Terms and Conditions:
Our terms and conditions are important and we ask that you keep a copy
for your records. Should you have any unresolved queries, require further
information or fail to be completely satisfied with our work, please ring
us and we will deal with the matter immediately.
1. For the purpose of these terms & conditions the following words
shall have the following meanings:
(a) “The Company” shall mean The Blue Tree Company (UK) Limited of
50 Bunyan Road, Hitchin, Hertfordshire, SG5 1NN.
(b) “The Customer” shall mean the person or organisation for whom the
Company agrees to carry out works and/or supply materials.
(c) “The Operative” shall mean any representative appointed by the
Company.
(d) “Quotation” or “Quote” shall mean written specification of the works
as discussed on site and sent to the client.
(e) “Works” shall mean tree surgery, surveys, arboricultural advice and
work, liaison with local authorities, and any other work indicated in a
written Quotation.
(f) “Contract” shall mean the agreement between The Blue Tree
Company (UK) Limited and a Customer in which the Customer requires
The Blue Tree Company (UK) Limited, to undertake certain specified
works and The Blue Tree Company (UK) Limited to do this for a given
remuneration.
2. Discretion to accept or reject work
The Company reserves the right to refuse or decline work at its own
discretion. Where the Company agrees to carry out works for the
Customer those works shall be undertaken by the designated operative of
the Company at its absolute discretion.
3. Fixed price work
The Company may offer a fixed price for work and this shall be given as
a cost, (manifest errors exempted) including Labour and Materials. All
costs are plus VAT at the prevailing rate.
The Company is committed to responsible waste disposal practices in
compliance with environmental regulations. All waste material removed
from the site will be disposed of responsibly, with wood chips and timber
repurposed where possible, unless otherwise requested by the Customer.
4. Written Quotation
All quotations and cost estimates are without obligation.
The Customer has 14 days from entering into a service contract in which
to cancel it (“cooling off period”). The right to cancel can be lost during
the cancellation period if the service is provided in full before the 14 days
elapses.
Quotations are valid for 3 months from their date of issue, after which
time the Company is entitled to draw up a new quotation/amend costs.
We will honour quotes accepted within 3 months of issue for work
booked beyond this period
Quotations for tree felling, cutting, and removal of the trunk or stem are
based on the assumption that trees are free from metal, stone, or other
hidden obstructions. If such obstructions are discovered, preventing the
tree from being felled, cut, or removed as initially planned, the Company
reserves the right to issue a revised quotation to cover any additional
costs associated with alternative methods and equipment required for safe
completion. Any further costs and necessary arrangements will be
discussed with the Customer before proceeding.
All measurements mentioned in any quotation or correspondence are
approximate and provided for guidance only.
5. Entering into an agreement, execution of commission
The Company takes effect on acceptance by the client, either verbally or
in writing, of the quotation submitted by the Company.
The Customer is responsible for providing accurate information regarding
property boundaries, tree ownership, and the location of underground
services. The Company shall not be liable for issues arising from
incorrect or incomplete information provided by the Customer.
The Company commits itself to executing the works to the best of its
ability, thereby employing sound professional knowledge, skills and
experience, with due regard to the Customer’s requirements and in
compliance with all relevant regulations and standards. All work shall be
completed in line with BS3998 (Recommendations for Tree Work) where
appropriate unless instructed otherwise by the customer.
The Company will take all reasonable steps to leave the site 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
Amendments to or cancellation of the Contract must be made in writing.
Variations may include changes to works or site conditions and will
normally result in an additional fee.
All of the Company’s work is by written quotation agreed with the
Customer. Where a written quotation has been supplied to the Customer,
the total charge to the Customer referred to in the quotation should be the
amount payable, but may be revised in the following circumstances:—
(i) if after submission of the estimate the Customer instructs the Company
(whether verbally or in writing) to carry out additional works not referred
to in the quotation.
