Terms & Conditions

These Terms & Conditions apply to all transactions and agreements between Umberslade Arboriculture and its Clients

 

Definitions

  • For the purpose of these terms & conditions the following definitions shall apply;

(a) "The company" - Umberslade Arboriculture of ****.

(b) "The client" - The individual or organisation commissioning specified products or services from the company.

(c) "Works" - Any and all products and services provided by the company to the client.

(d) "Quotation" - A written specification of works as agreed between the company and the client.

(e) "Contract" - An agreement between the company and the client to undertake works specified within the quotation for a given remuneration.

 

Quotations

  • The customer is in no way obligated/bound by any quotation provided by the company.

  • The company shall not be under any obligation to provide a quotation to the customer, where quotations are given they shall be in writing and provided by an authorised representative of the company. The company shall not be bound by any quotation given verbally, or in which manifest errors occur.

  • The company reserves the right to revise the quotation under the following circumstances;

(a) if at any point after providing the quotation the client instructs the company (whether orally or in writing) to carry out additional works not referred to within the quotation.

(b) if after the submission of the quotation there is a significant change in the cost of materials or any item related to the cost of providing the works.

(c) if after the submission of the quotation it is discovered that further works are required to be carried out which were not anticipated when the quotation was prepared.

  • All written quotations provided by the company shall be valid for 30 days after the date set out on the quotation.

 

A Contract and Scheduled Works

  • A contract will take effect on acceptance by the client, either verbally or in writing, of the quotation submitted by the company and therefore the terms and conditions set out within this document.

  • On the acceptance of the quotation by the client, the company will commit itself to carry out the works set out within the quotation, to the best of its ability, maintaining sound professional knowledge, skills and experience, with due regard for the client's requirements and in compliance with all relevant regulations and standards.

  • The company shall take all necessary steps to ensure that worksites are left clean, tidy and free of hazards on completion of works.

  • The company reserves the right to delay or cancel works that;

(a) are deemed a potential hazard.

(b) are affected by unforeseen inclement/dangerous weather.

(c) interfere with the protection of wildlife or the safe retention of wildlife habitats.

(d) are compromised by unforeseen circumstances.

 

Alteration/Withdrawal/End of Contract

  • Scheduled works should be cancelled by the client at least 48hrs prior to the agreed commencement date. If the client fails to do so, they shall be liable for a minimum charge of 50% of the value of the contract.

  • In the event the client withdraws the contract after works have commenced, the client shall be liable for a minimum of 75% of the value of the contract.

  • Any additional cost arising from the alteration of the contract by the client will be specified within an additional quotation.

  • In the event of bankruptcy or liquidation of the client, the company reserves the right to delay or annul the contract, and request immediate payment of the fees set out in the contract.

  • In the event of a force majeure, including all exterior causes (foreseen or unforeseen) over which the company has no influence and which prevents it from meeting its obligations, the parties will agree to either suspend or annul the contract.

 

Payment

  • Invoices are due for payment within 30 days of delivery to the customer.

  • The company reserves the right to charge interest upon any outstanding payment after such time at the statutory rate (currently 8%). 

  • For commercial clients interest shall be charged on any outstanding invoice after such time at the statutory rate (currently 8%) plus the reference rate (the Bank of England base rate) pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 and the Late Payment of Commercial Debts Regulations 2002.

 

Notification of Remedial Works

  • If after completion of works the client is not wholly satisfied then the client shall give notice in writing within 6 months to the company and shall afford the company and/or its insurers the opportunity of inspecting such works and carrying out necessary remedial works if appropriate.

  • The client accepts that if they fail to notify the Company within 6 months from the date of completion of works (or date of invoice if unconfirmed) the company shall not be liable in respect of any defect in the works carried out.

 

Liability

  • The company does not accept liability for any damages to (underground) services that were not advised of by the client prior to commencement of works.

  • The company will be liable for damages that are a direct and demonstratable result of shortcomings for which the company can be held accountable.

  • The client will be responsible for informing any third party of scheduled works where such works may affect the third party property, or require access to third party property.

  • The client is bound to indemnify the company for any claims arising from a third party after completion of the works.

 

Governing Law

These terms and conditions and all contracts between the client and the company shall be governed and construed in accordance with the Law of England and Wales.