LM tree care Limited
Terms and Conditions
These Terms and Conditions apply to all transactions and agreements between LM Tree Care Limited and its clients.
Terms and Conditions
Tree Work Contracting LM Tree Care Limited
The Contractor – LM Tree Care Limited. 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 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.
2) GDPR compliance – we will aim to protect your personal data in accordance with GDPR requirement and not to directly market our services to you without your prior permission to do so.
3) This quotation/estimate is valid for 30 days and takes into account any ‘value’, monetary or otherwise, the arisings may have unless stated otherwise.
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.
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 250mm 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.
7) All arisings (inc. twigs / branches / wood chips / 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 14 days of invoice date. Payment can be made by BACS (internet banking) or by cheque. A 3% Fee will be charged for all invoices paid via cheque. (Unsatisfactory completed jobs MUST be immediately notified, in writing / by email, to the contractor within a minimum period of 48 hours.)
9) 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/ FC felling licence an appropriate administrative charge will be incurred.
10) 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.)
11) The contractor has £5 million Public Liability, £10 million Employers 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 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/garden/driveway without prior agreement from ground staff.)
12) 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.
13) If the works spread over multiple days, the site will be left appropriately and safe and as agreed with the client beforehand
14) The contractor 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. 2017
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.