Terms & Conditions

Brett Bain Tree Services Terms and Conditions of Sale

These Terms and Conditions apply to all transactions and agreements between Brett Bain Tree Services and its clients.

 

Definitions

•Contractor: Brett Bain Tree Services (BBTS), representing all staff directly or indirectly employed by the company

•Client: person commissioning specified works, unless it has been clearly stated that he/she acts on behalf of a third party

•Quotation: written specification of the works as discussed on site and sent to the client

•Works: refers to tree surgery, liaison with local authorities, fencing, landscaping and any other tasks specified by the client

•Contract: agreement between BBTS and a client in which the client requires BBTS to undertake certain specified works and BBTS agrees to do this for a given remuneration

 

Quotations

•All quotations and cost estimates are without obligation

•All quotations and cost estimates are valid for a period of 28 days unless otherwise agreed.

 

Entering into an agreement, execution of commission

•The contract takes effect on acceptance by the client, either verbally or in writing, of the quotation submitted by the contractor

•The contractor commits to executing the works to the best of its ability, thereby employing sound professional knowledge, skills and experience, with due regard to the clients 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

 

Alteration/withdrawal/end of contract

•Scheduled works should be cancelled by the client on a 24 hours’ notice basis. 

•Costs of any additional works requested by the client falling outside of the original quotation will be specified in an additional quotation

•The contractor reserves the right to delay or cancel works that: (a) are deemed to be a potential hazard (b) are affected by inclement/dangerous weather (c) interfere with the safe retention of wildlife habitats (d) are compromised by unforeseen circumstances

• In the event of a force majeure, including all exterior causes (foreseen or unforeseen) over which the contractor has no influence and which prevents it from meeting its obligations, the parties will agree to either suspend or annul the contract

•The contractor’s contractual obligations end upon receipt of a written or verbal statement by the client approving the works undertaken. The client’s contractual obligations end upon receipt of the remuneration by the contractor

 

Liability

•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

•The contractor does not accept liability for any damages to (underground) services that were not advised of by the client prior to commencement of the works

•The client 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 client is bound to indemnify the contractor from any claims from third parties arising after completion of the works

 

Payment

•The contract price takes into account factors such as travelling time, site conditions, parking costs, arrangements with local authorities regarding the safeguarding of the area, manpower required and the need for hired equipment

•Invoices should be paid on completion of works. The contractor reserves the right to charge interest on fees outstanding for more than 14 days at the rate of 10% per week from the agreed date of payment

 

Legal system applicable

•The law of the United Kingdom applies to all legally binding transactions between the client and the contractor

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