We draw your attention to the limitation of liability clause at clause 11.
In these Conditions the following definitions apply:
Contractor means Beeson Trees Ltd (company number: 13773132) registered office at Rose of Tralee Green Lane, Derbyshire DE12 6JP, including all staff employed directly and indirectly by the company;
Contract means the agreement between the Contractor and the Client for the supply and purchase of Services incorporating these Conditions and the Order and including all their respective schedules, attachments, annexures and statements of work;
Client means the individual or company that commissions the works and accepts a quotation either orally or in writing;
Client Contact – The agreement between the Client and the Contractor for the works specified on the quotation;
Force Majeure means an event or sequence of events beyond a party's reasonable control preventing or delaying it from performing its obligations under the Contract including an act of God, fire, flood, lightning, earthquake or other natural disaster, war, riot or civil unrest, interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service, or material required for performance of the Contract, strike, lockout or boycott or other industrial action including those involving the Supplier's or its suppliers' workforce, but excluding the Customer's inability to pay or circumstances resulting in the Customer's inability to pay;
Order means the order for the Works from the Contractor placed by the Customer;
Property means the property and the land that the Client has requested Works to be conducted.
Quotation means a written description of works, costs, site address and Client details and other such details as required from time to time;
Works – arboricultural practices that comply with British Standard 3998 provided by the Contractor pursuant to the Quotation.
These Conditions apply to and form part of the Contract between the Contractor and the Client. They supersede any previously issued terms and conditions of purchase or supply.
No terms or conditions endorsed on, delivered with, or contained in the Client's purchase conditions, order, confirmation of order, specification or other document shall form part of the Contract except to the extent that the Contractor otherwise agrees in writing.
No variation of these Conditions or to an Order or to the Contract shall be binding unless expressly agreed in writing and executed by a duly authorised signatory on behalf of each of the Contractor and the Client respectively.
Each Order by the Client to the Contractor shall be an offer to provide the Works subject to the Contract including these Conditions.
If the Contractor is unable to accept an Order, it shall notify the Client as soon as reasonably practicable.
The offer constituted by an Order shall remain in effect and be capable of being accepted by the Contractor for 14 Business Days from the date on which the Client submitted the Order, after which time it shall automatically lapse and be withdrawn.
The Contractor may accept or reject an Order at its discretion. An Order shall not be accepted, and no binding obligation to supply any Works shall arise, until the earlier of:
Rejection by the Contractor of an Order, including any communication that may accompany such rejection, shall not constitute a counter-offer capable of acceptance by the Client.
The Contractor may issue quotations to the Client from time to time. Quotations are invitations to treat only. They are not an offer to supply Works and are incapable of being accepted by the Client.
Marketing and other promotional material relating to the Works are illustrative only and do not form part of the Contract.
All Quotations are valid for 30 calendar days only.
VAT will be charged at the current rate (at the date of the beginning of the Works).
All quotes are without obligation.
Variation to the Quotations as a result of:
The Quotation will be revised accordingly, either electronically in advance or in a hand written on the day of work, with agreed amendments signed by the Contractor and the Client.
The work will commence on the agreed date, as specified in the quotation confirmation correspondence between the time of 10:00 and 17:00 unless otherwise stated.
A 'Day' and/or 'Day Rate' for the purposes of the contract are either between 10:00 and 17:00 or between 9:00 and 16:00. A day is limited to only that Day in which the Day began. If the full Day is not used and work continues on the following Day there shall be no accumulation of time.
For example:
Unless expressly stated in the Quotation the works for which these terms apply will not include the cost of ensuring that there is no damage by way of turning and/or dents (this list being non-exhaustive) to the lawn/garden of the Property; in the event that you wish for us to ensure that dents/damage do not occur we are able to rig the descending parts of the tree to minimise damage at extra expense and/or board out the work area to minimise the risk of turning, please note that to do so will increase the time and cost of any works.
By accepting any quotations, either in writing or verbally, the Client enters into a contract with the Contractor to complete the agreed works and constitutes an Order.
The Contractor commits to completing all works to British Standard 3998 and to also leave all work sites clean and tidy although given the nature of the work some damage, in some circumstances, may be inevitable and unavoidable.
The Client accepts these terms and conditions by accepting a quotation and therefore commissioning works.
Unless expressly stated in the quotation all logwood/brash/chippings or other detritus generated as a consequence or as part of the works these terms relate to will belong to and be the property of the Contractor.
The price for the Services shall be as set out in the Quotation (the Price) and are subject to clause 3.
The Contractor shall invoice the Client for the Services, partially or in full, at any time following acceptance of the Order.
The Customer shall pay all invoices:
Time of payment is of the essence. Where sums due under these Conditions are not paid in full by the due date:
Payment must be made by bank transfer or via Cash on completion (on the day). In the event that the Client wishes to pay by cheque, a cheque for the full amount of the agreed works must be provided on the first day and the Client gives the Contractor unconditional authority to lodge said cheque with a bank of their choice at any point prior to or following completion of the works.
The Customer may be liable for a surcharge for work conducted on weekends or a Public holiday. Surcharges are as follows:
The Services shall be performed by the Supplier at the Location on the date(s) specified in the Order.
The Services shall be deemed performed on completion of the performance of the Services as specified in the Order.
