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.
- 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.
- 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.
- 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.
- 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. 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 6 months from their date of issue, after which time the Company is entitled to draw up a new quotation/amend costs.
Quotations for felling are based upon the assumption of trees being free from metal, stone, or other hidden obstructions. In the event of a tree being impossible to fell in the normal way, we reserve the right to re-quote accordingly.
- 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 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
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.
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 be 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 are 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.
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.
- 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.
- 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.
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.
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.
- 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.
- 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.
- 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 or antisocial behaviour of the customer.
- 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/
- 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
- 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.
- 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:
- 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
- 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
- the Company shall be entitled to seek a court injunction to prevent the Customer from selling, transferring or otherwise disposing of such goods.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
