Terms & Conditions
of Service for Forbes Tree Care Ltd.
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’ – the client has 14 days to cancel the contract (in writing) from acceptance date. Any cancellations received within 24 hours prior to the date work is due to commence will leave the client liable to pay any costs incurred by the contractor (eg. booking of staff, materials ordered etc).
2) This quotation/estimate is valid for 60 days and takes into account any ‘value’, monetary or otherwise, the arisings may have unless stated otherwise.
3) Forbes Tree Care Ltd will endeavour to match the prices of our nearest competitors where possible. The client must provide written evidence of any other quotes. Price matching is at the discretion of the contractor.
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:
- Amendments to works required prior to arriving on site, or
- Changes in site / ground conditions since the original visit, or
- 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) Prior to the contractor arriving on site, the site must be made safe to work. That is, free from obstacles, holes, ditches, rubble, rubbish and dog poo. It is the client’s responsibility to ensure any dog poo is cleared in advance. Failure to do so will result in a charge of £60 (inclusive of VAT).
7) The client is responsible for ensuring parking is available for use by the contractor. If parking charges are incurred these will be charged to the client on the invoice. If required, the client must provide parking permits or cover the costs of pay and display parking.
8) If it is agreed the client will ensure parking spaces are clear and they are not, then a 50% cancellation fee will be payable and the works will be rearranged.
9) Stump-grinding will be to a depth of 150mm 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.
10) ‘Ground level’ is as low as reasonably practicable in relation to the adjacent soil level. Usually within 2″ of the adjacent soil level.
11) Where a stump is poisoned Eco plugs will be used. We cannot guarantee the effectiveness of the poison. The active agent is glyphosate. It is the responsibility of the client to ensure the glyphosate is not tampered with once the contractor leaves site. See www.egoplug.com for more safety information. The contractor will not be held responsible if the tree continues to grow once poisoned.
12) All arisings (inc. twigs / branches / woodchips / logs / trunks / foliage etc) will be removed from site and become the property of the contractor unless specifically stated otherwise in the quotation.
13) On satisfactory completion of the works, an invoice will be raised and payment is required within 14 days. OR payment is required in full on completion of the quoted works (unsatisfactory completed jobs must be notified, in writing / by email, to the contractor within a reasonable time frame.)
14) Following written/verbal instructions from the client, the contractor will check with the Local Planning Authority (LPA):
- Whether the tree(s) are the subject of a Tree Preservation Order
- 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 £120+VAT will be incurred if the contractor is not hired to do the work or the application is rejected. Similarly, a charge may be incurred for obtainment of a FC felling licence.
15) 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 tree owner must be advised prior to the contractor arriving on site (please also see 14. above as this may also apply.) If works are cancelled on the day due to lack of permission from the tree owner then the client is liable to pay 50% of the total cost in the quotation.
16) The contractor has £10 million Public 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 without prior agreement from ground staff.)
17) 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.
18) If the works spread over multiple days, the site will be left appropriately and safe and as agreed with the client beforehand.
19) The contractor will undertake the works as scheduled but is aware of / may be constrained by ecological and wildlife legislation including:
- Wildlife and Countryside Act 1981
- Countryside and Rights of Way Act 2000
- 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.
20) Complaints: If you have a complaint or are not happy with the service please contact Sean Galton by phone, email or post. 07921149118 – sean@forbestreecare.com – 6 Wentworth Gardens, London, N13 5SN. On receipt of your complaint the business aims to respond within 5 days. The business will arrange a convenient date to come and view and/or remedy the situation within 28 days.
In the unlikely event the business is unable to resolve your complaint having exhausted the business complaints procedure, it may be necessary to use another complaint service. Where the business cannot resolve the complaint to your satisfaction and/or agree to the final resolution requests confirmed to us; and both parties agree a ‘deadlock’ has been reached, you can then escalate your complaint.
The business has access to an Alternative Dispute Resolution (ADR) service for our domestic installation, service, repair and maintenance contracts as part of the Which? Trusted Traders Endorsement. If you choose to you can refer your complaint to Which? Trusted Traders’ Alternative Dispute Resolution. You will need to contact Which? Trusted Traders on 02922 670 040 who can explain if you are eligible to use their Alternative Dispute Resolution.
