Terms and Conditions
Specification of Works to be Undertaken.
Insurance.
Work Standards.
TPOs, Conservation Areas and Other Legislation.
Ecological and Wildlife Concerns.
Waste Disposal
Permission from neighbours.
Ensuring a Safe Working Environment During Agreed Works.
Photography and Recording.
Cancellation Policy.
Payment.
VAT.
References.
Specification of Works to be Undertaken.
No recommendations or advice either written or verbal can be offered by Applecat Garden Services (hereupon referred to as the Supplier) or their contractors in regards to any Arborist or gardening work which the Customer (or their agents) are enquiring upon. The Supplier can only work to a provided job specification.
Whilst no such recommendations or advice can be given by the Supplier, the Supplier reserves the right to decline provided job specifications or any other work request should the Supplier feel that they contradict industry best practice, health and safety legislation, ecological or any other legal requirements or relevant guidelines.
In such cases where recommendations or advice on a suitable course of action are required, the Supplier will advise commissioning the services of a suitably trained and qualified professional (for example a professional tree inspector) to assist in detailing appropriate job specifications which can then be acted upon.
Once the job specification has been provided to the Supplier this can be written into an estimate for the proposed work and made available to the Customer for their consideration and allowing for revisions. No work can commence unless the Customer agrees to the job specification.
Once agreed the Supplier cannot deviate from the job specification either prior to the work or once the Supplier in undertaking these works unless both parties agree that this is appropriate. In such cases a change control note can be applied to the job specification to manage any changes. Both parties must agree in writing or by email to such changes before these can occur. Changes may incur alterations to the estimated costs of the work.
Should the site conditions have changed in the period between the Supplier's visits and the creation of the job specification then the Customer should notify the Supplier in good time to allow any necessary amendments to the job specification (and estimated cost) to be determined and agreed upon.
The job specification will also be used as a job sheet for the Supplier and team to work from on the actual job.
For ongoing working arrangements either with or without a written agreement or contract, work requests for Arborist jobs will still need to be written and if needed quoted for prior to commencement.
The completion dates provided for any works are entirely contingent upon weather conditions. Should adverse conditions delay or interrupt the planned works, arrangements will be made, where possible, to reschedule and complete agreed works as soon as possible inline with other commitments, bookings or legal requirements.
All measurements provided are approximate and will be made using Metric.
Insurance
The Supplier holds up to date public liability and employers liability insurance with TreeSurgeonInsurance. Public liability insurance is to £10,000,000. Please ask for proof of this insurance if interested and it will be promptly provided.
Work Standards
All works undertaken will be completed inline with the British Standards 3998:2010; Tree work. Recommendations as far as possible. Should the Customer request work which deviates from this then the work requested will need to be assessed (see section 2 of Specification of Works to be Undertaken.). All works agreed upon will be undertaken in a competent fashion meeting the agreed job specification.
TPOs, Conservation Areas and Other Legislation.
All estimations in this email are provided on the basis that no restrictions on tree work or Tree Preservation Orders (TPOs) are in place, and that the work does not fall within a Conservation Area. Should the work be located in a Conservation Area then Planning Permission is required for works to trees with a trunk diameter of more than 75mm (3") when measured at 1.5m from ground level. This is 23.5cms in circumference. It can take up to 6 weeks to obtain Planning Permission. The Supplier can undertake this application process on behalf of the Customer.
Other possible checks could include whether a Felling Licence is required from the Forestry Commission. In addition, permissions may be required from the Environment Agency or Natural England.
Ecological and Wildlife Concerns.
Where necessary a professional ecologist can be commissioned to undertake relevant surveys pertaining to the wildlife species detailed in the following sections.
The Supplier will also check for nesting birds prior to all work and will document any that are seen. If a nest is located during a job then work in that area will cease. Cavities in trees can often house bats. If a tree has such a cavity then a bat survey should be undertaken also. The Supplier reserves the right to decline any work (even if started) should a cavity be located which may house bats.
The same also applies to other protected wildlife species which includes but is not limited to; Bats, Great Crested Newts, Badgers, Water Voles, Reptiles, Birds, White Clawed Crayfish, Otters and Dormice1 and the Supplier reserves the right to decline or halt any work, should a cavity or area be located which may house any or all of the above (or any other species of concern).
The following legislation may also impact on any planned work:-
Conservation of Habitats and Species Regs. 2017.
Countryside and Rights of Way Act 2000.
Wildlife and Countryside Act 1981.
In such a situation where work has needed to cease it may be possible to arrange a subsequent visit to complete the works without affecting the original estimate, however this is at the sole discretion of the Supplier. Please refer to section 41 for further details.
Initial checks made by the Supplier comprise a ground based visual assessment with the aid of binoculars where needed. Once work commences, checks will be made from any elevated positions which may reveal nests or wildlife that it was not possible to identify from the ground.
Waste Disposal
The Supplier holds a lower tier waste carrier, broker and dealer licence and can provide details of this upon request.
Green garden waste can be removed but this will require additional costs to dispose of through the council services. An ecologically sound alternative is for woody waste to be chipped and left onsite in large builder-bags, for you to either use as garden mulch, or to gradually dispose of via a brown bin. Larger wood, however, would still need to be disposed of, as would any non-woody waste, which cannot be chipped.
Larger wood can be left for firewood or piled to provide ecological habitats. Waste disposal arrangements must be agreed in advance as part of the job specification.
Permission from neighbours.
