Terms and Conditions

Contractor: Aspect Water Solutions Ltd T/a Aspect Forestry of Unit 9, Ouzledale Foundry Business Park, Long Ing Lane, Barnoldswick, Lancashire, BB18 6BJ, Company Number 04695453.

Customer: Is the person/s who have requested a quotation for works/authorised the works to proceed and is usually the owner or the owner’s representative in whatever capacity with regard to the said trees.

Quotation: Is the written specification of the works as discussed on site and sent to the Customer.

All costs are net of VAT, which should be applied at the current standard rate, presently 20%, irrespective of the type of works completed, no reduced VAT amount will be accepted.

All sizes are measured approximate.

All quotations are valid for a period of 6 months from quotation date.

All prices on the quotation are inclusive of labour and include removal of all waste from site excluding the Stump/Stump Waste.

Works: Refers to tree work or stump grinding, arboriculture advice and liaising with local authorities.

The Contractor agrees to perform the works in a competent manner according to BS3998 and in compliance to the specification and costs contained within the quotation.

Contract: Refers to an Agreement to complete works as specified in quotation.

Insurance: The Contractor holds Public Liability Insurance to the value of £10 million pounds, a copy certificate can be provided upon request.

Day Work: If a quotation includes a ‘day work’ price the following conditions apply:

A day includes 8 hours from the time our operatives leave our depot and enough time to return to the depot unless otherwise agreed in writing.
Operatives are entitled to statutory breaks within the 8 hour day; these include lunch and two further 15 minute breaks.
Operatives may continue the work beyond the 8 hour period in order to complete the works. A further pro-rata charge will be made in such cases unless the Customer requests the works to finish after the 8 hour period.
Any extra works requested will be subject to point 3 above.

A further quotation will be issued and discussed with the Customer. No additional works will proceed unless agreed with the Customer.

Retentions: The Contractor does not accept retentions of any kind on Commercial Contracts.

In the event of any variation to the quotation as a result of:

Alterations to works required prior to arrival on site
Changes in site/ground conditions since original visit
Additional works requested/required whilst on site since the quotation
Additional works due hidden obstacles uncovered through the duration of the works

Cancellation: The Customer is required to give the Contractor a minimum 48 hours’ notice of cancellation. If such notice is not received the Contractor reserves the right to invoice the Customer 50% of the total price originally quoted.

The Contractor reserves the right to delay, postpone or cancel works affected by inclement/dangerous weather conditions and to resume works as soon as conditions allow.

Payment: Upon completion of works the relevant invoice will be raised and will be due for payment within 7 days for non-account holders, account payments are due 30 days from invoice date this is irrespective of whether or not the instructing party have been remunerated by their client.

Payments can be made in the following ways:

Via credit/debit card by calling 01423 813042 with your card details
By cheque, posting to: Unit 9, Ouzledale Foundry Business Park, Long Ing Lane, Barnoldswick, Lancashire, BB18 6BJ.
By bank transfer to: Account number 45522626, Sort Code 60-60-05

Overdue accounts will be charged interest at a rate of 8% above base rate.

All unpaid accounts will be referred to the Small Claims Court. The Contractor reserves the right to charge debt recovery compensation.

In the event a cheque should return as unpaid to the Contractor an administration charge of £25.00 will be levied.

All materials remain the property of Aspect Water Solutions Ltd T/a Aspect Forestry until such time as they are paid in full.

Local Planning Authority: The trees concerned within the Contract may be in a Conservation Area or may be covered by a Tree Preservation Order.

The Contractor will liaise with the Local Planning Authority to confirm if the trees in the Contract are restricted by a Tree Preservation Order or Conservation Area. If such a restriction is in place The Contractor will complete the relevant application to the Local Planning Authority to proceed with the works, this may however take 6-8 weeks to process dependant on the Local Planning Authority area and is not guaranteed to be successful. Applications will only be completed after acceptance of our quotation.

