The Contractor (Wiltshire Forestry) – 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 conditions.)
1) Notice of the Right to Cancel – the client has a 14-day cooling off period to cancel the contract (in writing) from acceptance date, using the confirmation /cancellation form available online.
If work is booked in with the contractor and cancelled /altered less 7 days before work commences , the contractor reserves The right to charge a percentage of the total to cover wages staff for the contracted job .
2) When the client request that the work to be undertaken BEFORE the 14-day cooling off period has expired. The client must request this in writing using the confirmation/cancellation form available online.
3) This quotation/estimate is valid for 30 days and takes into account any value, monetary or otherwise, the arisings may have unless
4) No work other than that specified in writing In the quotation shall be undertaken nor shall any other specification of the work apart from that stated shall be completed. 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.
5) In the event of a variation to the quotation as a result of:
a. Amendments to works required prior to arriving on site,
b. Changes in site/ground conditions since the original visit
c. Additional works requested/required whilst on-site, the quotation will be revised accordingly, either electronically in advance or in a handwritten on the day of work, with agreed amendments signed by the contractor and the client.
6) Stump-grinding will be to a depth of 150 - 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 the contractor of any underground services in the vicinity of the stump prior to starting the job.
7) All arisings (including twigs, branches, wood chips, logs, trunks, foliage, etc.) will be removed from the 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 07 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 maximum period of 24 hours.
9) it is the responsibility of the tree owner to inform the contractor of and TPO or Conservation areas before work commences . We take no responsibility if we are not informed of any planning restraints prior to commencing work.
Following written acceptance/verbal acceptance of the quotation l and confirmation of any planning restraints from the client, the contractor will apply to the Local Planning Authority (LPA):
a. If the tree(s) are the subject of a Tree Preservation Order
b. If the trees are located within a Conservation Area
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 £50 will/may be incurred. Similarly, a charge may be incurred for obtainment of an FC felling licence.
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 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.)
11) The contractor has £5 million public liability insurance and 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) Forestry and woodland managements sites shall not have brush/branches removed/chipped/mulched unless specifically stated in the quotation specification.
14) If the works spread over multiple days, the site will be left appropriately and safe and as agreed with the client beforehand.
15) The contractor 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. 2012 (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.
16) The price stated for work to be carried out is for the job in hand, not for the time sent on site by operatives, unless a 'day rate' is agreed.
17) If the contractor require access for equipment which involves the contractor removing/widening etc
18) Any advice given or work recommended are only guidelines, the contractor will not be held responsible for any problems resulting from our recommendations.
19) Timber is a natural product and is subject to splitting and twisting as it weathers. This is usual and we cannot be held responsible for this process, and any changes to the appearance of the fence, structure etc that may occur.
20) Any claim or complaint by the customer must be made, in writing, within seven days from the ‘offence’. Should the contractor accept liability, repair or replacement will be made, like for like, free of charge. As soon as is practical. Failing this the contractor shall be under no obligation to remedy, restore, replace, reduce or rectify any problem.
21) The customer is responsible for notifying the contractor of the position of any services at the work site. Any damage to pipes, wires, cables or other is the responsibility of the customer. The contractor will exercise due care when working near services but may have to cease work and leave unfinished if work becomes unsafe. This is not an excuse for reduced payment.
22) Payment for work is expected in full, within 7 days of invoice. Please note all accounts beyond our credit terms will be passed to our debt collection agency,. All accounts, without exception, will be subject to a surcharge of 15% plus vat to cover our costs in recovery. These accounts will also be subject to any legal costs incurred in obtaining settlement.
23) The contractor always endeavours to leave the site clean and tidy, however due to the nature of the work, ground disturbance may occur. The customer will be responsible for remedying this, unless agreed otherwise beforehand.
24)The contractor shall not be held liable or responsible for ground movement/subsidence/damage to property etc resulting from any work undertaken to trees or stumps ..