1DEVON WOODMAN LTD
GENERAL TERMS & CONDITIONS FOR TREE SERVICES
These Terms and Conditions apply to tree surgery, arboricultural and associated services undertaken by Devon Woodman Ltd (“the Company”, “we”, “us”) for the person or organisation instructing the work (“the Client”). By accepting our quotation or instructing us to proceed, the Client agrees to these Terms and Conditions.
1. QUOTATIONS & ACCEPTANCE
1.1 Quotations are valid for 30 days from the date of issue unless otherwise stated.
1.2 Quotations are based upon the conditions and information reasonably apparent at the time of our site visit or assessment.
1.3 Unless specifically stated otherwise, quotations assume reasonable site access, normal working conditions and that trees, structures, ground conditions and surrounding areas do not contain hidden hazards or defects.
1.4 Acceptance of a quotation by email, electronic acceptance, message or other written confirmation constitutes acceptance of the quotation and these Terms and Conditions.
1.5 All prices are exclusive of VAT unless expressly stated otherwise. VAT will be added at the applicable rate.
2. SCOPE OF WORK
2.1 The work to be undertaken will be as described in the accepted quotation.
2.2 Any work requested by the Client that is outside the agreed scope may be treated as additional work and charged accordingly.
2.3 Where additional work is requested while our team is already on site, this may be agreed verbally with the Client or their authorised representative. Where practicable, additional costs will be confirmed before the additional work is undertaken.
2.4 We reserve the right to alter the method by which work is carried out where reasonably necessary for safety, access, efficiency, tree condition, weather, ground conditions or other practical considerations, provided this does not materially change the agreed result.
3. TREE WORK SPECIFICATIONS
3.1 Tree dimensions, measurements and percentages stated within quotations are approximate unless expressly stated otherwise.
3.2 Tree pruning is a skilled operation involving professional judgement. The final pruning points and amount of material removed may vary where necessary to maintain appropriate growth points, tree health, structural integrity or safety.
3.3 Where a crown reduction is specified, measurements generally refer to the approximate reduction in the overall height and/or spread of the crown and should not be interpreted as the length to be removed from every individual branch.
3.4 Unless specifically included within the quotation, felling or dismantling a tree means removing the tree to as close to ground level as reasonably practicable. It does not include removal or grinding of the stump or roots.
4. TREE PRESERVATION ORDERS, CONSERVATION AREAS & OTHER CONSENTS
4.1 Work to trees may be subject to Tree Preservation Orders (TPOs), Conservation Area controls, planning conditions, felling licence requirements or other statutory restrictions.
4.2 The Client must inform us of any restrictions, permissions or conditions of which they are aware.
4.3 Unless our quotation specifically states that Devon Woodman Ltd will undertake the relevant checks or application as the Client’s agent, responsibility for obtaining the necessary consent remains with the Client.
4.4 Where we agree to make an application or notification on the Client’s behalf, commencement of work will be subject to the necessary consent, notification period and any conditions imposed by the relevant authority.
4.5 Any work subject to statutory consent will only be undertaken in accordance with that consent unless a lawful exemption applies.
4.6 We accept no responsibility for delays resulting from applications, notifications or decisions by local authorities or other regulatory bodies.
4.7 Even where Devon Woodman Ltd undertakes checks, applications or notifications on the Client’s behalf, the Client remains responsible for providing accurate and complete information regarding the property, tree ownership, boundaries and any permissions, restrictions or conditions known to them.
5. OWNERSHIP OF TREES & NEIGHBOURING PROPERTY
5.1 By instructing us, the Client confirms that they own the trees concerned or have the authority of the owner to instruct the work.
5.2 The Client is responsible for resolving ownership, boundary or neighbour disputes before work commences.
5.3 Where access to neighbouring property is required, the Client is responsible for obtaining the property owner’s permission unless otherwise agreed.
5.4 The Client must inform neighbours where the proposed work may reasonably affect access to their property or require their cooperation.
5.5 Devon Woodman Ltd will not act as mediator in ownership or boundary disputes unless separately agreed.
6. SITE ACCESS
6.1 The Client must provide safe and reasonable access to the work area for our personnel, vehicles, machinery and equipment.
