Terms & Conditions
- Definitions
For the purpose of these terms & conditions the following words shall have the following meanings:
(a) “The Company” shall mean Bluestone Sales Tree & Arb services, Bluestone Heath Rd, Welton-Le-Marsh Spilsby Lincs PE23 5SG (b) “The Customer” shall mean the person or organisation for whom The company agrees to carry out works &/or supply materials.
The Operative or Engineer shall mean the representative appointed by The company.
- The invoice will be issued on completion of works.
- Payment of invoice is 14 days’
- Quote/estimate is valid for 30 days from quotation date.
- Site Conditions:
The quotation is based on the site conditions at the time of the site visit remaining unchanged. When specifying trees to be reduced to ground level (which does not include Stump Removal) this is a guideline and is dependant on no contamination (stones, metal etc…) being found in the trunk base. If this is the case then the trunk will be left as low as possible.
- Site:
(a) Every effort will be made to leave the work areas in their original condition, however, due to the nature of our work, some areas such as flower borders, long grass and gravel drives may contain minor debris which we are unable to remove.
Where necessary The company can move garden furniture, garden ornaments etc… If we are required to do so, we can accept no liability for these items.
(b) Every care will be taken during Tree Surgery Operations to avoid damage to the surrounding area and lawns, however on occasion due their proximity, minor damage may occur to surrounding foliage.
(c)Underground services: These must be drawn to the attention of The company, otherwise The company cannot be held responsible to any damage caused.
- Stump Grinding:
(a) Works: unless otherwise stated ‘to grind out the stump’ refers to the removal of the root ball to a maximum depth of 300mm.
Not the root system or exposed shallow roots, these will be quoted for separately. Unless otherwise stated, grinding mulch is back filled neatly into the stump cavity and left on site.
(b) Damage: Any Underground Services must be drawn to the attention of The company, otherwise The company cannot be held responsible for any damage caused. Extensive precautions are put in place to protect property during the grinding operation; however, flying debris may sometimes clear the screening. If this is the case and damage occurs (after these precautions are in place), The company cannot be held liable for this.
- Injurious matter
The client is responsible for ensuring that grassed areas to be maintained are kept free of dog mess, moles and other items that may cause damage to/harm machinery, operatives or third parties. If the area is not free of injurious matter the company reserves the right to charge the customer for any loss of time on the job.
Controlling Giant Hogweed
Safety First
When controlling giant hogweed (or working near it) the company will always wear gloves, cover arms and legs, and wear a face mask and or full overall suit which will be disposed at a appropriate waste disposal site. All giant hogweed waste/debris, contaminated clothing and tools are potential hazards.
If possible the company will carry out control measures in overcast weather avoiding sunny periods.
- Grass Cutting
The company will cut the entire of any grassed area to a recognised industry standard for the intended use. The company will not be held responsible for grass clumping due to damp weather conditions where grass arisings are to remain on site and uncollected.
- Grass Collection – Where grass cuttings are to be collected, The company will ensure care is taken to remove cuttings and leave a clean finish. The company will not be held responsible for minor clumping and small amounts of grass remaining where weather conditions are difficult.
- Strimming
When strimming the company will ensure the grass is cut to the height of the surrounding area and will ensure that arisings are mechanically blown off all public rights of way unless otherwise required in the contract.
- Grass Contamination – The company will take reasonable care to ensure minimum contamination of the surrounding area, obstructions with grass arisings, but will not be held responsible for contamination unless specified in the contract.
- Hedges
When maintaining hedges the specified price is to remove the last 6 months growth, reduction work will be quoted separately by The company. The company will carry out hedge trimming where possible, outside the bird nesting season March-July inclusive. If The company finds an occupied birds nest whilst hedge trimming work will cease and the client will be informed. Work will re-commence as soon as possible after the area becomes un-occupied.
- Pesticides
The company will ensure that pesticide application is carried out when weather conditions are suitable. Spraying will be carried out by fully qualified NPTC operators, and in compliance with all statutory requirements. Weather depending, The company will carry out spraying when programmed. The application of pesticide shall not be made during inclement or adverse weather conditions.
