Terms and Conditions
of Service for Stump and Tree Work Contracting for Wainwright Tree Stump Removal Limited
The Contractor – the person or business undertaking the works & 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 “Cooling off period” – the client has a min. 14 days to cancel the contract (in writing) from acceptance date. In the event of cancelation at short notice costs may be proportionally incurred by the client. The client may waiver this standstill period where the need or desire to do so is evident.
2) This quotation/estimate is valid 90 days and takes into account any ‘value’, monetary or otherwise, the arisings may have unless stated otherwise.
3) On receipt of the client’s acceptance a timescale will be agreed for the execution of the works (this may be altered where such factors impact on the timescale, examples of such factors include adverse weather or factors beyond Wainwright Tree Stump Removal Limited control.)
4) 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/grinding depth.
5) In the event of a variation to the quotation as a result of:
a. Amendments to works required prior to arriving on site, or b. Changes in site / ground conditions since the original visit, or c. 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.
6) Stump-grinding will be to a depth of a maximum of 600mm 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 Wainwright Tree Stump Removal Limited of any underground services in the vicinity of the stump prior to starting the job. Stump grindings will be left on site unless otherwise requested.
7) All arisings (except stump grindings), including twigs / branches / wood-chips / logs / trunks etc will be removed from site and become the property of the contractor unless specifically stated otherwise in the quotation.
8) 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 £25 may be incurred. Similarly a charge may be incurred for obtainment of a FC felling licence.
The client is to ensure that they make known and provide such utility plans or drawing to the company of any subterranean ordered overhead cables to allow safe execution of the required works.
9) 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.)
10) The contractor has £5, million Public Liability Insurance and a copy of the certificate is available on request and can be viewed on our website. 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.)
11) To ensure that the Wainwright Tree Stump Removal Limited does not cause unreasonable disturbance or damage they may require the client to move such items as is practical away from the works zone(s).
Immovable structures such as garden structures or heavy furniture will be identified to Wainwright Tree Stump Removal Limited , that damage may be averted.
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-chips / twigs / leaves and needles etc. and the traversing of site personnel it will not be as it was prior to commencement of works.
12) If the works spread over multiple days, the site will be left appropriately and safe and as agreed with the client beforehand
13) On completion of the works, an invoice will be raised for the due amount,+ vat charged at the relevant amount, and payment is required within 14. Wainwright Tree Stump Removal Limited reserves the right to charge interest on accounts overdue beyond this @ 5% of net per week.
Unsatisfactory completed jobs MUST be immediately notified, in writing and/or by email, to the contractor or within a minimum period of 48 hours.
Complaints Where we cannot resolve any complaints using our own complaints procedure, as a Which? Trusted trader we use Ombudsman Services Ltd for dispute resolution. In the unlikely event of a complaint arising and you wish to refer the complaint to them please contact Which? Trusted traders in the first instance on 0117 981 2929.
14) Wainwright Tree Stump Removal Limited will undertake the works as scheduled but reserves the right to suspended or cancel the work as a result of dangerous circumstances such as the discovery of asbestos, metal running through the tree or any other unforeseen circumstances that could put the contractor or public in danger
Wainwright Tree Stump Removal Limited is aware of a number of factors that may result in the works being 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.