CONDITIONS OF CONTRACT

  

1. DEFINITIONS

 

The client: Being the person or persons who has requested a quotation for works/ authorised the works to proceed and will normally be the owner of the trees specified or will be the owners representative in whatever capacity with regard to said trees.

 

The Estimator: Being the person who has carried out the site inspection and forwarded the quotation for works.

 

The quotation: Being the written specification and costing for works as inspected and/or discussed on site and sent to the client. Quotations are valid for six months from their date after which period the Contractor reserves the right to amend costs/submit a new quotation.

 

The works: Being the tree work operations as detailed in the quotation.

 

The Contract: Being the works in the quotation requested/accepted/agreed by the client in writing.

 

The contractor: Being Bennu Services LTD trading as Love Trees.

 

2. GENERAL

 

Tree Preservation Orders/Conservation Areas: If the trees detailed in the quotation are covered by individual or group Tree Preservation Orders or are located within a Conservation Area the contractor can/will obtain any necessary Local Authority consents for work on behalf of the client on written acceptance of the contract. Should the client later cancel the tree works with the contractor there is a administration fee of £225.00

 

Insurance: The contractor is covered by £5,000,000 Public Liability Insurance. Copies are available for inspection on request.

 

Additional Works: If, during the execution of the contract, additional works are requested by the client which are outside of the original quotation, then their cost can be agreed on site (and signed in confirmation by the client on the quotation sheet) or an additional quotation can be prepared which may necessitate a further site inspection(s) by the original estimator.

 

Emergency call out: A charge of £250.00 is a flat, set fee for the call out of hours. Tree works required onsite will be charged additionally.

 

Cancellation: 48 hours notice of cancellation of scheduled works is required, otherwise a cancellation charge of up to 50% of the job price will be levied.

 

Neighbouring trees: If works are to be carried out on a clients neighbours trees which necessitate access to their property then written consent from the owner will be required. Any works carried out on a clients neighbours trees which do not necessitate access to their property do not need written consent but it is deemed prudent to inform them of proposed works. All the above are the sole responsibility of the client.

 

Parking: Where residents Parking or Pay and Display bays apply with regard to the contractors vehicle parking requirements then the local council parking suspension costs will be chargeable to the client.

Day/Hourly Rate: Where applicable day/hourly rates will be quoted on a man-hour basis and will cover travelling time in addition to time on site.

 

When it has been agreed that the client/tenant will arrange the reserving of parking upon the quoting stage if upon arrival on site to carry out the works there is no parking available for our vehicles which results in being unable to carry out the works then a cancellation fee will be charged (£100.00).

Deposit: Bennu Services Ltd reserve the right to require a deposit of up to 60% for contracts over £1500.00 (at our discretion). Where applicable the deposit will be required to be paid upon confirmation of booking.

 

Payment: Payment is due upon the satisfactory completion of the contract within 5 days, unless otherwise agreed. Cheques should be made payable to “Bennu Services Ltd’’ and passed to the foreman on site, alternatively transfer of funds via internet banking upon receipt of invoice to the details located on the rear of the document.

 

Property Managing Agents; It is the responsibility of the Managing agents/Landlord to inform the tenant/s at their properties of the works being carried out.

It is the responsibility of Bennu Services Ltd trading as Love Trees to liaise with the tenant/s in regards to booking a quotation appointment/ tree work date.

 

London Plane Trees; When London plane trees are in leaf they produce small fibrous hairs on both the leaves and the branches which cause severe irritation to the lungs, eyes and skin.
Due to the potential health hazard it is our policy not to prune London plane trees during the months when they are in leaf. The only months works can be carried out on these trees are in the dormant months which is generally mid-end December – February/March.

 

Complaints: Any complaints/queries relating to the satisfactory completion of works must be raised with our head office within 24hours of receipt of invoice, otherwise the contractor reserves the right to charge additional fees for further works/attendance/amendments.   

 

Settlement of disputes: The contractor will do everything possible to resolve any misunderstandings arising from contract works to the satisfaction of both parties.

 

3. THE WORKSITE

 

Site conditions: The contract price is based on site conditions as inspected by the estimator. The contractor reserves the right to levy additional costs subject to the degree of additional obstruction or to delay, postpone or rearrange works as necessary. The works area must be accessible prior to commencement of works. The contractor does not accept any responsibility for any damage or loss incurred through the need to clear access for works.

