Last Updated: 7th January 2022

The following terms and conditions will apply to all quotations issued and works carried out by DS Tree Services Ltd:

Definitions

1. “We”, “Us”, “Our”, “The Contractor” shall mean Daniel Severn Ltd of 30 Dabek Rise, Kirkby-in -Ashfield, Nottinghamshire, NG17 9EB trading as D S Tree Services.
2. “You”, “Your”, “The Customer” shall mean the customer for whom the Services carried out.
3. “Site” shall mean the location or locations where the Services carried out.
4. “Services” shall mean the scope of tree surgery, arboricultural advice and liaison with local authorities agreed to be delivered by Us to You and as set out in any quotation issued to you or as varied by any agreement between the Parties.

Parties

5. The parties to this agreement are D S Tree Services Ltd and the Customer identified in any
quotation.
Price
6. The Price for the Services will be the price stated on any quotation issued to the Customer.
7. The Price may be increased as a result of a variation to the scope of the Services.
8. Quotations shall be valid for 8 weeks from the date identified on the

Quotation.

9. All Prices are subject to VAT at the prevailing rate.

Scope of Services

10. We provide tree surgery, arboricultural advice and liaison with local authorities.
11. The scope of the Services to be provided by Us to You will be as stated on any quotation issued by Us to You.
12. You will be deemed to have accepted our quotation when you have:
a. Confirmed your acceptance in writing; or
b. Confirmed your acceptance verbally and allowed us to commence the Services at the Site.
13. The scope of the Services may be varied by agreement between the Parties. (“Additional Services”)
14. We will endeavour to provide You with a written quotation for any Additional Services prior to carrying out the Additional Services.
15. You will be deemed to have accepted the price for the Additional Services by allowing Us to carry out the additional Services at the Site.

Programme

16. We will carry out the Services on, or between the dates that are specified on the quotation or as mutually agreed between the Parties.
17. If Our works are delayed by You, or if We are denied access to the Site on any of the specified or mutually agreed dates, we reserve the right to claim any abortive time incurred for labour, travel costs and idle plant/machinery.
18. The Parties acknowledge that the agreement to the provision of Additional Services may change the dates on which the Services are carried out.

Payment

19. Invoice(s) will be issued by Us upon completion of the Services and are due for payment by You within 30 days of the date of Our invoice.
20. Additional Services will be included on the invoice for the Services.
21. In the event that the Services are deemed to fall within the Construction Industry Scheme (CIS) then a deduction of 20% to cover payments towards Our Tax and National Insurance will be made against the labour element of the Services, which shall be identified on the
Invoice.
22. The amount deducted should be passed by You to HM Revenue & Customs (“HMRC”).
23. Interest – any payment that is made after the payment period stated above will be subject to interest at the rate of 5% per annum above the Bank of England base lending rate, current at the time.

VAT

24. Invoices will include VAT at the prevailing rate which shall be payable by You.
25. In the event that the Services are deemed to be a construction service and you are a VAT Registered contractor, the Domestic VAT Reverse Charge will apply.
26. In this case, VAT will be identified on Our invoice, but You will be responsible for paying the amount of VAT to HMRC and You will pay Us the nett amount within the period stated in Clause 19.

Insurance and Indemnity

27. We will indemnify You against damage to property real or personal, caused by Us in the execution of the Services.
28. We will indemnify You against death or personal injury caused as a result of Us executing the Services.
29. We hold, and will continue to hold the following insurances:
a. Employers Liability Insurance £5,000,000
b. Public Liability Insurance £5,000,000
30. A copy of Our Insurance Broker’s Confirmation of Cover is available upon reasonable request.

Specific Conditions

31. Welfare – We may require the use of welfare facilities that are present at the Site including toilet facilities, a water supply and a nice cup of tea.
32. Stump Grinding – Stump-grinding will be to a depth of 250mm below the immediately adjacent ground level. This will include the removal of the stump and buttress roots but will not include lateral roots unless otherwise specified. You will advise Us of any underground services in the vicinity of the stump prior to starting the job.
33. Arisings - All arisings (inc. twigs / branches / woodchips / logs / trunks / foliage etc) will be removed from the Site and become Our property unless specifically stated otherwise in the quotation or agreed between the Parties.
34. Tree Preservation Orders – Following written/verbal instructions from You, We will check with the Local Planning Authority (LPA):
a. Whether the tree(s) are the subject of a Tree Preservation Order.
b. Whether the trees are located within a Conservation Area.
We will also consider whether a Felling Licence is required from the Forestry Commission (FC). Or if any other permissions / consultations are needed, i.e. Natural England / Environment Agency.
35. Third Party Trees - Where Services are proposed to third party trees, i.e. ‘neighbours trees’, We will need written confirmation from the tree owner. (‘The Neighbours’) that the Services are agreed and where necessary, that access is allowed. If the Services only apply to
overhanging branches that can be pruned from within Your property then permission is not needed but the Neighbour should be advised where practicable.
36. The Site will be left generally ‘clean, tidy and safe’ butt because of the very nature of the Services including the production of wood dust, chainsaw / wood chippings / twigs / leaves and needles etc and the crossing of site personnel (particularly in wetter months) it may not
be in the same condition or state as it was prior to start of the Services. If the Services are spread over multiple days, the Site will be left appropriately and safe.
37. We will undertake the Services in accordance with the programme identified on our quotation but You should be aware that this may be constrained by ecological and wildlife legislation including:
a. Wildlife and Countryside Act 1981.
b. Countryside and Rights of Way Act 2000.
c. Conservation of Habitats and Species Regs. 2012 (amendment).
This legislation requires Us to assess the impact of the Services on nesting birds, roosting bats or similar bats which may result in the Services being delayed.