(ii) if after submission of the quotation it is discovered that further works
need to be carried out which were not anticipated when the quotation was
prepared.
(iii) if after submission of the quotation it is discovered that there was a
manifest error when the quotation was prepared. At which time the
Customer will be contacted before works are carried out. The Company
shall not be bound by any quotations given orally or in which manifest
errors occur.
(iv) if after submission it is discovered that the site/ ground conditions are
different from at time of the original quotation.
(v) if after submission it is discovered that additional measures are
required to carry out the job safely. These may include, but are not
limited to, the use of a MEWP or traffic management.
(vi) if after submission of the quotation birds are found to be nesting in
your trees and you fail to alert the company of this fact you will be liable
for a cancellation fee which equates to our minimum charge of £245 + vat
Do I need permission? The trees within this contract specification may
be in 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. We would be happy to make an application on your
behalf but would advise that a charge may be made for this service, but
no additional charges shall be applied to this work without first seeking
your acceptance. Investigation of Private Covenants shall be the
responsibility of the Owner and no liability shall attach to The Blue Tree
Company for a breach of any such Covenant.
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 8.30/9.00 am However, in the case of smaller contracts, we are
not able to estimate an arrival time until late afternoon of the previous
day and can only then advise either am or pm arrival. We will of course
make every effort to please clients who particularly require a morning or
afternoon visit.
Disposal of waste; do you take everything away? Most customers these
days require removal of all arising waste material from site and unless
stated otherwise in the quotation, this will all be removed. Woodchips
make useful garden mulch and we are increasingly finding clients
requesting that the chips are left for their own use. Timber may also be
left for firewood, but it is not normally left in ‘manageable sizes’ unless
specified in the quotation.
Will my neighbours be affected? Sometimes it is necessary to have
access to a neighbouring property, particularly when branches overhang.
Please inform them of your intention to carry out work and the date on
which it will take place. If we cannot gain access to neighbouring
properties it may not be possible to complete the job and you may still be
invoiced for the full amount. Return visits to finish any work that could
not be completed because access was not pre-arranged will be charged
accordingly.
Nesting birds Under the Wildlife and Countryside Act All birds, their
nests and eggs are protected by law and it is thus an offence, with certain
exceptions, to:
• Intentionally kill, injure or take any wild bird.
• Intentionally take, damage or destroy the nest of any wild
bird while it is in use or being built.
The nesting bird season is officially between February and August and so
this is the time when we are most concerned about finding nesting birds.
Your surveyor will inspect the trees at the site visit stage, but you will be
required to monitor for nesting birds between this point and the day the
work is booked in. If you are certain there are nesting birds then we will
need to postpone the work. If you are unsure then a surveyor may re-visit
or an ecologist appointed to confirm. If our team is not cancelled then a
cancellation fee will apply.
Do I need to protect my walls or lawns? Whilst our staff will operate
with care and diligence often our work entails the carrying of large
amount of material over lawns and past features. Please make sure that
vulnerable surfaces (such as white walls) are adequately protected
(builder’s 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 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.
Do I need to treat 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 on
request will apply a single treatment to manufacturer’s specification.
Further treatments (if required) will attract additional cost. Alternatively,
we can provide advice on products that can be bought from garden
centres that can be used to treat stumps to prevent re-growth. No
guarantee can be given as to the efficacy of a pesticide after application,
due to conditions beyond our control.
Stump grinding: is normally carried out within a few days of the felling
rather than on the same day. We will call you to arrange a convenient
time to undertake this work. Stump grindings will be used to backfill the
resulting hole as they decompose rapidly. The chippings can be removed
from site, but this would incur an additional cost. We will grind the main
stump and any large lateral roots in the main area of the stump. We will
not chase every root back from the stump unless by prior costed
arrangement with the customer. If in the process of stump grinding, we
uncover buried asbestos waste, material suspected to be buried asbestos
waste or other hazardous material, we will cease the excavation
immediately. It may not always be possible to grind all of the stump
where access or proximity to structures does not allow. The customer
agrees to settle the invoice in full in line with our payment terms on the
basis that we shall complete the operation once a specialist contractor has
cleared the material. The customer will meet the costs of the clearance of
the hazardous material. It may not always be possible to grind all of the
stump where access or proximity to structures does not allow.