 

Services: The contractor will, upon written acceptance of contract, make any necessary arrangements with relevant authorities to make safe any external/overhead power services. Any costs will be chargeable to the client.

 

It is the responsibility of the client to inform the contractor of any underground services within the proposed area of works prior to the commencement. The contractor will not accept liability for any damage to services not informed about and reserves the right to cancel works deemed a potential hazard. Any injury to operatives caused through contact with undisclosed services will remain the responsibility of the client.

 

Weather conditions: The contractor reserves the right to delay, postpone or cancel works affected by inclement/dangerous weather conditions and to resume works as soon as conditions allow.

 

Wildlife and Countryside Act: 1981/200 – Crown Act (2000) Bats: The contractor shall take all responsible steps to ensure that safe retention of any wildlife habitats and reserves the right to delay, postpone or cancel works accordingly and to resume works as soon as practical.

 

Site Clearance: The contractor shall take all reasonable steps to ensure the worksite is left clear and safe at days end and on completion of all works.

 

4 EXPLANATION OF TERMS:

 

Clean out crown: Being the removal of deadwood, dying, diseased, weak, suppressed, split, broken, hanging, crossing and rubbing branches and epicormic growth (small shoots emanating from the main trunk and stems) from the crown,

 

Remove deadwood: Being the removal of all major deadwood in the tree down to 3-4cm diameter.

 

Formative prune: Being the minimal pruning of usually young trees to maintain optimum branch structure and crown balance in order to pre-empt potential future problems.

 

Trim/Shear: Usually refers to hedging and shrubs both evergreen and deciduous. Being the pruning back to flatten off or round off of growth to contain spread and maintain/control optimum visual appearance and shape.

 

Crown lift: Being the complete removal of lowest branches to main trunk and/or the reducing tack in length of lowest branches thus increasing the height og the main crown line above ground level. Usually expressed in meters.

 

Crown thin: Being the removal of all branches as in “Clean out Crown” and the removal of further smaller diameter branches evenly throughout crown in order to lessen the crown density and thus improve the light through the tree. Crown thinning will not result in any major alteration in the outline of the tree. Usually expressed as a percentage.

 

Crown reduce/shape: Being the all round reduction of the crown size of the tree (not the trees’ overall height) unless otherwise specified, Usually expressed as a percentage. In some cases only partial crown reduction is specified in order to clear buildings, street furnishings etc. usually expressed in meters.

 

Pollard: Being the removal of all growth back to main trunk knuckles, unless otherwise specified.

 

Fell: Being the removal of all growth back to main trunk or trunk knuckles, unless otherwise specified.

 

Grind down stump: Refers to the stump at or near ground level. Being the mechanical chipping out of the stump to approximately 300mm below ground level only. The trees’ radial root spread remains intact unless otherwise specified.

 

Grind out stump: in some cases, usually with smaller shallow stumps, it would be possible to grind out the whole stump. On larger stumps the grinding of radial roots down to a certain diameter may be specified.

 

Grub out: Refers to the stump and roots of a tree. Being the physical/manual digging to grind out of a stump and its root system. Usually applies to smaller trees.

 

Winch out: Refers to the stump and roots of a tree. Being the physical/manual excavation of the area around the tree/stump the severance of major radial roots and the mechanical winching out of the ground of the stump then the backfilling of the area where possible to level. Usually refers to larger trees.

 

Treat stump to prevent regrowth: Being the poising of the stump at ground level following felling work effectively to prevent the tree from resprouting. Product used: Amcide: a systemic product which breaks down to a nitrogenous fertiliser after 6-8weeks. Treat stump to be kept covered until such time.

 

Spraying: Tree/Shrub spraying with insecticide/fungicide can only be carried out with the appropriate license.

Brace: Being the support of the trees branch/limb structure by mechanical means in order to extend its safe useful life expectancy. Cable bracing involves the use of bolts drilled through the trunks and connected by steel cables. Cobra bracing involves the use of nylon rope encircling trunks and connected to itself. Similarly tree branches/limbs can be supported with steel props installed into the ground.