6.2 The Client must inform us before work commences of access restrictions including weight restrictions, weak driveways, septic tanks, underground structures, narrow entrances, restricted parking or other relevant conditions.
6.3 Our quotation may be revised if access available on the day is materially different from that reasonably anticipated when the quotation was prepared.
6.4 Additional time, labour or equipment required because of undisclosed or unexpected access restrictions may be charged additionally.
7. WORK AREA & CLIENT’S PROPERTY
7.1 The Client must remove vehicles, garden furniture, ornaments, pots, play equipment and other movable property from the work area before our arrival.
7.2 Where items have not been removed, we may ask the Client to move them, move them with reasonable care where practicable, or postpone the relevant work.
7.3 Additional time spent clearing or moving items may be chargeable.
7.4 We will take reasonable care to protect the Client’s property. However, tree work necessarily involves falling and moving branches, timber, machinery and personnel through outdoor areas.
8. LAWNS, GARDENS, DRIVEWAYS & SURFACES
8.1 Tree work can cause temporary or minor disturbance to lawns, soil, planting areas, gravel and other outdoor surfaces.
8.2 The Client accepts that reasonable wear, rutting, indentation, compaction, scuffing or similar disturbance may occur where access with machinery, movement of timber or dragging of branches is reasonably necessary to undertake the work.
8.3 We will take reasonable precautions appropriate to the site and conditions.
8.4 The Client must notify us before work begins of particularly vulnerable surfaces, underground structures, irrigation systems or areas requiring special protection.
8.5 Where additional protection, specialist access equipment or alternative working methods are requested, additional costs may apply.
9. UNDERGROUND & OVERHEAD SERVICES
9.1 The Client must inform us of all known underground and overhead services and other hidden infrastructure within or adjacent to the work area. This includes, but is not limited to, electricity cables, gas pipes, water supplies, drainage, telecommunications, irrigation systems, septic tanks and private services.
9.2 We will take reasonable precautions where the presence and location of services are known.
9.3 We will not be responsible for damage to services or infrastructure whose presence or location could not reasonably have been identified before work commenced, except where caused by our negligence.
9.4 Stump grinding and excavation are particularly dependent upon accurate information regarding underground services. We may refuse or suspend such work where the location of services cannot be established with reasonable confidence.
10. STUMP GRINDING
10.1 Stump grinding is only included where expressly stated in the quotation.
10.2 Unless otherwise stated, stump grinding means mechanically reducing the visible stump and accessible major surface roots within the specified area to a reasonable depth below surrounding ground level.
10.3 Stump grinding does not guarantee the removal of the entire root system.
10.4 The Client must identify underground services, cables, pipes, irrigation systems and other hidden obstructions before stump grinding commences.
10.5 Stump grindings and resulting soil will remain on site unless removal is expressly included in the quotation.
11. HIDDEN DEFECTS, DECAY & DANGEROUS TREES
11.1 Trees may contain hidden defects that cannot reasonably be identified during a visual inspection, including internal decay, cavities, cracks, weak unions, compromised roots, historic damage or structural weakness.
11.2 Such defects may only become apparent after work has commenced.
11.3 Where unforeseen defects materially increase the risk, complexity, time or equipment required, we may suspend work and discuss an appropriate revised method and any additional cost with the Client.
11.4 We reserve the right to stop work where continuing would, in our reasonable professional judgement, expose our employees, the public or property to unacceptable risk.
12. ASH DIEBACK & OTHER COMPROMISED TREES
12.1 Trees affected by ash dieback, extensive decay, storm damage, fire damage or other structural deterioration may be substantially more hazardous to climb or dismantle than can be established from ground-level inspection.
12.2 Where the condition of a tree is found to be materially worse than reasonably anticipated, alternative equipment or working methods may be necessary.
12.3 Any significant change to the work method or price will be discussed with the Client before additional chargeable work is undertaken wherever reasonably practicable.
13. ARISINGS, TIMBER & WASTE
13.1 Unless otherwise stated in the quotation, branches, leaves and other arisings produced by our work will be removed from site.
13.2 Timber, logs, woodchip or other arisings may be left on site where this is stated in the quotation or agreed with the Client.