- GPS line marking
While gps line marking can be accurate to plus or minus 1cm the company accepts no responsibility for any lines which are out of square due to fixed goals not been square the company will endeavour to do there best for this not to happen, but the company can only work with the fixed goals and if they are not square the line marker will adjust to make the best it can. Also it requested that a representative of the ground/site is on site to make any decisions regarding this matter so it can be rectified at that point before any lines are marked or before leaving site.
17 The company accept no lability for any delays caused by nesting birds and other wildlife.
- VAT is applicable to this Quote at the current uk rate.
- Any job completed before finish date discount is not applicable.
- Discretion to accept or reject work The Company reserves the right to refuse or decline work at its own discretion. Where the Company agrees to carry out works for the Customer those works shall be undertaken by the designated operative of Company at its absolute discretion.
- Daily Rate
The total charge to the Customer shall consist of the cost of materials [ including hired equipment] supplied by the Company the amount of time spent by the operative in carrying out works (including all reasonable time spent in obtaining materials) charged in accordance with the Company’s current hourly rates. The Customer shall be charged for the time spent related to the Customer’s work including travel time and time to dispose of arisings. Daily rates are based on 8-hour day on site. If works are completed before 8 hours no discount is applicable on the day rate whatsoever under any circumstances. If the work can be completed within 10 hours on site the daily rate will be divided by 8 and then multiplied by the extra hours on site. Any daily rate works needing over 10 hours on site will be carried over in to an extra day
Fixed Price Work The Company may offer a fixed price for work and this shall be given as a cost, (manifest errors exempted) including Labour & Materials..
- Written Estimate
Where a written estimate has been supplied to the Customer the total charge to the Customer referred to in the estimate should not exceed the actual time taken by more than 20% but may be revised in the following circumstances: —
(i) if after submission of the estimate the Customer instructs the Company (whether orally or in writing) to carry out additional works not referred to in the estimate.
(ii) if after submission of the estimate there is an increase in the price of materials.
(iii) if after submission of the estimate it is discovered that further works need to be carried out which were not anticipated when the estimate was prepared.
(iv) if after submission of the estimate it is discovered that there was a manifest error when the estimate was prepared.
The Company shall not be under any obligation to provide an estimate to the Customer and shall only be bound (subject as hereinafter) by estimates given in writing to the Customer and signed by an authorised representative of the Company. The Company shall not be bound by any estimates given orally or in which manifest errors occur.
- Invoices
Payment Terms: Should you decide to proceed a £250+vat per booked day or 10% of the total cost, (whichever is the greater) non-refundable booking deposit to confirm date of works will be required. This amount would be deducted from the final invoice.
First time customers could be asked to pay up to 30%of job total before attending site depending on circumstances
if this is required it will be discussed in advance
Late payment – we reserve our right to impose an additional charge of 1.5% per month of the gross total owed for all overdue invoices.
Invoices are due for payment immediately upon delivery to the Customer. Payments not paid after 90 days will be passed to a collection agency unless a payment arrangement is sorted
If the Customer is a business profession or local authority interest will be charged on any outstanding invoice after 30 days of the date shown on the invoice at the statutory rate (currently 8%) plus the reference rate (the Bank of England base rate) pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 and the Late Payment of Commercial Debts Regulations 2002. Interest is charged on a daily basis. Payments not payed after 90 days will be passed to a collection agency unless a payment arrangement is sorted
- Fixed Dates/Times
Where the date and/or time for works to be carried out is agreed by the Company with the Customer, then the Company shall use its best endeavours to ensure that the operative shall attend on the date & at the time agreed. However, the Company accepts no liability in respect of the non-attendance or late attendance on site of the operative/engineer or for the late or non-delivery of machinery
- Customer Liability
The Customer shall accept sole liability to discharge the Company’s account unless s/he discloses to the Company when initially instructing the Company to carry out work and/or supply materials that s/he is acting on behalf of a third party including [but not limited to] a Limited Company or partnership and is in receipt of a written estimate clearly showing the name of the third party on whose behalf the work is being undertaken.