The Supplier may perform the Services in instalments. Any delay or defect in an instalment shall not entitle the Customer to cancel any other instalment.
Time of performance of the Services is not of the essence. The Supplier shall use its reasonable endeavours to meet estimated dates for performance, but any such dates are indicative only.
The Supplier shall not be liable for any delay in or failure of performance caused by:
In the event that an appointment must be cancelled, postponed or the specification of works changed, the Client must give 3 Calendar days' notice or be subject to a charge of 25% of the value of the works to be completed (unless otherwise stated).
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 to be completed (unless more than 75% of the work has been completed, in the event of this the work will be billed proportionate to the Works completed).
Once the Client has confirmed that they are satisfied with the works (per the quotation), 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 will agree to postpone or annul the Contract.
The Contractor reserves the right to cancel or postpone any works due to adverse weather conditions that would be deemed hazardous.
If a quotation has been offered based on photos from the Client, the Contractor reserves the right to terminate the Contract if the photo is not representative of the tree or trees in question.
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 Client is responsible for ensuring that area 2 meters either side of the red line marked on the Work Plan is free from animal waste. In the event that such an area is not free from Animal Waste the Contractor at their sole discretion may charge a fee of £50.
The Contractor is not responsible for any damage to underground Works and cables, unless discussed during quotation and the Client has provided a scaled underground plan of such Works.
The Contractor requires that the work area is kept free from vehicles or other objects at all times and the client accepts all responsibility for the same.
In the event that damage to property occurs through negligence or substandard practices by the Contractor, the Contractor will accept responsibility.
The Contractor does not take responsibility for providing relevant parking permits for any controlled parking zones (unless expressly stated otherwise in the quotation), where a pay and display bay is not available within a suitable distance from 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.
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 annul the contract as a result of site changes.
The Contractor has the right to subcontract all or part of the commissioned 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.
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.
If at the Client's request or by agreed works roots are poisoned, the Contractor will have no liability in respect of any damage caused to property, animals or possessions arising from this practice.
The extent of the parties' liability under or in connection with the Contract (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 11.
Subject to clauses 11.5 and 11.6, the Supplier's total liability shall not exceed the sum of £500.
Subject to clauses 11.5 and 11.6, the Supplier shall not be liable for consequential, indirect or special losses.
Subject to clauses 11.5 and 11.6, the Supplier shall not be liable for any of the following (whether direct or indirect):
The limitations of liability set out in clauses 11.2 to 11.4 shall not apply in respect of any indemnities given by the Customer under the Contract.
Notwithstanding any other provision of the Contract, the liability of the parties shall not be limited in any way in respect of the following:
The Contractor is not responsible for any damage to underground services or cables unless discussed during quotation and recorded in writing.
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.
All debris, resulting from stump grinding, will be left on site in a clean and tidy manner.
Neither party shall have any liability under or be deemed to be in breach of the Contract for any delays or failures in performance of the Contract which result from Force Majeure. The party subject to the Force Majeure event shall promptly notify the other party in writing when such the event causes a delay or failure in performance and when it ceases to do so. If the Force Majeure event continues for a continuous period of more than 7 days, the party not affected may terminate the Contract by written notice to the other party.
The Supplier may terminate the Contract or any other contract which it has with the Customer at any time by giving notice in writing to the Customer if:
The Supplier may terminate the Contract at any time by giving notice in writing to the Customer if the Customer:
The Supplier may terminate the Contract any time by giving not less than four weeks' notice in writing to the Customer if the Customer undergoes a change of Control or if it is realistically anticipated that it shall undergo a change of Control within two months.
If the Customer becomes aware that any event has occurred, or circumstances exist, which may entitle the Supplier to terminate the Contract under this clause, it shall immediately notify the Supplier in writing.
Termination or expiry of the Contract shall not affect any accrued rights and liabilities of the Supplier at any time up to the date of termination.
Any notice or other communication given by a party under these Conditions shall:
Notices may be given, and are deemed received:
Any change to the contact details of a party as set out in the Contract shall be notified to the other party in accordance with clause 17.1 and shall be effective:
All references to time are to the local time at the place of deemed receipt.
This clause does not apply to notices given in legal proceedings or arbitration.
Unless stated otherwise, time is of the essence of any date or period specified in the Contract in relation to the Customer's obligations only.
The parties agree that the Contract and any documents entered into pursuant to it constitutes the entire agreement between them and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter.
Each party acknowledges that it has not entered into the Contract or any documents entered into pursuant to it in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in the Contract or any documents entered into pursuant to it. No party shall have any claim for innocent or negligent misrepresentation on the basis of any statement in the Contract.
Nothing in these Conditions purports to limit or exclude any liability for fraud.
No variation of the Contract shall be valid or effective unless it is in writing, refers to the Contract and these Conditions and is duly signed or executed by, or on behalf of, each party.
The Customer may not assign, subcontract or encumber any right or obligation under the Contract, in whole or in part, without the Supplier's prior written consent, which it may withhold or delay at its absolute discretion.
The parties are independent persons and are not partners, principal and agent or employer and employee and the Contract does not establish any joint venture, trust, fiduciary or other relationship between them, other than the contractual relationship expressly provided for in it. None of the parties shall have, nor shall represent that they have, any authority to make any commitments on the other party's behalf.
The Contract and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, the Contract, its subject matter or formation (including non-contractual disputes or claims).