The Contractor agrees to perform the work in a competent manner according to BS3998 and in compliance to the specification and quotations contained in the estimate.
ALL CONTRACTS
All Contracts and instructions are accepted on the basis of payment of full invoice price whether being bank transfer or cash within two days of the date of invoice. Amendments to the Contract must be made in writing. Any contract that is to be cancelled, rescheduled or postponed will required 3 working days notice to MSTS LTD, if this notice is not made, we reserve the right to charge the full or partial invoice price. We reserve the right to add a £50 or 5% surcharge whichever is greater on overdue payment which is not paid within 5 day period. We then add a further £10 or 1% per day until the balance is cleared, or refer the unpaid invoice to a debt recover agency, or both.
VALUE ADDED TAX
Where applicable, V.A.T. will be charged at the current rate.
COMPLAINTS
Any complaints which may arise from work performed under any Contract arising from acceptance of the estimate must be made within the period of three days from the date of invoice, unless agreed in writing to the contrary.
TREE PRESERVATION ORDERS, CONSERVATION AREAS, TREE OWNERSHIP
The trees concerned in the contract may be in a Conservation Area or be subject to a Tree Preservation Order. Upon receipt of the Owner’s written acceptance of the Contract, MSTS LTD will obtain the necessary permission to carry out the work from the relevant authority. MSTS LTD accept no responsibility for work carried out to trees located in land adjacent to clients land boundaries, unless we have been made fully aware of the ownerships boundary, which must have been clearly marked and agreed by the client & any subsequent landowners prior to work commencing. Any errors made for work carried out, will be the sole responsibility of the client. We advise that all clients make enquiries or discuss any pending tree works with neighbours or land owners for clarity & prior to work commencement, to avoid any misunderstandings of tree ownership.
PRIVATE COVENANTS
Investigation of Private Covenants shall be the responsibility of the Owner and no liability shall attach to the Contractor for a breach of any such Covenant.
UNDERGROUND SERVICES
Unless a plan showing the exact location of underground pipes, wires or cables has been forwarded to us by the Owner of the land (or his agent) prior to the formation of the Contract, the Contractor shall be under no liability for the damage caused as a result of work performed under the Contract to such pipes, wires or cables, or for any damage to property resulting there from, and the Owner of the land or his agent shall be solely liable for any such damage.
POWERLINES OR TELEPHONE CABLES
Any charge for the removal of power lines or telephone cables to be the responsibility of the Owner, unless otherwise agreed in writing with the Contractor.
COMPLETION OF CONTRACT
The Contractor will not be liable in damages or otherwise because of non-performance of a Contract arising on account of Adverse weather conditions, strikes, lock-outs, war and civil commotion, or the lack of adequately skilled labour due to causes beyond our control. Further, we retain the right in such circumstances to cancel the contract in whole, or in part. Completion dates shall be contingent upon weather conditions. If undisclosed obstructions or serious defects, in or around the tree structure are found during works that require re-pricing, we reserve the right to re-quote the works being undertaken.
EXPIRY OF QUOTATION
60 days after the submission of the quotation, the Contractor reserves the right to withdraw and re-price work, unless otherwise agreed in writing on acceptance of instructions from the Owner.
HIDDEN OBSTRUCTIONS
Quotations for felling are based on the assumption of trees being free from metal, stone or other hidden obstructions. In the event of a tree being impossible to fell in the normal way, the Company reserves the right to re-quote accordingly or to leave the remaining tree structure or stump at the resultant height, in a safe condition.
STUMP GRINDING
Stump grinding involves the removal of the tree stump to 5-12 inches (approx.) below ground level but does not include the removal of lateral root or stump chippings unless specified in a written quotation.
SITE CONDITIONS
The Contract price is based on the site conditions existing at the time of the preparation of the original estimate remaining unchanged. If the site conditions have changed & could impact on the works completion time or
capability to carry out the works, we reserve the right to charge for additional labour at £200.00 +VAT Per Hour or as required if additional machinery is required. We also reserve the right to cancel any contract immediately, & without notice if an agreement cannot be resolved on site prior to works commencing. MSTS LTD will not be liable for any cost to the client by the termination of the contract.
INSURANCE COVER
All work carried out by the Contractor is covered by a £5,000,000 Public Liability Insurance £10,000,000 Employers Liability Insurance for damage to persons or property may result in the implementation of the Contract.