- Cancellation
Deposits are non-refundable, however where a booking is cancelled more than 14 days before start date The Business will endeavour to re-book the time allocated to your job. If the time allocated is re-booked, the business will refund the deposit paid less an administration charge of £150 and any other costs incurred by the cancellation. Where the time allocated is not resold, no refund is payable also any costs incurred will also be payable.
Where a refund is due the business will pay the refund within 30 days after the START DATE.
Late cancellation penalty.
Jobs cancelled within 24hrs (Mon-Fri working hours 7.30am to 5pm) – 100% of the total amount due. Paid deposit would be deducted from this amount.
Jobs cancelled within 48hrs (Mon-Fri working hours7.30a.m to 5pm) – 80% of the total amount due. Paid deposit would be deducted from this amount.
Jobs cancelled within a week (7xdays) – 50% of the total amount due. Paid deposit would be deducted from this amount.
For bookings cancelled 7 days or less, prior to the START DATE, no refund is payable also any costs incurred will also be payable
Any machine hire is payable if the machine cannot be cancelled or returned at the time of cancelation
If the wind speeds are above maximum permitted of the machine on site machine cost are still payable.
- Notification for Remedial Works
If the Company shall have carried out the works and the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 10 working days to the Company and shall afford the Company and its insurers the opportunity of inspecting such works and carrying out any necessary remedial works if appropriate. The Customer accepts that if he fails to notify the Company within 10 working days from the date the work was carried out the Company shall not be liable in respect of any defects in the works carried out.
- Liability
The Company will not guarantee any work undertaken on instruction from the customer and against the written or verbal advice of the operative.
The Company shall not be held liable or responsible for any damage or defect resulting from work not fully insured or where recommended work has not been carried out.
- Terms and Conditions Prevail
These terms and conditions may not be released, discharges, supplemented, interpreted, varied or modified in any manner except by in writing signed by a duly authorised representative of the Company and by the Customer. Further, these terms and conditions shall prevail over any terms & conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Company.
By entering a contract with the Company the Customer agrees irrevocably to waive the application of any such terms & conditions.
- Retention
Title to any goods, supplied by the Company to the Customer, or hired goods and/or tools left at the site of the works shall not pass to the Customer but shall be retained by the Company. If the provision of goods is part of the contract with the intention that such goods shall pass the Customer then title to goods supplied by the Company shall not pass until payment in full for such goods has been made by the Customer to the Company.
Until such time as title in the such goods has passed to the Customer:
(i) the Company shall have absolute authority to repossess, sell or otherwise deal with or dispose of all any or part of such goods in which title remains vested in the Company (ii) for the purpose specified in (i) above the Company or any of its agents or authorised representatives shall be entitled at any time & without notice to enter any premises in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be
(iii) the Company shall be entitled to seek a court injunction to prevent the Customer from selling, transferred or otherwise disposing of such goods.
- Risk
Notwithstanding the above risk in goods shall pass on delivery of the same to the Customer and until such time as title in such goods has passed to the Customer the Customer shall insure such goods to their replacement value and the Customer shall upon request provide the Company with a certificate or other evidence of such Insurance.
- Delay
The Company shall not be liable for any delay or for the consequences of any delay in performing any of its obligations if such delay is due to any cause whatsoever beyond its reasonable control and the Company shall be entitled to a reasonable extension of the time for performing such obligations.
- Liability Limitation
The Company shall only be liable for rectifying works completed by the Company and shall not be held responsible for ensuing damage or claims resulting from this or other work overlooked or subsequently requested and not undertaken at that time.
- Company Liability
The Company will accept no liability for, or guarantee suitability, materials supplied by the Customer and will accept no liability for any consequential damage or fault to property
- Governing Law
These terms and conditions and all contacts between the Business and the Customer shall be governed and construed in accordance with the Law of England and Wales