QUOTATION TERMS AND CONDITIONS
These Terms and Conditions shall apply to the provision of the services detailed overleaf (“Services”) by Prince Arboriculture ltd, Prince tree surgery a company registered in the UK under number 538416 whose registered office is at 25, Vernon Crescent, CM13 2BH (“Supplier”) to you (“Client”). No other terms and conditions shall apply to the provision of Services unless agreed upon in writing between the Provider and the Client.
2.1 A “business day” means any day other than a Saturday, Sunday or bank holiday.
2.2 The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
2.3 Words imparting the singular number shall include the plural and vice-versa.
3.1 With effect from the commencement date stated in this quotation and in consideration of the Fees being paid in accordance with these Terms and Conditions, the Supplier shall provide the Services to the Client.
3.2 The Supplier shall use reasonable care and skill in its performance of the Services and shall ensure compliance with any and all relevant codes of practice.
3.3 The Supplier shall use its best and reasonable endeavours to complete its performance of the Services within the time agreed as set out in this quotation; however time will not be of the essence in the performance of these obligations.
4. Client Obligations
4.1 The Client shall use its best and reasonable endeavours to provide the Supplier with access to any and all relevant information, materials, properties and other matters which are required to enable the Supplier to provide the Services.
4.2 The Client shall use its best and reasonable endeavours to acquire any permissions, consents, licences or other matters which are required to enable the Supplier to provide the Services.
4.2 The Supplier shall not be liable for any delay or failure to provide the Services where such delay or failure is due to the Client’s failure to comply with the provisions of this Clause 4.
5. Fees [and Deposit]
5.1 The fees (“Fees”) for the Services are set out in this quotation.
5.2 In addition to the Fees, the Supplier shall be entitled to recover from the Client reasonable incidental expenses for materials used and for third party goods and / or services supplied in connection with the Services.
5.3 The Client shall pay the Supplier for any additional services provided by the Supplier that are not specified in this quotation in accordance with the Supplier’s then current, applicable price quoted per task rate in effect at the time of performance or such other rate as may be agreed between the Supplier and the Client. The provisions of sub-Clause 5.2 shall also apply to such additional services.
5.4 The Fees are inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.
5.5 The Client shall be required to pay a deposit on any materials provided (“Deposit”) as detailed in this quotation either at the time of accepting this quotation or within 30 days of acceptance.
5.6 If the Client does not pay the Deposit to the Supplier in accordance with sub- Clause 5.5 the Supplier shall have the right to withhold provision of the Services until the Deposit is received or may terminate in accordance with Clause 9.
5.7 The Deposit shall be non-refundable unless the Supplier fails to provide the Services and is at fault for such failure (where the failure is not the fault of the Supplier, no refund shall be made).
6. Quotation, Contract and Variation
6.1 This quotation constitutes written acceptance and confirmation by the Supplier of the Client’s order for the Services (as agreed between the Supplier and the Client).
6.2 Having issued this quotation which is a contractual offer to provide the Services, the Supplier agrees to enter into a contract for the provision of Services upon the Client’s written acceptance of this quotation and of these Terms and Conditions.
6.3 This quotation is valid for a period of six months only from the date shown overleaf unless expressly withdrawn by the Supplier at an earlier time.
6.4 Either the Supplier or the Client may cancel the order for any reason prior to the Client’s acceptance (or rejection) of this quotation.
6.5 If the Client wishes to vary any details of the Services it must notify the Supplier in writing as soon as possible. The Supplier shall endeavour to make any required changes and additional costs shall be invoiced to the Client.
6.6 If, due to circumstances beyond its control, the Supplier has to make any change in the Services or the arrangements relating to the provision thereof, it shall notify the Client immediately. The Supplier shall endeavour to keep any such changes to a minimum and shall seek to offer the Client arrangements as close to the original as is reasonably possible in the circumstances.
7.1 Following the Client’s acceptance of this quotation, the Supplier shall invoice the Client for the Fees either: (a) upon completion of its provision of the Services; or (b) on the invoice dates set out in this quotation.
7.2 The Client shall pay the Fees due within 15 days of the date of the Supplier’s invoice or otherwise in accordance with any credit terms agreed between the Supplier and the Client.
