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Terms &
Conditions:
These terms and
conditions apply to all Agreements contracts and
transactions between Monmouth tree services and its clients
Definitions:
1)
Contractor.
Monmouth tree services (mts) Representing all operators
employed directly or indirectly by the company.
2)
Client.
The person commissioning the works unless an agent acting on
behalf of a third party.
3)
Quotation.
Written specification of works discussed and sent to the
client including cost of work.
4)
Works.
Refers to the arboricultural operation, advice and liaison
with local planning authority.
5)
Contract.
Agreement either verbal or written between the client and
MTS in which the client requires MTS to undertake specific
works and MTS agrees to do this for a given remuneration
6)
Quotations.
All quotations and
costs are given without obligation. All Quotations are
inclusive of vat unless stated otherwise.
Quotations are valid for 6 weeks from date of issue
after which MTS is entitled to draw up a new contract.
7)
Entering into
agreement & execution of commission.
The contract take effect
on acceptance by the client of the quotation
submitted my MTS either verbally or written
The contractor commits itself to the execution of the
works to the best of its ability thereby employing sound
professional knowledge, skills and experience with due
regard to the clients requirements and compliance with
relevant regulations and standards.
The contractor shall take all reasonable steps to
ensure the work site is left clean and safe on completion of
works. The
contractor will not be liable for removing any cuttings
which were on site prior to starting work unless otherwise
agreed with the client.
8)
Alteration or
withdrawal from contract.
Scheduled works must be cancelled no less than 24hrs
before the start of works.
Failure to do so will incur a charge of 50% of full
quoted cost. Costs of any additional works requested by the
client will be specified in an additional quotation.
The contractor reserves the right to cancel or
postpone works where a) a potential hazard has been
recognized b) a wildlife habitat has been discovered c)
where inclement weather occurs d) works are compromised by
unforeseen circumstances.
In the event of the contract being withdrawn by the
client after work has commenced, the client will pay the
contractor75% of the total quoted cost.
In the event of bankruptcy or liquidation of the
client, the contractor is entitled to ask for immediate
payment of the agreed amount or annul the contract.
In the event of a “force majeure “ including all
exterior causes (seen or unforeseen) over which the
contractor has no influence and which prevents it from
meeting its obligations, the parties will agree to either
postpone or annul the contract.
The contractor’s contractual obligations end upon
receipt of the client’s written statement approving of the
works undertaken. The client’s contractual obligations end
upon receipt of remuneration by the contractor.
9)
Liability.
The contractor
is liable solely for the damage that is the direct and
demonstrable result of a shortcoming for which the
contractor can be held accountable.
The contractor does not accept responsibility for any
damages to underground services which were not advised by
the client prior to commencement of the works.
The client is responsible for informing the
neighbours where works need to be carried out to trees which
necessitate access to their property.
The client is bound to indemnify the contractor from
any claims from third parties arising after completion of
works.
10)
Payment.
The contractor price takes into account factors such as
travelling time, site conditions, parking costs, arrangement
with local authorities regarding the safeguarding of the
area, manpower and the need for hired equipment.
Invoices should
be paid on completion of works unless otherwise agreed with
the client. The
contractor reserves the right to charge interest on fees
outstanding for more than 14 days at the rate of 10% of
total cost per week from the date of completion of works.
11)
Legal system
applicable.
The laws
of the United Kingdom apply to all legally binding
transactions between the client and the contractor. |