CMS Tree Services
Terms and Conditions
The Contractor – the person or business undertaking the works and The Client – the person or business instructing the works (and in so doing, and accepting the quote, agrees to / accepts the following terms and condition.)
1. ‘Notice of the Right to Cancel’ – the client has 7 days to cancel the contract (in writing) from acceptance date.
2. Should the client cancel scheduled work with less than 24hrs notice a ‘stand down fee’ of 50% quote value may be charged at the discretion of the contractor (CMS Tree Services reserve the right to postpone works due to unsuitable weather conditions or changes in contract).
3. This quotation / estimate is valid for 30 days and takes into account any ‘value’, monetary or otherwise, the arisings may have unless stated otherwise.
4. 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, where ever possible, will be to the nearest appropriate pruning point.
5. 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 the quotation will be revised accordingly, either electronically in advance / hand written / agreed in person on the day of work, with amendments signed or agreed verbally by the contractor and the client.
6. Stump-grinding will normally be to a depth of 300mm (unless specified differently) 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 the contractor of any underground services in the vicinity of the stump prior to starting the job. The contractor does not accept liability to underground services that were not advised by the client prior to commencement of work
7. All arising (inc. twigs / branches / wood chip / logs / trunks / foliage etc.) will be removed from site and become the property of the contractor unless specifically stated otherwise in the quotation
8. On completion of the works, an invoice will be raised and payment is required within 14 days OR payment is required in full on completion of the quoted works (unsatisfactory completed jobs MUST be immediately notified in writing / by email, to the contractor or within a period of 48 hours)
9. Following written / verbal instructions from the client, the contractor will check with the Local Planning Authority (LPA):
1. Whether the tree (s) are the subject of a Tree Preservation Order
2. Whether the trees are located within a Conservation Area,
3. The contractor will also consider whether a Felling Licence is required from the Forestry Commission (FC) or if any other permissions/consultations are required, i.e. Natural England/Environment Agency. NB: Please note, if the contractor undertakes the necessary LPA application/notification an appropriate administrative charge of £75.00 will be incurred should the client decide not to proceed with the quoted works or uses another contractor.
10. 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 if 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)
11. The contractor has 5 million Public Liability Insurance and Employers Liability Insurance. A copy of the certificate is available on request. The contractor will operate in accordance with good industry practice, their Health and 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.)
12. 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.
13. If the works spread over multiple days, the site will be left appropriately and safe and as agreed with the client beforehand
14. The contractor will undertake the works as scheduled but is aware of / may be constrained by ecological and wildlife legislation including:
1. Wildlife and Countryside Act
2. Countryside and Rights of Way Act
3. Conservation of Habitats and Species Regs. (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.
15. The site should be clear of all dog foul before work commences. Should any of CMS Tree Services employees be required to remove excess dog foul before work commences a charge of £15.00 will be added to the final invoice.
Our terms and conditions can be downloaded here:Terms & Conditions