Terms & Conditions
Nichols and Sons – the person or business undertaking the works & The Client. The person or business instructing the works (and in so doing, and accepting the quote, accepts the following terms and conditions.).
Terms and Conditions for services should be read carefully.
1. All accepted works subsequently cancelled are subject to a £65.00 cancellation fee when cancelled less than 24 hours prior to the agreed date
2. This quotation/estimate is valid for 60 days from the date of the estimate. After this we reserve the right to withdraw and re-price work, unless otherwise agreed in writing on acceptance of instructions from the client.
3. All works will be in accordance with the current British Standard 3998 ‘Tree Work Recommendations’ where possible unless specified otherwise.
Sizes stated 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:
- Amendments to works required prior to arriving on site
- Changes in site / ground conditions since the original visit
- Additional works requested / needed whilst on site the quotation may be revised accordingly. Either electronically in advance or verbally on the day of work, with agreed changes agreed by the client.
5. Stump-grinding will be to a depth of 6-8inches below the immediately adjacent ground level unless this is not possible due to concrete, metal or underground services in such case this will be discussed with the client.
This 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.
Unless a plan showing the exact location of underground pipes, wires or cables has been forwarded to us by the client of the land (or his agent) prior to starting work, the Contractor shall be under no liability for the damage caused as a result of work performed to such pipes, wires or cables, or for any damage to property resulting there from, and the client 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 to be the responsibility of the client, unless otherwise agreed in writing with Nichols and Sons.
6. All arising’s will be removed from site unless otherwise agreed.
7. Payment must be made within 14 days from receipt of invoice unless otherwise agreed in with by Nichols and Sons.
Complaints arising from the work completed must be immediately notified to Nichols and Sons in writing within 48 hours of Nichols and Sons leaving site or the discrepancy / complaint shall be deemed void.
8. Following written/verbal instructions from the client, Nichols and Sons 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.
If required Nichols and Sons will complete all necessary planning applications. It is the clients responsibilty to check whether the trees are covered by any Covenants.
9. Where works are proposed to third party trees, i.e. ‘neighbours trees’, the contractor will need written confirmation from the tree owner. (‘The neighbours’) that the works are agreed and where necessary, that access is allowed. If works only apply to overhanging branches that can be pruned from within the client’s property then permission is not needed. But the neighbour should be advised where practicable
10. 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 & Safety Policy and Procedures. Contractor will 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 areas of the garden whilst work is being undertaken.)
11. We aim to leave the site clean and tidy but due to the nature of our work including the production of wood dust, chainsaw / wood chippings / twigs / leaves and needles etc it may be difficult to leave the site completely free from any of the above.
Some denting to lawn areas or a general disturbance to the garden may result. It is the client's liability to make good after the works have been completed especially where felling large timber is concerned unless agreed in writing with Nichols and Sons 48 hours prior to the works commencing.
Please be advised this is a realistic result of tree works but care and attention will be applied by Nichols and Sons to minimise disturbance.
12. If the works spread over multiple days, the site will be left appropriately and safe. As agreed with the client beforehand.
13. We will not be liable in damages or otherwise because of non-performance of the contract arising on account of adverse weather conditions, strikes, lockouts, war and civil commotion, or lack of adequately skilled labour due to causes beyond our control. We retain the right in such circumstances to cancel the contract in whole or in part. Completion dates shall be contingent upon weather conditions.
14. Nichols and Sons 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 needs 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 bats.