Terms and Conditions of Service for

Tree Work Contracting

(Lothian Tree Specialists)

“The Contractor” – the person or business undertaking the works (LTS Lothian Tree Specialists) &

“The Client” – the person or business authorising the works

(and in so doing, accepting the quote (verbally, by What’s App or by email or text), agrees to / accepts the following terms and conditions.) 

1) ‘Notice of the Right to Cancel’ – the client has a maximum of 14 days to cancel the contract (in writing/email or Text message) from acceptance date otherwise a fee of 30% of the total works value will be charged. If cancelled within 24 hours of the work scheduled to start a charge of 75% of the total works value will be made.

2) The quotation/estimate is valid for 90 days (pre VAT value) and takes into account any ‘value’, monetary or otherwise, the arisings may have unless stated otherwise.

3) 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.

4) In the event of a variation to the quotation as a result of:

a) Amendments to works required prior to arriving on site, or Changes in site / ground conditions since the original visit.

b) Additional works requested / required whilst on site the quotation will be revised accordingly, either electronically in advance or in a hand written on the day of work, with agreed amendments signed by the contractor and the client.

5) Stump-grinding will be to a depth approx 12″/300mm unless otherwise specified 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 is not liable for any damage caused by the works to any services that has not been disclosed by the client before commencement of works.

6)  The contractor has the right to delay/postpone works due to dangerous conditions or inclement weather and resume works as soon as conditions improve.

7) All arisings (inc. twigs / branches / woodchips / 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 7 days for domestic clients and 30 days for commercial clients. (unsatisfactory work or materials MUST be immediately notified, in writing / by email, to the contractor or within a maximum period of 48hrs for labour and 30 days for any materials supplied, trees and shrubs supplied and planted by the contractor are the responsibility of the client once planted and no liability will be passed to the contractor for the ongoing health or wellbeing or trees and shrubs.

9) Payment is accepted via Cash on completion (on the day) by BACS (all details are on the invoice provided) or by Cheque.

10) Following written 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.

11) 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.

12) The client is responsible for informing the contractor of any site limitations such as power cables, underground utilities or changes in site before work commences, any loss or damage to property due to the contractor not being informed will not be the fault of the contractor.

13) The contractor has £5 Million Public Liability and 10 Million Employer Liability Insurance and a copy of the certificate is available upon 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, i.e. the client can’t access their shed without prior agreement from ground staff.)

14) The contractor will only carry out works in accordance to latest HSE guidelines and only use current methods and appropriate tools and machinery suitable for the task.

15) 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, but will be left as clean and tidy as practically possible.

16) IF the works spread over multiple days, the site will be left appropriately and safe and as agreed with the client beforehand

17) 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 1981

2.     Countryside and Rights of Way Act 2000

3.     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.

18). Any site alterations made after our initial inspection date that may affect operational logistics, such as New structures, Garden ornaments, animal/dog facies or access may in turn affect this quotation. It is the responsibility of the client to inform us before work commences of any site alterations that may affect operational logistics that may add to the cost. Should any LTS Tree Services employees be required to work around or remove any dog/animal faeces to allow the work to commences a charge of £75.00+VAT per person on site will be added to the final invoice to allow for cleaning of uniforms, tools and vehicles.