In cases where a tree, shrub or hedge (or any item being worked upon by the Supplier) impinges on a neighbours property then the following terms apply:
In a situation where the tree, shrub or hedge originates, or appears to originate, in a property or properties not belonging to the Customer, it is required that the Customer provide written confirmation that the owners of said properties have been approached for permission to undertake such works and have agreed to this. The Supplier reserves the right to see such correspondence or contact the owners (or tenants) should this be deemed necessary.
It is the responsibility of the Customer to bring to the Supplier’s attention any dispute with neighbours which relate to the works being discussed. Should this dispute take place after the works have been agreed upon then the Supplier reserves the right to delay or terminate the agreement without being liable for penalties or costs.
It is the responsibility of the Customer to bring to the immediate attention of the Supplier any newly imposed TPO (Tree Preservation Order) or any other legal restriction on any tree in the property or in the proposed job specification. The Supplier will not be held liable for any unauthorised works having made all standard checks on the location where the works will be carried out prior to proceeding.
It is the responsibility of the Customer to discuss with any neighbours the issue of returning arisings (i.e. material removed from planting which originates in the neighbouring land) back to the owners of the tree, shrub or hedge, and to reach an agreement as to disposal of these arisings.
Ensuring a Safe Working Environment During Agreed Works
During the course of undertaking the agreed job specification the Supplier may need to establish a safety zone in and around any hazards pertaining to the work, this can include not only the trees, shrubs or hedges being worked upon but also tools and equipment such as chippers, or vehicles. Where necessary these may be marked through the use of appropriate signage or barriers. The Customer agrees to follow the instructions of the Supplier in relation to any health and safety aspects during the agreed work and to remain outside any area stated as hazardous.
The Supplier reserves the right to pause or terminate any work immediately should any situation arise which the Supplier feels jeopardises the safe completion of the agreed works.
The Customer agrees to prevent any access to the specified safety zone by children during the course of the agreed works.
The Customer agrees to prevent any access to the specified safety zone by Pets or animals in their care during the course of the agreed works. Where required, Pets should be kept inside for the duration of the Supplier’s presence on site. In the case of other animals in proximity to the work such as livestock or neighbours' pets the potential risk will be assessed through the mechanism of the job safety assessment.
The Customer agrees to ensure that all working and access areas are cleared of animal droppings before the Supplier arrives on site.
Where power lines are present the works may need to be delayed until permission is obtained from the relevant power supplier (Network Operator). The Supplier can assist in making the necessary applications as part of the job preparations. Typically the network operator will state in advance any costs associated with any safety works needed to allow the works to proceed allowing the Customer to make a decision. Any such costs will be passed on to the Customer.
In preparation for the Supplier's visit to complete the works the Customer is requested to cover or move any objects or surfaces which could be damaged.
Plant pots, garden ornaments or furniture or any other objects should be removed from the working and access areas before the Supplier arrives to carry out the work. These can by prior agreement (depending upon their size and weight) be moved on the day by the Supplier but this would form part of the agreed work specification.
In cases where it is necessary to move through the Customer’s property, sheeting can be placed on the floor.
Lawns can be damaged by repeated foot traffic especially in wet conditions. This is something beyond the Suppliers control to prevent so concerns should be raised when discussing the job specification.
Likewise, plants and beds can also be damaged if work is taking place in and around these. Reasonable efforts are made to step carefully and respect all areas of a Customer’s garden but it is often not possible to avoid some damage.
The initial site visit will aim to identify locations of a property or its surrounding area which are vulnerable to damage (e.g a greenhouse or shed directly below the works being undertaken) and a plan to mitigate any possible damage will be agreed upon as part of the job specification.
Photography and Recording
The Supplier will check with the Customer prior to undertaking any work or gathering details in a site visit if they can take photographs or videos.
The Supplier will check with the Customer prior to sharing any such photographs or videos (including social media) that they are happy for this to occur.
The Customer will ask permission of the Supplier should they wish to take any photographs or videos of the Supplier, their equipment or people working for them, and will abide by any refusal of such permission.
All of the above applies to both visual and audio recordings on any medium.
Cancellation Policy
Once the job specification has been accepted, dates will be agreed for the undertaking of the work. Once booked, the Supplier requires a minimum of 14 days' notice to cancel the job.
If specialised equipment is to be hired in for a specific job, this will require a deposit, on acceptance of the job, and such deposit is non-refundable.
The Supplier reserves the right to cancel any agreed work at any time or reason without being liable for penalties or costs.
Antisocial behaviour by the Customer or any person (or animal) in the work area may also give grounds for the immediate cancellation of any works either prior to or during the works.
In the event of situations which prohibit the Supplier from being able to complete the agreed work at any stage (this includes those cases listed in the section Ecological and Wildlife Concerns) then the Supplier will not be obliged to make a subsequent return to complete the initially agreed works. However, all reasonable efforts will be made to do so. Should this not be possible then the following options exist:-
An option to terminate the agreement at that point.
The Supplier may at their discretion offer a discount on the agreed cost for any works completed up to that point.
Payment.
No deposit is requested, unless it is necessary to hire in specialist equipment, in which case a non-refundable deposit to cover equipment hire will be required a minimum of two weeks before the works commence.
Upon completion of the specified works the Customer will be asked to sign the job sheet used to schedule the agreed works thus confirming your satisfaction with the works undertaken.
Invoicing will be issued shortly after completion of the work, and payment is to be made on receipt of the invoice.
Payment by bank transfer is preferred, and the invoice will contain all the necessary details.
If you require a receipt, this can be issued on request.
VAT
Applecat Garden Services currently operates below the VAT threshold and so is not VAT registered.