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For the purpose of these terms & conditions the following words shall have the following meanings:
a) “The Contractor” shall mean Aimis Tree Care Limited (registered number: 10719048) with the registered address Heath Cottage Brentmoor Road West End Woking Surrey GU24 9NE.
b) “The Customer” shall mean the person or organisation for whom the Contractor agrees to carry out works and/or supply materials.
c) “The Operative” shall mean any representative appointed by the Contractor.
d) “Quotation” or “Quote” shall mean written specification of the works to be carried out.
e) “Works” shall mean tree surgery, surveys, arboricultural advice and work, liaison with local authorities, and any other work indicated in a written Quotation.
f) “Contract” shall mean the agreement between Aimis Tree Care Limited and a Customer in which the Customer requires Aimis Tree Care Limited to undertake certain specified works and Aimis Tree Care Limited agrees to do this for a given remuneration.
The Contractor reserves the right to refuse or decline work at its own discretion. Where the Contractor agrees to carry out works for the Customer those works shall be undertaken by the designated operative of the Contractor at its absolute discretion.
All quotations and cost estimates are without obligation. Quotations are valid for one month from their date of issue, after which time the Contractor is entitled to draw up a new quotation/amend costs.
The total charge to the Customer shall consist of the cost of materials (including hired equipment) supplied by the Contractor, 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 Contractor’s day 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.
The Contractor may offer a fixed price for work and this shall be given as a cost (manifest errors exempted) including Labour and Materials.
The Contract takes effect on acceptance by the Customer, either verbally or in writing, of the Quotation submitted by the Contractor. The Contractor commits itself to executing the works to the best of its ability, thereby employing sound professional knowledge, skills and experience, with due regard to the Customer’s requirements and in compliance with all relevant regulations and standards. The Contractor shall take all necessary steps to ensure that the worksite is left clean, tidy and safe on completion of all works (unless agreed otherwise in writing on Quotation).
All of the Contractors work is by written Quotation agreed with the Customer. Where a written quotation has been supplied to the Customer the total charge to the Customer referred to in the quotation should be the amount payable, but may be revised in the following circumstances:
a) if after submission of the estimate the Customer instructs the Contractor (whether verbally or in writing) to carry out additional works not referred to in the Quotation.
b) if after submission of the Quotation it is discovered that further works need to be carried out which were not anticipated when the quotation was prepared.
c) if after submission of the Quotation it is discovered that there was a manifest error when the Quotation was prepared. At which time the Customer will be contacted before works are carried out. The Contractor shall not be bound by any quotations given orally or in which manifest errors occur.
Invoices are due for payment by bank transfer or cash upon completion of work (unless otherwise agreed in writing prior to works beginning). We require payment to terms, payment must be made on time, in full, and without any deduction, offset or counter claim. Where invoices are overdue and payment has not been received, Aimis Tree Care Limited reserves the right to charge daily interest on the debt at a rate of 8% over the Bank of England base rate on a weekly basis. In the event an account remains outstanding, the Contractor will refer the matter to their debt collection agents. Any costs incurred to collect the debt will be added to the debt, plus VAT at the prevailing rate. The Customer agrees upon booking the Contractor’s services that the Customer will be legally liable to pay the Contractor that surcharge, and that payment of the same can be enforced against the Customer in court. The Customer also agrees to pay interest at the relevant reference rate provided for under the Late Payment of Commercial Debts (Interest) Act 1998, which interest is payable both after and before any judgement of the court and continues to accrue.
Where the date and/or time for works to be carried out is agreed by the Contractor with the Customer, then the Contractor shall use its best endeavours to ensure that the operative shall attend on the date and at the time agreed. However the Contractor accepts no liability in respect of the non-attendance or late attendance on site of the operative or for the late or non-delivery of materials.
The Customer shall accept sole liability to discharge the Contractor’s account unless s/he discloses to the Contractor when initially instructing them 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 Quotation clearly showing the name of the third party on whose behalf the work is being undertaken. The Customer is responsible for informing neighbours in the event where works need to be carried out on their tree and which necessitates access to their property. The Customer is bound to indemnify the Contractor from any claims from third parties arising after completion of the works.
a) Where trees are to be felled, it is assumed that they are free of metal, concrete stone or other hidden obstructions. In the event of any of these causing Aimis Tree Care Limited additional work and/or damaging Aimis Tree Care’s equipment an extra charge will be made to cover costs.