7.3 Time for payment shall be of the essence of the Contract between the Supplier and the Client.
7.4 If the Client fails to make payment within the period in sub-Clause 7.2, the Supplier shall charge the Client interest at the rate of 5% per week above the Bank of England base rate from time to time on the amount outstanding until payment is received in full.
7.5 Receipts for payment will be issued by the Supplier only at the Client’s request.
7.6 All payments must be made in Pounds sterling unless otherwise agreed in writing between the Supplier and the Client.
[8.1 The Supplier shall be free to sub-contract the provision of the Services (or any part thereof).
8.2 Where the Supplier sub-contracts the provision of the Services or any part thereof it shall ensure that any and all sub-contractors are reasonably skilled in the relevant practices and shall not pass any additional charges that may be incurred through the use of such sub-contractors on to the Client.
9.1 The Supplier may terminate the provision of the Services immediately if: (a) the Client commits a material breach of its obligations under these Terms and Conditions; or (b) the Client is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors.
9.2 The Client may terminate the contract any time up to 24hrs before the set time, Terminations within the 24hr period before agreed time may be liable to a cancelation fee of 40%.
10. Intellectual Property
The Supplier reserves all copyright and any other intellectual property rights (if any) which may subsist in the products of, or in connection with, the provision of the Services. The Supplier reserves the right to take such action as may be appropriate to restrain or prevent the infringement of such intellectual property rights.
11. Liability and Indemnity
11.1 If the Supplier fails to perform the Services with reasonable care and skill it shall carry out all required remedial action at no additional cost to the Client.
11.2 The Client shall indemnify the Supplier against all damages, costs, claims and expenses suffered by the Supplier arising from any loss or damage to any equipment (including that belonging to third parties) caused by the Client.
12. Force Majeure
Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
13.1 All notices under these Terms and Conditions shall be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
13.2 Notices shall be deemed to have been duly given:
(a) when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;
(b) when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
(c) on the fifth business day following mailing, if mailed by national ordinary mail; or
(d) on the tenth business day following mailing, if mailed by airmail.
13.3 All notices under these Terms and Conditions shall be addressed to the most recent address, email address or fax number notified to the other party.
14. No Waiver
14.1 No waiver by the Supplier of any breach of these Terms and Conditions by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.
14.2 No failure or delay on the part of either the Supplier or the Client to exercise any right, power or privilege under these Terms and Conditions shall operate as a waiver of, nor shall any single or partial exercise of any such right, power or privilege preclude, any other or further exercise of any other right, power or privilege.
In the event that one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which shall remain valid and enforceable).
16. Consumer Rights
Nothing in these Terms and Conditions shall affect the Client’s statutory rights as a consumer.
17. Law and Jurisdiction
17.1 These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
17.2 Any dispute, controversy, proceedings or claim between the Seller and the Buyer relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.
18. Stump Grinding
It is the clients responsibility to inform us prior to any works, of any underground services which may be affected by Stump grinding operations, any damage caused as a result of stump removal is the sole responsibility of the client unless prior warnings have been given. All services should be clearly marked by the client before work starts. Stump grinding close to property, such as paving and or fences carries a risk of damage, Prince Arboriculture will give warnings of this possibility and waver any responsibility to repair damage caused. As with all works the up most care and attention will paid at all times. Any third party damage will be the responsibility of Prince Arboriculture ltd this includes the customers property if not directly related to operations.
19. Tree Preservation & protection.
It is the tree owners responsibility to inform us if there is any Tree protection orders in place, covering any trees affected within this quotation. If the tree owner is unsure Prince Arboriculture ltd will make the necessary checks with your local authority. Prince Arboriculture ltd will submit planning applications for tree works on your behalf, but only if our quotation has been accepted, if at any point after the application has been submitted the contract is cancelled by the customer, we reserve our right to charge £45 administration fee.
20. Complaints & damage
Every complaint is taken seriously and logged. Prince Arboriculture ltd will do everything possible to put right any damage or to rectify any mistakes, all damage will be repaired by either our insurance company, Prince Arboriculture ltd or by one of our own contractors at our own expense, we will not pay for repairs carried out by other contractors, It must be proven or without doubt that any damage was our fault. Any mistakes will be rectified to the very best standard that we are able to achieve, and only if this is not possible will a discount be offered. Any plants or trees supplied and planted are done so at the clients risk and will not be replaced to the cost of Prince Arboriculture ltd, advise on aftercare is freely available from Prince Arboriculture ltd.