For the purpose of these terms & conditions the following words shall have the following meanings:
(a) “The Contractor” shall mean Mr Thomas van den Broek T/A vdB Tree and Garden Care of 25 Princess Avenue, Chirk, Wrexham, LL145LG, and all staff directly or indirectly employed by vdB Tree and Garden Care.
(b) “The Customer” shall mean the person or organisation for whom the Contractor agrees to carry out works and/or supply materials.
(c) “The Operative” shall mean any representative appointed by the Contractor.
(d) "Quotation" or "Quote" shall mean written specification of the works as discussed on site and sent to the client.
(e) "Works" shall mean tree surgery, tree works, planting, hedge trimming, grass cutting, garden maintenance and services, grounds maintenance, arboricultural advice and work, and any other work indicated in a written Quotation.
(f) "Contract" shall mean the agreement between vdB Tree and Garden Care and a Customer in which the Customer requires vdB Tree and Garden Care to undertake certain specified works and vdB Tree and Garden Care agrees to do this for a given remuneration disclosed in a quotation.
2. Discretion to accept or reject work
The Contractor reserves the right to refuse or decline work at the Quotation stage at their own discretion. Where the Contractor agrees to carry out works for the Customer those works shall be undertaken by the designated operative of the Contractor at its absolute discretion.
3. Written Quotation
All quotations and cost estimates are without obligation.
Quotations are valid for one month from their date of issue, after which time the Contractor is entitled to draw up a new quotation/amend costs
4. Entering into an agreement, execution of commission
The Contract takes effect on acceptance by the client, either verbally or in writing, of the quotation submitted by the Contractor.
The contractor commits itself to executing the works to the best of its ability, thereby employing sound professional knowledge, skills and experience, with due regard to the Customer’s requirements and in compliance with all relevant regulations and standards.
The contractor shall take all necessary steps to ensure that the worksite is left clean, tidy and safe on completion of all works (unless agreed otherwise in writing on Quotation).
All of the Contractors work is by written quotation agreed with the Customer. Where a written quotation has been supplied to the Customer the total charge to the Customer referred to in the quotation should be the amount payable, but may be revised in the following circumstances:—
(i) if after submission of the estimate the Customer instructs the Contractor (whether verbally or in writing) to carry out additional works not referred to in the quotation.
(ii) if after submission of the quotation it is discovered that there was a manifest error when the quotation was prepared. At which time the Customer will be contacted before works are carried out. The Contractor shall not be bound by any quotations given orally or in which manifest errors occur.
5. Invoices and Payment
Invoices are due for payment upon completion of work within 7 days of delivery to the Customer (unless otherwise agreed in writing prior to works beginning). We require payment to terms, payment must be made on time, in full, and without any deduction, offset or counter claim. Where invoices are overdue and payment has not been received, vdB Tree and Garden Care reserves the right to charge daily interest on the debt at a rate of 8% over the Bank of England base rate on a weekly basis. In the event an account remains outstanding, we will refer the matter to our debt collection agents, which will incur further costs of up to 20% of the total bill outstanding at the time of referral plus VAT at the appropriate rate. Any costs incurred to collect the debt will be added to the debt by the collection agents, plus VAT at the prevailing rate. You agree upon booking our services that you will be legally liable to pay us that surcharge, and that payment of the same can be enforced against you in Court. You also agree to pay interest at the relevant reference rate provided for under the Late Payment of Commercial Debts (Interest) Act 1998, which interest is payable both after and before any judgement of the Court and continues to accrue.
No refunds will be issued for work done by the Contractor. If the Customer is dissatisfied with the level of work then notice should be made for remedial work to the Contractor (see item 9 below). In the case of an invoice being paid upfront before work commences and the Customer decides that work should not commence the Contractors cancellation (see item 8 below) shall be followed.
6. Fixed Dates/Times
Where the date and/or time for works to be carried out is agreed by the Contractor with the Customer, then the Contractor shall use its best endeavours to ensure that the operative shall attend on the date and at the time agreed. However the Contractor accepts no liability in respect of the non-attendance or late attendance on site of the operative or for the late delivery of materials.
7. Customer Liability
The Customer shall accept sole liability to discharge the Contractor’s account unless s/he discloses to the Contractor when initially instructing them to carry out work and/or supply materials that s/he is acting on behalf of a third party including, but not limited to, a Limited Company or partnership and is in receipt of a written quotation clearly showing the name of the third party on whose behalf the work is being undertaken.
If the Customer cancels their instructions after agreeing to a quotation, but prior to any work being carried out or materials supplied then the Customer shall be liable for any related expenditure together with an administration fee of £50.00.
9. Notification for Remedial Works
If the Contractor shall have carried out the works and the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 2 weeks to the Contractor and shall afford the Contractor and its insurers the opportunity of inspecting such works and carrying out any necessary remedial works if appropriate. The Customer accepts that if s/he fails to notify the Company within 2 weeks from the date the work was carried out the Contractor shall not be liable in respect of any defects in the works carried out.