Terms and Conditions

FOR

DOWNLANDS

TREE SURGERY LTD

Our terms and conditions are important and we ask that you keep a copy for your records

Should you have any unresolved queries, require further information or fail to be completely satisfied with our work please ring us and we will deal with the matter immediately.

 

1. Definitions
For the purpose of these terms & conditions the following words shall have the following meanings:
(a) “The Company” shall mean Downlands Tree Surgery Ltd of Trow Lane Cottage, 95 Frome Road, Maiden Bradley, Warminster, BA12 7JA registered at Companies House under Company Number 6634326 (b) “The Customer” shall mean the person or organisation for whom the Business agrees to carry out works &/or supply materials.
The Operative or Engineer shall mean the representative appointed by the Business.

 

2. 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.

3. Hourly 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. All charges are subject to VAT at the prevailing rate except in cases where the work carried out is zero rated.

4. 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. All costs are plus VAT at the prevailing rate.

5. 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.

6. Materials
Collection of materials/ hire equipment or tools is chargeable but:
(a) Time must be kept to a minimum
(b) The Customer must be informed wherever possible when the operative leaves the premises.
(c) If the collection time is likely to exceed 45 minutes the customer must be additionally informed of the circumstances.
(d) The Customer will be notified of the cost of any hired equipment and the period for which such equipment is hired.

7. Invoices
Invoices are due for payment immediately upon delivery to the Customer. Interest is chargeable on any bill outstanding after 14 days from the date shown on the invoice chargeable at the statutory rate (currently 8%). Any part of that invoice which remains unpaid shall incur interest until payment in full is received by the Company. Interest is charged on a daily basis.

 

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.

8. 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 materials.

9. 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.

10. Cancellation
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 + VAT.

11. 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 6 months 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 6 months from the date the work was carried out the Company shall not be liable in respect of any defects in the works carried out.

12.  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.

13.  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.

14. 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 into a contact with the Company the Customer agrees irrevocably to waive the application of any such terms & conditions.

 

15. 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.

 

16. 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.

17. 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.

18. 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.

 

19. 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

Downlands
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