Your Guide to Working with Devon Tree Services Ltd – Terms and Conditions
We pride ourselves in providing a quality service and a high level of customer satisfaction. Please take a few minutes to read the information below as this forms the terms and conditions of our contract. Further information about the company is available on our website www.devontreeservices.co.uk. Devon Tree Services Ltd agrees to undertake the work in a competent manner in compliance with the relevant specification. All works will be in accordance with the current British Standard 3998 ‘Tree Work Recommendations’. However, if an operation that does not comply with BS3998 is specifically requested by the customer, we are able to carry out the work, but this will be noted within the written quotation. Dimensions specified are approximate and, wherever possible, will be to the nearest appropriate pruning point. For an explanation of the terminology and definitions used in our quotation, please see the Arboricultural Association’s website – www.trees.org.uk/tree-care-advice/tree-terminology or contact us.
Pruning Definitions
There are three main pruning operations that are carried out – crown thinning, crown lifting and crown reduction. If you would like more information regarding the various options, please follow the above link to the Arboricultural Association’s website.
Do you take everything away?
Most customers these days require removal of all arising waste material from site and this will usually be specified in the quotation. However, woodchips are a useful garden mulch and we increasingly find clients requesting that the chips are left for their own use. Timber may also be useful for firewood but it is not normally left in sizes ‘ready for the fire’ unless specified in the quotation.
Will my neighbours be affected?
Sometimes works will be easier if we can access a neighbouring property, particularly when branches overhang. It would be very helpful if you could advise your neighbour of your intention to carry out work and obtain their consent to access their property, if this is required.
Do I need to protect my walls or lawns?
Whilst our staff will operate with care and diligence, our work often entails the carrying of large amount of material (brushwood/logs) over lawns and past the house. Please make sure that vulnerable surfaces (such as white walls) are adequately protected (builders polythene is a good method) and that fragile objects are moved (such as pots etc.). Our staff will be more than happy to move heavier objects for elderly or disabled clients. Lawns tend to recover rapidly but very wet weather can give rise to very muddy conditions. We are able to provide boards to protect the lawn. However, this is not a standard procedure and may incur an additional cost. If in doubt, please discuss with our office.
What time will the team arrive?
Most jobs are completed efficiently and on time. However, occasionally a job will over-run or the weather will prevent us from working to time. The earliest time the team will arrive is 8.30a.m. However, in the case of smaller contracts, we are not able to estimate an arrival time until late afternoon of the previous day and even then can only advise an a.m. or p.m. arrival. We will make every effort to please clients who particularly require a morning or afternoon visit.
Insurance:
All work carried out by Devon Tree Services Ltd. shall be covered by a £10,000,000 Third Party and Public Liability Insurance for damage to person’s property that may result during the implementation of the contract. A copy of our policy is available on request.
Do I need permission?
The trees within this contract specification may be sited within a Conservation Area or be subject to a Tree Preservation Order. Upon acceptance of our quotation, we shall check for the presence of legislative protection (Tree Preservation Orders etc); no charge is made for this Local Authority check. If a notification/application is required, we are happy to handle this on your behalf, but advise that a charge will normally be made for this service.
Do you replace trees/shrubs that die after planting?
We endeavour to obtain good quality plants that comply to BS3936: Part 1: 1992 – Nursery Stock – ‘Specification for Trees and Shrubs’ which are handled with care and planted to industry standard. It is important however that you look after your new plantings and ensure that they are regularly watered and maintained. Trees and shrubs that fail due to circumstances beyond our control shall not be replaced. Please ask our staff for guidance on how to look after new trees, if in doubt.
Do I need to treat (poison) the stump after felling?
The majority of conifers will cease to grow following felling and will decay naturally. Some deciduous species will send up shoots. We try to avoid the use of chemicals but upon request we can apply a single treatment with ‘Eco-plugs’, to the manufacturer’s specification. No guarantee can be given as to the efficiency of a pesticide after application, due to conditions beyond our control.
Stump grinding.
The reason for and depth of grinding will be agreed with the client at the initial site visit. Stump grinding is normally carried out within a few days of the felling rather than on the same day. Stump grindings are used to backfill the resulting hole as they decompose rapidly. The chippings can be removed from site but this would incur an additional cost.
