DEFINITIONS
Client – the individual or company that commissions works and accepts a Quotation.

Contract – the agreement entered into between the Client and the Contractor upon the acceptance of a Quotation by the Client.

Contractor – Emes Trees.

Quotation – written description of works, costs, Site address and client details.

Site – the site at which the Works are to be carried out.

Works – arboricultural works agreed to be performed by the Contractor as set out in the relevant Quotation.

By accepting the Quotation, either in writing or verbally, the Client enters into a Contract with the Contractor to complete the agreed Works.

The Contractor commits to completing all Works to British Standard 3998 and to also leave the Site in a safe and organised manner although given the nature of the work some damage, in some circumstances, may be inevitable and unavoidable.

THE AGREEMENT
The Client accepts these terms and conditions by accepting a Quotation provided by the Contractor to the Client and therefore commissioning the Contract to complete the Works.

STUMP GRINDING
The Contractor is not responsible for any damage to underground services or cables unless discussed during Quotation.

All stumps will be removed to a depth of 200mm below the soil level immediately adjacent to the stump. Buttress roots will be included but not lateral roots extending away from the stump.

Some machines used are tracked which may cause damage to lawns and leave marks on slabs.

All debris, resulting from stump grinding, will be left in a safe and organised manner on Site.

PAYMENT
All invoices shall be payable within seven days of invoice via either bank transfer or cheque.

If the Client fails to make a payment due to the Contractor under the Contract by the due date, then, the Client shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this will accrue each day at 8% a year above the Bank of England's base rate from time to time, but at 8% a year for any period when that base rate is below 0%.

THIRD PARTY RIGHTS
Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

GOVERNING LAW
The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.

QUOTATIONS
Any quotation given by the Contractor is valid for a period of three months from its date of issue.

VAT will be charged at the current rate and will be displayed on all quotations and invoices.

The quotation is without obligation on the client.

In the event that an appointment must be cancelled, postponed or the specification of Works changed, the Client must give 24 hours’ notice or be subject to a charge of 50% of the value of the Works previously agreed.

In the event that the Client cancels the Contract after the Works have begun, the Client will be subject to a charge of 75% of the value of the Works previously agreed.

Once the Client has confirmed that that they are satisfied with the Works, the Contractor’s obligations end.

If the agreed Works cannot be completed due to an unforeseen event outside the control of the Contractor, the Client may agree to postpone or the Contract will be deemed terminated.

The Contractor reserves the right to cancel or postpone any Works due to adverse weather conditions that are deemed hazardous by the Contractor.

CANCELLATIONS AND ALTERATIONS
If a Quotation has been offered based on photographs from the Client, the Contractor reserves the right to terminate the Contract if the photographs (in the Contractors opinion) are not representative of the tree or trees in question.

LIABILITY
The Client is responsible for informing neighbours of proposed works to trees overhanging the Client’s boundary and is responsible for any claims resulting from such Works.

The Contractor is not responsible for any damage to underground services and cables, unless they are their presence is specified in the Quotation.

In the event that damage to property occurs through negligence or substandard practices by the Contractor, the Contractor will accept responsibility.

The Client should notify the Contractor of any delicate or sentimental plants prior to works. The Contractor will endeavor to protect the plants as much as possible but due to the nature of the works, some may be damaged.

Depending on the type of tree work and the weather conditions, it may cause some damage to the lawn. The Contractor will endeavor to repair lawn damage, but some may take better weather to repair.

The Contractor is responsible for obtaining all relevant council permissions for Works.

In the event that the Client cancels a Contract after the planning application has been submitted, the Client will incur a charge of £50+VAT.

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 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.

The Contractor is not responsible for any damage to property that may arise from working in adverse weather conditions.

The Client is responsible for informing the Contractor of any changes to the Site from the time of Quotation that may affect the planned processes. The Contractor reserves the right to amend or terminate the Contract as a result of Site changes.

When felling trees, the Contractor will take the tree down to as near to ground level as possible dependant on ground level and foreign objects around the base of the tree.

The Contractor has the right to subcontract all or part of the Works but will still be subject to these terms and conditions.

The Client is responsible for providing copies of any permissions obtained by the client relating to proposed Works on restricted trees before the commencement of Works.

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.

The Client is advised to be at the location of Works when the Work is being carried out. If the Client is not at the Site, the Contractor is not under any obligation to return and amend Works once finished.

Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation; and - breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).