1. General Terms
1.1 These Terms and Conditions govern the tree work services (“Services”) provided by Devon Woodman Ltd (“the Company”) to the Client.
1.2 By accepting a quote or entering into a contract with the Company, the Client agrees to these Terms and Conditions.
2. Quotations and Pricing
2.1 All quotations are valid for 30 days from the date of issue unless otherwise stated.
2.2 Quotations are based on the information provided by the Client. Any changes to the scope of work may result in additional charges.
2.3 All prices are exclusive of VAT unless otherwise stated. VAT will be applied at the prevailing rate in compliance with HMRC regulations.
2.4 A written or electronic acceptance of the quotation is required before work commences.
3. Payment Terms
3.1 Payment is to be made via bank transfer, cheque or cash on completion of works within 7 days of the invoice date.
3.2 Late payments will incur interest as per the Late Payment of Commercial Debts (Interest) Act 1998, calculated at 8% above the Bank of England base rate.
4. Scope of Work
4.1 The Company will perform Services as outlined in the agreed quotation or contract.
4.2 Any additional work requested by the Client that is outside the original scope will be subject to a separate quotation and additional charges.
4.3 The Company reserves the right to alter the method of work if necessary for health, safety, or practical reasons.
5. Tree Preservation Orders and Conservation Areas
5.1 The Client is responsible for ensuring that any trees covered by a Tree Preservation Order (TPO) or located in a Conservation Area have the necessary permissions from the local planning authority before work begins.
5.2 If requested, the Company can assist in applying for TPO or Conservation Area permissions on behalf of the Client, but this may incur additional charges.
5.3 The Company is not liable for delays caused by awaiting approval from the local authority.
6. Health and Safety
6.1 The Company will comply with all relevant health and safety legislation, including the Health and Safety at Work Act 1974.
6.2 The Client is responsible for ensuring safe access to the site for the Company’s team and equipment.
6.3 Work may be postponed if weather conditions, site hazards, or other factors pose a risk to health and safety.
7. Site Access and Preparation
7.1 The Client must ensure clear access to the site for the duration of the project. If access is restricted, additional charges may apply.
7.2 The Company is not responsible for delays caused by obstructions or lack of access.
7.3 Any permissions required for access through neighbouring properties are the responsibility of the Client.
8. Informing Neighbours
8.1 The Client is responsible for informing their neighbours of any planned work that may affect them, such as overhanging branches being removed, noise, or potential access issues.
8.2 The Company will not mediate or take responsibility for disputes arising between the Client and their neighbours.
8.3 If the work requires access to neighbouring property or impacts shared boundaries, the Client must obtain prior written consent from the neighbour before work commences.
9. Drop Zone and Site Clearance
9.1 The Client is responsible for moving or securing all items (e.g., vehicles, furniture, garden ornaments, or other possessions) from the drop zone or work area prior to the commencement of work.
9.2 The Company will not be held liable for damage to items left within the drop zone or immediate work area unless specifically agreed in writing before work begins.
9.3 If items are not removed by the Client and must be moved by the Company to proceed with the work, additional charges may apply, and the Company accepts no responsibility for damage during such movement.
10. Dragging Branches and Oil Spillage
10.1 The process of dragging branches and moving heavy equipment may cause minor surface damage to lawns, flowerbeds, gravel, or pathways. While every care will be taken, the Company is not liable for such damage unless negligence is proven.
10.2 The use of chainsaws and machinery may result in minor oil or fuel spillage. The Company will take reasonable precautions to minimise spillage and clean any affected areas, but it cannot be held responsible for stains or environmental damage caused during normal operations.
10.3 The Client is advised to notify the Company of any particularly sensitive surfaces or areas prior to the commencement of work so additional precautions can be arranged.
11. Underground and Overhead Services
11.1 The Company is not liable for damage to underground utilities (e.g., gas, water, electrical cables, or drainage systems) that are not clearly marked or disclosed by the Client prior to the commencement of work.
11.2 It is the Client’s responsibility to inform the Company of any overhead services (e.g., power lines) that may interfere with the work.
11.3 Any costs associated with repairing damage to unidentified services will be the Client’s responsibility.
12. Arisings and Waste Removal
12.1 Unless otherwise agreed, all waste materials (arisings) such as wood, branches, and leaves will be removed from the site by the Company.
12.2 If agreed in advance, wood or other materials can be left on-site for the Client’s use.
12.3 Stump grindings and excess soil resulting from stump removal will not be removed unless explicitly stated in the quotation.
13. Environmental and Wildlife Considerations
13.1 The Company will comply with UK legislation relating to wildlife and conservation, including the Wildlife and Countryside Act 1981 and the Countryside and Rights of Way Act 2000.
13.2 Work that may disturb nesting birds, roosting bats, or other protected species will not proceed until appropriate assessments or permissions have been obtained.
13.3 Any delays caused by wildlife-related issues will not be the responsibility of the Company.
14. Insurance and Liability
14.1 The Company carries Public Liability Insurance up to £10 million and Employer’s Liability Insurance up to £10 million. Evidence of insurance can be provided upon request.
14.2 The Company is not liable for:
• Damage to underground services not disclosed by the Client.
• Damage to property caused by the failure of defective or unstable trees or limbs during work.
• Losses caused by delays due to weather, access issues, or other factors outside the Company’s control.
14.3 The Client is responsible for informing the Company of any areas of special concern or sensitivity prior to the commencement of work.
15. Cancellations and Refunds
15.1 Cancellations made less than 72 hours before the scheduled start date may incur a cancellation fee.
15.2 Deposits are non-refundable unless otherwise agreed in writing.
15.3 In the event of unforeseen circumstances, the Company reserves the right to reschedule work.
16. Complaints and Disputes
16.1 Any complaints must be submitted in writing within 14 days of the work being completed.
16.2 The Company will endeavour to resolve complaints amicably. If no resolution is reached, disputes may be referred to mediation or arbitration in accordance with UK law.
17. Force Majeure
17.1 The Company is not liable for delays or failure to perform Services due to events beyond its reasonable control, including extreme weather, natural disasters, or other unforeseen circumstances.
18. VAT Compliance
18.1 The Company is VAT-registered and will apply VAT at the prevailing rate as determined by HMRC.
18.2 All quotations and invoices will clearly state the applicable VAT amount.
18.3 The Client is responsible for paying the full invoice amount, including VAT.
19. Governing Law
19.1 These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. Any disputes will be subject to the exclusive jurisdiction of the English and Welsh courts.
20. Amendments
20.1 The Company reserves the right to amend these Terms and Conditions at any time. Clients will be notified in writing of any changes.
21. Entire Agreement
21.1 These Terms and Conditions constitute the entire agreement between the Company and the Client and supersede any prior agreements or understandings.
Acceptance of Terms
By engaging the Company’s services, the Client acknowledges that they have read, understood, and agreed to these Terms and Conditions.