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; we 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 damage to property resulting there from, 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 us.
Do you replace trees/shrubs that die? We endeavour to obtain good
quality plants that comply to BS3936 (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.
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.
6. Permissions
Following written/verbal instructions from the client, the contractor will
check with the Local Planning Authority (LPA): a. Whether the tree(s)
are the subject of a Tree Preservation Order b. Whether 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 £45 may be incurred. Similarly, a charge may be
incurred for obtainment of a FC felling licence.
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 note, that it
is the customers responsibility to make the company aware of work they
require which is to a third party tree. If the company is not aware that a
tree belongs to a neighbour then they cannot be held responsible.
7. Invoices and Payment
Upon completion of the job an invoice will be sent out. If you are not
satisfied that the job is completed to specification then please discuss
with the team leader before they leave or with the office within 14 days.
For multi-stage projects, each stage (e.g., felling, stump grinding,
removal) may be invoiced separately, with payment due upon completion
of each stage. Invoices for each stage are due within 14 days of issuance
unless otherwise agreed in writing.
Invoices are due for payment immediately upon delivery to the Customer.
Interest is chargeable on any bill outstanding after 14 days from the day
shown on the invoice chargeable at the statutory rate (currently 8%). Any
part of that invoice which remains unpaid shall incur interest until
payment in full is received by the Company. Interest is charged on a daily
basis.
For business customers, valid purchase orders must be provided prior to
commencement. Additional post-completion admin requirements may
incur charges at £50+VAT per hour.
If the Customer is a business profession or a local authority, interest will
be charged on any outstanding invoice after 30 days of the date shown on
the invoice at the statutory rate (currently 8%) plus the reference rate (the
Bank of England base rate) pursuant to the Late Payment of Commercial
Debts (interest) Act 1998 and the Late Payment of Commercial Debts
Regulations 2002. Interest is charged on a daily basis.
The Company reserves the right to delay work in cases of adverse
weather conditions that may impact safety or the quality of the work. The
Customer will be notified as soon as possible, and a new date will be
agreed upon. The Company shall not be held liable for any inconvenience
caused by such delays.
8. Fixed Dates/Times
Where the date and/or time for works to be carried out is agreed by the Company with the Customer, then the Company shall use its best endeavours to ensure that the operative shall attend on the date and at the time agreed. However, the Company accepts no liability in respect of the non attendance or late attendance on site of the operative or for the late or non delivery of materials.
9. Customer Liability
The Customer shall accept sole liability to discharge the Company’s
account unless s/he discloses to the Company when initially instructing
them to carry out work and/or supply materials that s/he is acting on
behalf of a third party including, [but not limited to], a Limited Company
or partnership and is in receipt of a written quotation clearly showing the
name of the third party on whose behalf the work is being undertaken.
10. Cancellation
If the Customer cancels their instructions prior to any work being carried
out or materials supplied then the Customer shall be liable for any related
expenditure together with an administration fee of £50.00 plus VAT. If
we are asked not to carry out items that were accepted on a quote on the
day of works then these may still be charged for.
If the Customer cancels on the day of work then the full quote cost must
be paid in full by the customer.
The Blue Tree Company reserves the right to cancel the contract at any
time and for any reason and shall not be liable for any penalties or costs.
Reasons for cancellation may be diary error, IT error, client error, third
party error, changes in circumstances, misunderstanding, unreasonable,
protests or antisocial behaviour of the customer.
