Mayfield Horticulture Ltd. Terms of Business
“The Contractor” – the person or business undertaking the works (Mayfield Horticulture Ltd.) &
“The Client” – the person or business authorising the works
(and in so doing, accepting the quote, agrees to / accepts the following terms and conditions.)
1) ‘Notice of the Right to Cancel’ – the client has a maximum of 14 days to cancel the contract (in writing/email or Text message) from the acceptance date, otherwise a fee of 30% of the total works value will be charged. If cancelled upon arrival to site or on the day of works a charge of 50% of the total works value will be made.
2) The quotation/estimate is valid for 30 days and takes into account any ‘value’, monetary or otherwise, the arisings may have unless stated otherwise.
3) 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.
4) In the event of a variation to the quotation as a result of:
- Amendments to works required prior to arriving on site, or b. Changes in site / ground conditions since the original visit.
- 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.
5) Stump-grinding will be to a depth of 200mm below the immediately adjacent ground level and will include the removal of the stump and buttress roots but will not include the removal of lateral roots unless otherwise specified. The client will advise the contractor of any underground services in the vicinity of the stump prior to the commencement of any work. The contractor is not liable for any damage caused by the works to any services that have not been disclosed by the client.
6) Weekend/Public holiday will be charged as follows; Saturday working will be 50% surcharge and Sundays/bank holidays will be 100% surcharge.
7) The contractor has the right to delay/postpone works due to dangerous conditions or inclement weather and resume works as soon as conditions improve.
8) 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.
9) On completion of the works, an invoice will be raised and payment is required within 7 days for domestic clients and 30 days for commercial clients. (unsatisfactory work or materials MUST be immediately notified, in writing / by email, to the contractor or within a maximum period of 24 hours.)
10) Payment is accepted via Cash on completion (on the day) by Credit or Debit cards or by BACS (all details are on the invoice provided). Cheques are only accepted via prior arrangement.
11) Following written 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.
12) Where works are proposed to third party trees, i.e. ‘neighbour’s 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.)
13) The client is responsible for informing the contractor of any site limitations such as power cables, underground utilities or changes in site before work commences.
14) The contractor has £5 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 cannot access their shed without prior agreement from ground staff.)
15) The contractor will only carry out works in accordance with the latest HSE guidelines and only use current methods and appropriate tools and machinery suitable for the task.
16) 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.
17) IF the works spread over multiple days, the site will be left appropriately and safe and as agreed with the client beforehand
18) 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 species being present.
19) The work site should be clear of all dog foul before work commences. Should any Mayfield Horticulture Ltd. employees be required to remove any dog foul before work commences, a charge of £35.00 will be added to the final invoice.