In the event the Contractor should complete an application on behalf of the Customer and the Customer later rescind the Contractor will levy a nominal fee of £150.00 plus VAT.

In the event the Customer has already obtained the necessary permissions the £150.00 plus vat fee above should not be discounted from our quotation.

Planting: the Contractor cannot accept liability should any shrub/tree planted by the Contractor not thrive. All shrubs/trees are planted according to our suppliers instructions. Newly planted shrubs/trees require frequent watering in order to thrive.

Cable bracing: the Contractor can install cable bracing on a third party recommendation but cannot accept any liability for the braced tree thereafter as a result of its installation.

Complaints: Unsatisfactory works MUST be notified in writing/and or by email, to the Contractor within a minimum period of 48 hours.

Invoice Queries: Any discrepancy relating to the invoice issued must be received in writing within 7 days.

Third Party Trees: If works are to be carried out on third party trees the Contractor will require written permission from the tree owner 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 Customers property then permission is not required but the neighbour should be advised where practicable.

Stump Removal: Stump Removal is NOT included within the quotation unless separately specified.

Stump Grinding involves the removal of the tree stump to approx. 6 to 12 inches (approx.) below ground level. This does not include the removal of lateral/radial roots.

Unless otherwise stated Stump Grinding mulch will be back filled into the area of the remaining stump cavity and will be left on site.

Extensive precautions are put in place to protect property during Stump Grinding operations however, flying debris may sometimes clear the screening. If this should happen and damage occurs The Contractor cannot be held liable.

It is the responsibility of the Customer to inform the Contractor of any underground services not informed about and reserves the right to cancel works deemed a potential hazard. Any injury to operatives caused through contact with undisclosed services will remain the responsibility of the Customer.

Waste: The Contractor holds a current waste removal license from the Environment Agency. All arising’s (except grinding waste), including twigs/branches/wood chips/logs/trunks etc. will be removed from site and become the property of the Contractor unless specifically stated otherwise in the quotation. Grinding Waste will be left on site to be used as garden mulch for the Customer.

Site:

The Site will be left generally ‘clean, tidy & safe’ but because of the very nature of the works including the production of wood dust, chainsaw/wood chips/twigs/leaves and needles etc. and the traversing of site personnel it will not be as it was prior to commencement of works.

If the works spread over multiple days, the Site will be left appropriately safe and as agreed with the client beforehand.

To ensure that the Contractor does not cause unreasonable disturbance or damage they may require the Customer to move such items away from work zone(s). Immovable structures such as garden structures or heavy furniture will be identified to the Contractor in order that damage may be averted.

The Contractor will undertake the works as scheduled but reserves the right to suspend or cancel the works as a result of dangerous circumstances such as the discovery of asbestos, metal running through the tree or any other unforeseen circumstances that could put the contractor or public in danger.

The Contractor is aware of a number of factors that may result in the works being constrained by ecological and wildlife legislation including:

Wildlife & Countryside Act 1981
Countryside and rights of Way Act 2000
Conservation of Habitats and Species Regulations 2012 (amendment)

This legislation requires the Contractor to assess the impact of the works which may result in works being delayed as a result of nesting birds, roosting bats or similar being present.

The Contractor reserves the right to apply a surcharge for damaged chains if unknown obstacles are hit within the tree during its removal. In addition to this if a quotation is given for felling a tree, this is based on the assumption that the tree is free from metal, stone or other hidden obstructions. In the event of a tree being impossible to fell in the normal way, The Contractor reserves the right to re-quote accordingly.

Additional charges for the removal of power lines or telephone cables will be the responsibility of the Customer, unless otherwise agreed with the Contractor.

The Contractor will not be liable for damages or otherwise because of non-performance on a Contract on account of adverse weather/strikes/lockouts/ war/civil commotion/mechanical breakdown or the lack of adequately skilled labour due to causes beyond our control. Further, the Contractor retains the right in such circumstances to cancel the Contract in whole, or in part. Completion dates shall be contingent