any complaints or concerns after completion of works must be notified, in writing or by email to STS within a period of 48 hours after works are completed. Complaints should be sent to scotiatree@mail.com
General
The headings used in these Terms and Conditions are for convenience only and not necessarily part of their interpretation.
The Contract constitutes the entire agreement between the parties, supersedes any previous agreement or understanding and may not be varied except in writing between the parties.
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provision of these Conditions and the remainder of the provision in question shall not be affected.
United Kingdom law applies to all legally binding transactions between the client and the contractor.