11. Notification for Remedial Works
If the Company shall have carried out the works and the Customer is not
wholly satisfied with the works then the Customer shall give notice in
writing within 14 days to the Company and shall afford the Company and
its insurers the opportunity of inspecting such works and carrying out any
necessary remedial works if appropriate. The Customer accepts that if
s/he fails to notify the Company within 14 days from the date the work
was carried out the Company shall not be liable in respect of any defects
in the works carried out.
Please be reassured that as a TrustMark registered company we offer an
alternative dispute resolution (ADR) service to our customers.
www.trustmark.org.uk/if-things-go-wrong/
12. Company Liability
The Company will accept no liability for, or guarantee suitability;
materials supplied by the Customer and will accept no liability for any
consequential damage or fault to property.
The Company will not guarantee any work undertaken on instruction
from the Customer and against the written or verbal advice of the
operative.
The Company shall not be held liable or responsible for any damage or
defect resulting from work not fully insured or where recommended work
has not been carried out.
The Company is responsible solely for damage that is the direct and
demonstrable result of a shortcoming for which the Company can be held
accountable.
The Company does not accept liability for any damages to underground
services that were not advised of by the Customer prior to
commencement of the works.
The Customer is responsible for informing neighbours in the event where works need to be carried out on their tree and which necessitates access to their property.
The Customer is responsible for providing sufficient access for works to be carried out including provision for operatives’ vehicles and leaving obstacle free route to trees where possible.
The Customer is bound to indemnify the Company from any claims from third parties arising after completion of the works.
The contractor has £10 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 & 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
If the works spread over multiple days, the site will be left appropriately and safe and as agreed with the client beforehand
13. Terms and Conditions Prevail
These Terms and Conditions may not be released, discharges,
supplemented, interpreted, varied or modified in any manner except by in
writing signed by a duly authorised representative of the Company and by
the Customer. Further, these Terms and Conditions shall prevail over any
Terms and Conditions used by the Customer or contained or set out or
referred to in any documentation sent by the Customer to the Company.
By entering into a contact with the Company the Customer agrees
irrevocably to waive the application of any such Terms & Conditions.
14. Retention
Title to any goods, supplied by the Company to the Customer, or hired
goods and/or tools left at the site of the works shall not pass to the
Customer but shall be retained by the Company. If the provision of
goods is part of the contract with the intention that such goods shall pass
the Customer then title to goods supplied by the Company shall not pass
until the Customer has made payment in full for such goods to the
Company.
Until such time as title in the such goods has passed to the Customer:
(i) the Company shall have absolute authority to
repossess, sell or otherwise deal with or dispose of all
any or part of such goods in which title remains vested
in the Company
(ii) for the purpose specified in (i) above, the Company or
any of its agents of authorized representatives shall be
entitled at any time and without notice to enter the
premises in which goods or any part thereof is
installed, stored or kept, or is reasonably believed so
to be
(iii) the Company shall be entitled to seek a court
injunction to prevent the Customer from selling,
transferring or otherwise disposing of such goods.
15. Risk
Notwithstanding the above risk in goods shall pass on delivery of the
same to the Customer and until such time as title in such goods has
passed to the Customer, the Customer shall insure such goods to their
replacement value and the Customer shall upon request, provide the
company with a certificate or other evidence of such Insurance.
17. Liability Limitation
The Company shall only be liable for rectifying works completed by the
Company and shall not be held responsible for ensuing damage or claims
resulting from this or other work overlooked or subsequently requested
and not undertaken at that time.
18. Waiver
If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.
19. Governing Law and Jurisdiction
These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the non-exclusive jurisdiction of the English courts, as do we.
20. Customer Information and Data Protection: Please be reassured that we only use your personal information for the purposes of completing your tree work. Our IT systems are secure, and we don’t share your details with anyone unnecessarily. We would share your details with the Local Authority if we need to make an application for permission to undertake the work and whilst it is unlikely, in certain circumstances work might need a licence from the Forestry Commission. Please refer to our customer privacy notice for full details which can be provided on request.
Thank you for taking the time to study our Terms and Conditions.