13.3 Where timber is to be left, it will normally be left in manageable lengths or the form described in the quotation. Cutting and splitting timber into firewood-sized logs is not included unless specifically stated.
13.4 Stump grindings and associated soil are excluded from normal waste removal unless expressly included.
13.5 Additional removal or processing requested after quotation may incur additional charges.
14. WILDLIFE & ENVIRONMENTAL PROTECTION
14.1 All work is subject to applicable wildlife and environmental legislation.
14.2 If active bird nests, bats, protected species or other legally protected wildlife constraints are discovered before or during work, we may suspend, alter or postpone the affected work.
14.3 Work will not proceed where we reasonably believe doing so would breach applicable wildlife legislation.
14.4 Delays or additional work resulting from previously unidentified wildlife constraints are outside our reasonable control and may result in additional costs where specialist advice, surveys or repeat visits are required.
15. WEATHER & WORKING CONDITIONS
15.1 Tree surgery is weather dependent. High winds, storms, lightning, extreme temperatures, saturated ground or other adverse conditions may make work unsafe or cause unacceptable damage to the site.
15.2 We reserve the right to postpone or suspend work where conditions are unsuitable.
15.3 We will endeavour to reschedule affected work as soon as reasonably practicable.
15.4 Devon Woodman Ltd is not responsible for consequential losses arising from reasonable weather-related postponement.
16. HEALTH & SAFETY
16.1 Devon Woodman Ltd will undertake work in accordance with applicable health and safety legislation and appropriate arboricultural working practices.
16.2 The Client, occupants, children, pets and other persons must remain outside designated work and exclusion zones while operations are taking place.
16.3 Our staff may suspend operations if members of the public, clients, pets or other persons repeatedly enter an exclusion zone or otherwise create an unsafe working environment.
17. COMPLETION & SITE CLEARANCE
17.1 On completion, the work area will be left reasonably clean and tidy having regard to the nature of tree surgery operations.
17.2 Tree surgery is outdoor work and does not include restoration of lawns, planting beds or landscaping unless expressly included within the quotation.
17.3 Minor sawdust, leaves, twigs and similar organic material may remain following normal site clearance.
18. PAYMENT
18.1 Unless otherwise stated in the quotation, payment is due within 7 days of the invoice date.
18.2 Payment should be made using one of the payment methods stated on the invoice.
18.3 Devon Woodman Ltd reserves the right to request a deposit or staged payments for larger works, specialist equipment hire or other circumstances where appropriate.
18.4 For commercial Clients, overdue invoices may be subject to statutory interest and recovery charges where applicable under the Late Payment of Commercial Debts (Interest) Act 1998.
18.5 Consumer Clients remain responsible for paying invoices by the agreed due date. Any action taken to recover overdue consumer debts will be subject to applicable consumer law.
19. CANCELLATION & CONSUMER RIGHTS
19.1 Nothing in these Terms and Conditions affects a Client’s statutory rights.
19.2 Consumers entering into qualifying distance or off-premises contracts may have a statutory 14-day cancellation period in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
19.3 Where the Client asks us to commence Services during a statutory cancellation period, we may require the Client’s express request and acknowledgement before commencing.
19.4 If the Client subsequently cancels after requesting work to commence during the cancellation period, the Client may be required to pay a proportionate amount for Services properly supplied up to cancellation, where permitted by law.
19.5 Where no statutory cancellation right applies, or after any applicable statutory cancellation period has expired, cancellations made within 72 hours of the agreed commencement date may incur a reasonable charge reflecting costs and losses actually incurred, including specifically hired equipment or other non-recoverable expenses.
19.6 We reserve the right to postpone or cancel work due to unsafe conditions, staff illness, equipment failure, adverse weather or other circumstances beyond our reasonable control.
20. CHANGES REQUESTED ON SITE
20.1 If the Client changes the specification after our team has arrived or after work has commenced, any additional labour, machinery, materials, disposal or time required may be charged in addition to the original quotation.
20.2 If a requested change reduces the amount of work, this does not automatically result in a corresponding reduction in price where labour, machinery, travel, disposal arrangements or other resources have already been committed.
