Our Terms & Conditions
of Service
Our Terms and Conditions of Service
“The Contractor” – the Company undertaking the works, in this case O’Neill Trees & Timber Ltd.
“The Client” – the person or business authorising the works, accepting the quote and subsequently agreeing to the following terms and conditions:
Note – All dimensions specified in any communications are approximate and, wherever possible, will be to the nearest appropriate pruning point.
1) O’Neill Trees & Timber ltd. will:
- Ensure all works will be in accordance with the current British Standard 3998 ‘Tree Work Recommendations’ where practicable.
- Take all reasonable precautions to prevent damage to property such as gates, fences, walls and paths etc on the site where the work is undertaken but does not accept responsibility for damage caused to the site, which occurs in the proper and reasonable execution of the work, such as disturbance to lawns unless expressly asked by the client to put in place additional measures to prevent this which may incur an additional charge.
- Supply all materials in good condition and of a quality consistent with the standards either specified by the customer or stated in the quotation.
- Ensure affected trees will be subject to a Local Authority search to establish the presence of Tree Preservation Orders or Conservation Area designation, both of which afford them legal protection. Please note, if the Company undertakes the necessary application/notification an appropriate administrative charge of £40 + VAT may be incurred. Similarly, a charge may be incurred for obtainment of a Scottish Forestry felling licence if required or if any other permissions / consultations are required from public bodies such as SNH or SEPA.
- Demonstrate £5 Million Public Liability and £10 Million Employer Liability Insurance when requested and will operate in accordance with; good industry practice, our Health & Safety Policy & Procedures and our own Site-Specific Risk Assessments (the outcomes of which may place constraints on the site whilst works are in progress such as the client can’t access areas of their property without prior agreement from OTT.)
2) O’Neill Trees & Timber will not be liable for:
- Any subsequent maintenance to the site following completion of the work unless this is specified in the quotation.
- For the replacement of any trees, shrubs or plants which fail to take due to adverse weather condition, vandalism or damage to or lack of care by the customer or for any other cause unless the failure was due to the Company’s negligence.
- For the death of a tree owing to any works such as reductions or pollarding, even when this is a repeat operation.
3.) Cancellation
- The client has a maximum of 14 days to cancel the contract (in writing or by email) from the acceptance date, otherwise a fee of up to 25% of the total works value will be charged at the discretion of the contractor.
- If cancelled within 24 hours of the work scheduled to start, a ‘stand down fee’ of up to 50% of the quote value may be charged.
- If the client cancels the contract after the works have begun, the client will be subject to a minimum charge of 75% of the value of the works which were quoted regardless of how much work was carried out.
4.) The quotation
The quotation is valid for 30 days (pre VAT value) and takes into account any ‘value’,
monetary or otherwise, the arisings may have unless stated otherwise. All arisings (inc. twigs / branches / woodchips / logs / trunks / foliage etc) will be removed from site where specified and become the property of the contractor unless specifically stated otherwise in the quotation.
5) Force Majeure
The Company will not be liable to the customer for any failure to carry out or delay in carrying out the work or for any consequences of any failure or delay if it is due to any event beyond the reasonable control of the company, including dangerous conditions or inclement weather, acts of God, explosion, terrorism, strikes, lockouts or other industrial disputes, default or delays of suppliers or sub-contractors, breakdown of plant or machinery or any other acts, events or omission beyond the control of the Company. If the agreed works cannot be completed to due to an unforeseen event outside the control of the contractor, the client will agree to postpone or annul the contractor. We will aim to keep you informed to the best of our ability of any delays.
6) Variation
In the event of a variation to the quotation as a result of amendments to works required prior to us arriving on site, or changes in site or ground conditions since the original visit or additional works requested or required whilst on site – the quotation will be revised accordingly, either electronically or hand written with any additional cost amendments agreed and signed off by both the contractor and the client.
7) Stump Grinding
Will be to a depth approx 12″/300mm unless otherwise specified 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. The contractor is not liable for any damage caused by the works to any services that have not been disclosed by the client before the commencement of stump grinding.
8) Invoicing
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.
Payment is accepted via Cash on completion (on the day) or by BACS (all details are on the invoice provided).
9) Customer Satisfaction
Customer satisfaction is very important to us, however any unsatisfactory work or materials MUST be immediately notified, in writing or by email, to the contractor within a maximum period of 48hrs for labour and 30 days for any materials supplied.
Trees and shrubs supplied and planted by the contractor are the responsibility of the client once planted and no liability will be passed to the contractor for the ongoing health or wellbeing or trees and shrubs. Any goods supplied to the customer will remain the property of the company until the goods have been paid for in full by the customer, but risk of damage or loss to goods will pass to the customer on delivery or deemed delivery to the customer.
Once the client has confirmed that that they are satisfied with any works or pay the invoice,
the contractor’s obligations end.
10) Third Party Trees
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 neighbour should be advised where practicable.
11) Site Limitations
The client is responsible for informing the contractor of any site limitations such as; Overhead and Underground utilities (power cables, water or gas mains and the like), Environmental Considerations (badgers, bats or SSSI designations and the like) or Historic Features (protected landscape features or buildings and the like). Any loss or damage due to the contractor not being informed of such limitations will not be the fault of the contractor.
12) Site Handover
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 as well as the traversing of site personnel and machinery, the site will not be as it was prior to commencement of works. The site will be left as clean and tidy as practicably possible. If the works are spread over multiple days, the site will be left appropriately and safe, as agreed with the client beforehand.
13) Constraints
The contractor will undertake the works as scheduled but may be constrained by ecological and wildlife legislation. This legislation requires the contractor to assess the impact of any works, which may result in works being delayed because of; nesting birds, roosting bats, badger setts nearby, or similar which may require additional measures and / or an ecological consultation which in turn may result in additional unforeseen costs.
14) Alterations
Any site alterations made after our initial visit that may affect operational logistics, such as new structures, garden ornaments, animal/dog faeces or access constraints may in turn affect the original quotation. It is the responsibility of the client to inform us before work commences of any site alterations that may affect operational logistics or that may increase the time or difficulty of the job.
Should any OTT employees be required to work around or remove any dog/animal faeces to allow the work to commence, a charge of £75.00 + VAT per person on site will be added to the final invoice to allow for cleaning of uniforms, tools and vehicles.
15) Parking Permits
The contractor does not take responsibility for providing relevant parking permits for any controlled parking zones, where a pay and display bay is not available within a suitable distance from the work site. The client is responsible for the cost of any parking fines where a parking permit is not provided and an alternative space is not available.
16) Permissions
The client is responsible for providing copies of any permissions they have obtained relating to proposed works on restricted trees before the commencement of any works.
17) Tenants
The client is responsible for making arrangements with their tenants regarding providing access for the contractor. If a tenant or third party is not available to provide access as and when agreed, the client may incur a charge of 50% of the value of the proposed works.