Underground and overhead services:
Although every reasonable effort shall be made to locate the presence of 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, Devon Tree Services Ltd 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 resulting damage to property resulting and the owner of the land or his agent shall be solely liable for any such damage. Any charge for the removal of power lines or telephone cables shall be the responsibility of the owner, unless otherwise agreed in writing with Devon Tree Services Ltd.
When do I pay?
When the job is completed, the Team Leader will ask you to sign the job sheet to confirm your satisfaction. Please only sign this when you are satisfied that all items are completed. Please raise any queries with the Team Leader before signing the job off. The office will invoice ‘signed off’ jobs within 14 days. All contracts and instructions are accepted on the basis of payment of full invoice price within 7 days of the date of invoice. Payment may be made by cheque, bank transfer (BACS), cash or debit card.
General:
The new General Data Protection Regulations – GDPR, introduced on 25th May 2018, means that we may only retain your data with your express consent. Please rest assured that we only use your personal information for the purposes of maintaining our relationship and we do not share your details with anyone. We will only keep your data for 90 days (as this is the period for which we guarantee our quotation) and we will then erase your personal information – phone numbers, email addresses etc. Once you accept a quotation and become a customer, we will retain your personal data only for the purposes of conducting our business relationship with you, and we will never share your data with anyone else.
Where applicable, value added tax (VAT) shall be charged at the current rate at the time of works being completed.
Amendments to the contract must be made in writing.
Any complaints, which may arise from work performed under any contract, arising from acceptance of the quotation must be made within the period of 7 days from the date of invoice, unless agreed in writing to the contrary.
Our surveyor will make an assessment for evidence of bats and nesting birds, and if found, we will contact you to discuss the procedure required in order to carry out any works. If our surveyor assesses that there is no wildlife when pricing the works, but the cutting team subsequently find evidence of such, we have a legal obligation to cease works, and we will contact you to discuss the next step.
Devon Tree Services Ltd. shall not be liable in damages or otherwise because of non-performance of a contract arising on account of adverse weather conditions, strikes, lock-outs, war and civil commotion; or lack of adequately skilled labour due to causes beyond our control. Further, we retain the right in such circumstances to cancel the contract in whole or in part. Completion dates shall be contingent upon weather conditions. 90 days after the submission of the quotation, Devon Tree Services Ltd reserves the right to withdraw and re-price work.
Quotations for felling are based upon 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, Devon Tree Services Ltd. reserves the right to re-quote accordingly. The contract price is based on the site conditions existing at the time of the preparation of the estimate remaining unchanged.
If, whilst working on site, a member of the work team considers their personal safety is at risk, or that they would breach the conditions of the Health and Safety at Work Act (1974), they are entitled to abandon the works, and will advise the customer accordingly.
Should it be necessary, Devon Tree Services Ltd will obtain the permission of the National Rivers Authority to apply pesticides to water or interfere with a watercourse.
Cancellation of contract – Cooling off period:
Your contract is subject to a 14-day cooling off period from the date of instruction by you. Cancellations can only be acknowledged within office hours (9.00 – 17.00 Mon – Fri). Once formally instructed by you we will contact you to arrange a site visit as required. In some cases, we may conduct partial administration costs on your behalf during the cooling off period, especially where quick turnarounds are required – you will be responsible for paying any costs accrued in that time. If you cancel the contract on the day of/during/after the site visit or commencement of works, you will be responsible for paying any costs accrued up to the point of cancellation plus any reasonable costs incurred directly as a result of the cancellation (such as unarranged transport costs)
Dispute resolution:
Any complaints which may arise from work performed under the contract should be made within 7 days of the date of the invoice, unless agreed otherwise to the contrary, in writing. We are accredited to ISO9001- a certified quality management system – and the company is dedicated to a policy of continual improvement and high customer service standards. Any complaints are always taken seriously and investigated thoroughly. A copy of our Quality Policy is available upon request.
By law, we are required to inform you that TrustMark provides an Alternative Dispute Resolution (ADR) service that would be competent to deal with your dispute. We have chose to participate in the TrustMArk ADR service and, as such, should you wish to use this service, you must do so by sending an email to: Disputes@TrustMark.org.uk, by telephoning 0333 5550334 or by writing to TrustMArk at
TrustMArk House, 5 Prisman Park, Berrington Way, Basingstoke, Hants RG24 8GT.