Should you have any further enquiries please contact us.
21. Access and Abortive Fees
The Customer is responsible for providing the Company with sufficient
and timely access to the property in order to carry out the agreed works
on the specified day and time. This includes, but is not limited to,
ensuring:
(i) full access to the site for all required vehicles, equipment, and
personnel;
(ii) the removal of any obstacles or restrictions that may impede the
Company’s ability to perform the works; and
(iii) compliance with any specific requests communicated by the
Company necessary for the safe and efficient completion of the works.
If the Company is unable to gain full access to the property or if any required conditions are not met, the Company reserves the right to levy an abortive fee. This fee may be up to the full value of the job, at the Company’s discretion, to cover any costs incurred, including but not limited to, labour, transport, and materials.
16. Delay
The Company shall not be liable for any delay or for the consequences of
any delay in performing any of its obligations if such delay is due to any
cause whatsoever beyond its reasonable control and the Company shall be
entitled to a reasonable extension of the time for performing such
obligations.
17. Liability Limitation
The Company shall only be liable for rectifying works completed by the
Company and shall not be held responsible for ensuing damage or claims
resulting from this or other work overlooked or subsequently requested
and not undertaken at that time.
18. Waiver
If you breach these Terms and Conditions and we take no action we will
still be entitled to use our rights and remedies in other situations where
you are in breach.
19. Governing Law and Jurisdiction
These Terms and Conditions are governed by and construed in
accordance with the laws of England and Wales. You agree to submit to
the non-exclusive jurisdiction of the English courts, as do we.
20. Customer Information and Data Protection: Please be reassured
that we only use your personal information for the purposes of
completing your tree work. Our IT systems are secure, and we don’t share
your details with anyone unnecessarily. We would share your details with
the Local Authority if we need to make an application for permission to
undertake the work and whilst it is unlikely, in certain circumstances
work might need a licence from the Forestry Commission. Please refer to
our customer privacy notice for full details which can be provided on
request.
Thank you for taking the time to study our Terms and Conditions.
Should you have any further enquiries please contact us.
21. Access and Abortive Fees
The Customer is responsible for providing the Company with sufficient
and timely access to the property in order to carry out the agreed works
on the specified day and time. This includes, but is not limited to,
ensuring:
(i) full access to the site for all required vehicles, equipment, and
personnel;
(ii) the removal of any obstacles or restrictions that may impede the
Company’s ability to perform the works; and
(iii) compliance with any specific requests communicated by the
Company necessary for the safe and efficient completion of the works.
If the Company is unable to gain full access to the property or if any
required conditions are not met, the Company reserves the right to levy
an abortive fee. This fee may be up to the full value of the job, at the
Company’s discretion, to cover any costs incurred, including but not
limited to, labour, transport, and materials.
22. Health & Safety Responsibilities
The Customer is responsible for maintaining a safe environment for the
Company’s employees and representatives during the execution of the
works. This includes, but is not limited to:
(i) ensuring that the site is free of any hazards that may pose a risk to the
health and safety of the Company’s employees and representatives,
including but not limited to ensuring that any dog waste (dog poo) is
cleared from the site prior to commencement of work;
(ii) providing clear access to the worksite and any necessary facilities
(e.g., sanitation, water, power) as may be required; and
(iii) notifying the Company in advance of any known health and safety
risks or site-specific hazards.
The Company shall follow best practices in arboriculture and comply
with all relevant health and safety regulations, including conducting site-
specific risk assessments before commencing work.
23. Force Majeure
The Company shall not be liable for any delay or failure in carrying out
its obligations if the delay or failure results from events or circumstances
beyond its reasonable control. Such events may include (but are not
limited to) extreme weather conditions, acts of God, strikes, accidents,
governmental restrictions, pandemics, or other unforeseen events.
In the event of a force majeure situation, the Company shall notify the
Customer as soon as reasonably practicable and shall use its best efforts
to resume performance as soon as the conditions allow.
