1.Statement: These terms and conditions shall take precedence over and above any other terms and conditions unless specifically agree in writing. These terms and conditions form part of the contract between ACWArb and the client under the contract law of England and Wales.
2. Definitions: The term ‘ACWArb’ refers to and includes all direct employees, sub-contractors and those working for ACWArb on a consultancy basis. The term ‘client’ refers to any individual, business, charity, local or higher government authority and or company receiving the services of ACWArb, or for which ACWArb undertakes works.
3. Quotation: The terms and price of our written quotation are valid for 30 (thirty) calendar days from the date of that quotation, any extension to this period is at the discretion of ACWArb. Notice of the right to cancel “cooling-off period” – the client has 14 days to cancel the contract (in writing) from acceptance date.
4. Price Guarantee: ACWArb will match the price (excluding tax) of any competing quote only if the quotation is in writing and available for our inspection, the quote must be dated within 14 (fourteen) calendar days of our quotation. The work must be carried out by qualified personnel and be an identical specification and scope and be within a 40 mile radius of one of our bases. ACWArb reserve the right to contact the competing contractor to check the quote. If we are not satisfied that the quotation is on a like-for-like basis we reserve the right to withdraw our quotation without prejudice.
5. Payment terms: Payment shall be made within 7 (seven) calendar days from the date of invoice, after this date ACWArb retain the right to charge an additional charge and reasonable interest on any outstanding amount of monies to cover administration and financial overheads. All materials either stored or installed on site remain the property of ACWArb until full and final payment of the invoice amount.
6. Cancellations: Cancellation fees will only be charged after an agreed order has been placed by the client and a scheduled work/s commencement date agreed with ACWArb. ACWArb retains the right to charge the full or part fee for cancelled work/s or services in accordance with the following tariff: 7 (SEVEN) calendar days before work/s commencement date 50 (fifty) per cent of quoted amount of services and 100 (one hundred) per cent of the quoted amount for materials. 2 (TWO) calendar days before work/s commencement date 100 (0ne hundred) per cent quoted amount. Quoted amounts are defined as the total amount including taxes defined in the ACWArb written quotation. Cancellation fees will be discretional.
7. Specification: The specification and scope of the works is limited to and defined only as that described in the ACWArb written quotation. Any omission from that specification is specifically excluded. Any additional works over and above those defined by ACWArb’s written specification which are requested by the client will only be carried out at an agreed price and with written confirmation of acceptance by the client. Additional works are carried out at ACWArb’s discretion.
8. Permissions: The client is responsible to inform ACWArb of any existing or pre-existing restrictions placed on the area/s of work/s or services or the existence of any protected species. The client is responsible to gain any relevant permissions and/or authorities for any works or services undertaken by ACWArb, unless ACWArb specifically undertakes in writing to seek and gain such authorities. Such authorities include the granting and/or removal of tree preservation orders, granting of permission for works in a conservation area, authority to carry out works in or around sites of special scientific interest, authority to carry out works in or around sites inhabited by protected species.
9. Liabilities: ACWArb retain all public and personal liability insurance and the responsibility for all their personnel under the Health and Safety and CDM legislation. The client agrees to abide by any and all exclusion areas defined by ACWArb’s method statements. The client retains any and all liabilities and responsibilities, for the maintenance of a safe working environment of the site which is under the client’s control and all adjacent areas. The client retains all liabilities for materials stored on site.
Where the works specification defines several separate elements of work, the client will accept liability upon completion of each individual element.
10. Arisings: ACWArb will remove all arisings and waste pursuant to their specified works unless otherwise specified in writing.
Any additional arisings or waste not defined in the works specification, which the client wishes to be removed will attract an additional charge, and the client remains responsible for all landfill taxes which may be levied. Any additional arisings or waste not defined in the works specification, which the client wishes to be removed will be carried out at ACWArb’s discretion.
Arisings will be removed from site and disposed of in an environmentally sustainable manner. Once removed from site arisings will become the property of ACWArb.
11. Work Standards: All works will be in accordance with the current British Standard 3998 ‘Tree Work Recommendations’ where possible unless specified otherwise. Dimensions specified are approximate and, wherever possible, will be to the nearest appropriate pruning point.
12. GDPR compliance – we will aim to protect your personal data in accordance with GDPR requirement and not to directly market our services to you without your prior permission to do so.
13. In the event of a variation to the quotation as a result of:
a. amendments to works required prior to arriving on site, or
b. changes in site / ground conditions since the original visit, or
c. additional works requested / required whilst on site
14. The quotation will be revised accordingly, either electronically in advance or hand-written on the day of work, with agreed amendments signed by the contractor and the client.
15. Stump-grinding will be to a depth of 300mm below the immediately adjacent ground level and will include the removal of the stump and buttress roots but will not include lateral roots unless otherwise specified. The client will advise ACWArb of any underground services in the vicinity of the stump prior to starting the job. ACWArb will take no responsibility for damage to underground services.
16. 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 where practicable (please also see 7. above as this may also apply.)
17. ACWArb has £5million Public Liability Insurance and a copy of the certificate is available on request. ACWArb will operate in accordance with good industry practice, their Health & Safety Policy and Procedures and undertake Site Specific Risk Assessments (the outcomes of which may place constraints on the site whilst works are in progress, i.e. the client can’t access their shed without prior agreement from ground staff).
18. If the works spread over multiple days, the site will be left appropriately and safe and as agreed with the client beforehand.
19. ACWArb will undertake the works as scheduled but is aware of / may be constrained by ecological and wildlife legislation including:
a. Wildlife and Countryside Act 1981
b. Countryside and Rights of Way Act 2000
c. Conservation of Habitats and Species Regs. 2017
This legislation requires ACWArb 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.
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