b) It is the responsibility of the Customer to provide Aimis Tree Care Limited with detailed drawings or plans showing the exact locations of underground services or fixtures prior to the commencement of the contract. Aimis Tree Care Limited will not be liable to any person in any way for the damage caused by Aimis Tree Care Limited to any underground services of fixtures. The Customer will indemnify Aimis Tree Care Limited in respect of any such liability.
c) During any tree operation carried out by Aimis Tree Care Limited some denting to lawn areas or a general disturbance to the garden may result. It is the Customer’s liability to make good after the works have been completed especially where felling large timber is concerned unless agreed in writing with Aimis Tree Care Limited at least 48 hours prior to the work commencing. Please be advised this is a realistic result of tree works but care and attention will be applied by Aimis Tree Care Limited to minimise disturbance.
a) It is the Customer’s responsibility to give Aimis Tree Care Limited adequate access to the work site and any charges payable if the Contractor has to wait for access.
b) It is the Customer’s responsibility to keep children and pets out of the working area.
If the Customer cancels their instructions prior to any work being carried out or materials supplied then the Customer shall be liable for any related expenditure together with an administration fee of £50.00.
If the Contractor has carried out the works and the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 1 month to the Contractor and shall afford the Contractor and its insurers the opportunity of inspecting such works and carrying out any necessary remedial works if appropriate. The Customer accepts that if s/he fails to notify the Company within 1 month from the date the work was carried out the Contractor shall not be liable in respect of any of the works carried out.
The Contractor shall only be liable for rectifying works completed by the Contractor 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.
The Contractor has £1 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, e.g. the Customer can’t access their shed without prior agreement from Operatives). The Site will be left generally ‘clean, tidy and safe’ but because of the nature of the works including the production of wood dust, chainsaw / wood chippings, twigs, leaves / needles etc and the traversing of site personnel it will not be as it was prior to commencement of works.
If the works spread over multiple days, the site will be left appropriately and safe and as agreed with the Customer beforehand. The Contractor 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. The Contractor will not guarantee any work undertaken on instruction from the Customer and against the written or verbal advice of the Operative. The Contractor 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. The Contractor is responsible solely for damage that is the direct and demonstrable result of a shortcoming for which the Contractor can be held accountable.All works will be in accordance with the current British Standard 3998 ‘Tree Work Recommendations’ where possible unless specified otherwise. Dimensions specified
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. Following written or verbal instructions from the Customer, the Contractor will check with the Local Planning Authority (LPA):
a. Whether the tree(s) are the subject of a Tree Preservation Order (TPO)
b. Whether the tree(s) are located within a Conservation Area The Contractor will also consider whether a Felling License is required from the Forestry Commission (FC) or if any other permissions / consultations are required,
i.e. Natural England / Environment Agency. Please note, if the Contract undertakes the necessary LPA application / notification an appropriate administrative charge may be incurred. Similarly, a charge may be incurred for obtaining a FC felling license.
Title to any goods, supplied by the Contractor 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 Contractor. If the provision of goods is part of the contract with the intention that such goods shall pass to the Customer then title to goods supplied by the Contractor shall not pass until payment in full for such goods has been made by the Customer to the Contractor. Until such time as title in the such goods has passed to the Customer:
(i) the Contractor 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 Contractor (ii) the Contractor shall be entitled to seek a court injunction to prevent the Customer from selling, transferring or otherwise disposing of such goods.
The Contractor 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 Contractor shall be entitled to a reasonable extension of the time for performing such obligations. 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 2012 (amendment). This legislation requires the Contractor to assess the impact of works which may result in works being delayed as a result of nesting birds, roosting bats or similar being present.
These Terms and Conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by in writing signed by a duly authorised representative of the Contractor and by the Customer. Further, these Terms and Conditions shall prevail over any Terms and Conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Contractor. By entering into a contract with the Contractor the Customer agrees irrevocably to waive the application of any such Terms & Conditions.
If the Customer breaches these Terms and Conditions and the Contractor takes no action, the Contractor will still be entitled to use the Contractor’s rights and remedies in other situations where the Customer is in breach.
These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. The Customer agrees to submit to the non-exclusive jurisdiction of the English courts, as does the Contractor.
Assistance and Sales Support:
• Telephone: Monday to Sunday from 8.00 to 18.00 (GMT); 07807644253 from within the UK, or 0044 7807 644253 from outside the UK.
• E-mail: [email protected]
Thank you for taking the time to study our Terms and Conditions. Should you have any further enquiries please contact us.