21. WORK STOPPAGE, DELAYS & ABORTED WORK
21.1 Where work is delayed, interrupted, suspended or stopped after Devon Woodman Ltd has attended site or commenced work due to circumstances outside the reasonable control of Devon Woodman Ltd, the Client will remain responsible for the reasonable labour and other costs incurred as a result.
21.2 This includes, but is not limited to, work being delayed or stopped as a result of: an instruction or request from the Client, property owner or their representative; the Client changing their instructions or withdrawing permission for the work; intervention, obstruction or complaint by a neighbour, member of the public or other third party; intervention or instruction by a Local Authority Tree Officer, Planning Officer or other authorised person; the Client having failed to obtain a permission, consent or agreement which they were responsible for obtaining; disputes concerning tree ownership, boundaries, access or neighbouring property; vehicles, property, animals or persons preventing safe access to or operation within the work area; previously undisclosed site conditions, restrictions or hazards which prevent the work from safely continuing; or any other circumstance attributable to the Client or a third party and which is not caused by an act, omission or negligence of Devon Woodman Ltd.
21.3 In these circumstances, the Client will be liable for the reasonable cost of labour and resources committed to the work up to the point at which operations are stopped, together with reasonable additional costs directly incurred as a result of the stoppage. These may include travel, machinery, hired plant, traffic management, waste arrangements, permits and other committed or non-recoverable costs.
21.4 Where employees, vehicles, machinery or hired equipment are required to remain on site while an issue is being resolved, reasonable waiting time may also be chargeable.
21.5 If Devon Woodman Ltd is required to leave site and return on another date, any additional mobilisation, travel, labour, machinery or equipment costs reasonably incurred in completing the work may be charged in addition to the original quotation.
21.6 Where the circumstances causing the stoppage are resolved and it is safe and lawful to do so, Devon Woodman Ltd will use reasonable endeavours to recommence and complete the work.
21.7 No charge will be made under this clause to the extent that the delay, suspension or stoppage was caused by the negligence or breach of contract of Devon Woodman Ltd.
21.8 Nothing in this clause affects the Client’s statutory rights.
22. COMPLAINTS
22.1 Any concern regarding our work should be brought to our attention as soon as reasonably practicable so that we have an opportunity to inspect and, where appropriate, rectify the matter.
22.2 Complaints should preferably be made in writing and include sufficient information for us to investigate.
22.3 Nothing within this clause limits the Client’s statutory rights.
23. LIABILITY
23.1 Devon Woodman Ltd will exercise reasonable care and skill in carrying out the Services.
23.2 Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence.
23.3 Subject to applicable law, we will not be responsible for losses caused by circumstances outside our reasonable control or by inaccurate, incomplete or withheld information supplied by the Client.
23.4 We will not be responsible for pre-existing defects, hidden structural defects in trees, structures or surfaces, or damage arising from hazards that could not reasonably have been identified before work commenced, except to the extent caused by our negligence.
23.5 The Client must notify us before work commences of any known particularly vulnerable property, structures, surfaces or other areas requiring special precautions.
24. INSURANCE
24.1 Devon Woodman Ltd maintains appropriate Public Liability and Employer’s Liability insurance for its operations.
24.2 Evidence of current insurance cover can be supplied upon reasonable request.
25. FORCE MAJEURE
25.1 We will not be liable for delay or failure to perform our obligations where caused by circumstances beyond our reasonable control, including severe weather, natural events, road closures, utility incidents, government restrictions or other exceptional events.
26. GOVERNING LAW
26.1 These Terms and Conditions and any contract between Devon Woodman Ltd and the Client are governed by the laws of England and Wales.
26.2 Nothing in these Terms affects any mandatory rights a consumer may have regarding the courts in which proceedings may be brought.
27. ENTIRE AGREEMENT
27.1 The accepted quotation together with these Terms and Conditions forms the agreement between Devon Woodman Ltd and the Client.
27.2 Any agreed variation to the scope of work may be confirmed in writing, electronically or, for changes agreed while work is underway, verbally with the Client or their authorised representative.
28. ACCEPTANCE
28.1 By accepting a Devon Woodman Ltd quotation or instructing Devon Woodman Ltd to commence work, the Client confirms that they have read and accepted these Terms and Conditions.
DEVON WOODMAN LTD
Company No. 16006675 | VAT Registration No. 483754651