Terms and Conditions of Business
We believe that open and honest working relationships lead to the best business outcomes. To that end we’re publishing our standard Terms & Conditions of Business here, along with an example of the Statement of Limitations that accompanies each report and which forms part of our T&Cs, and links to the professional Codes of Ethics and Conduct that we adhere to.
Standard Terms & Conditions of Business
- Wilson Tree Surveys will undertake to complete the work as agreed with the client subject to these terms and conditions. The scope of the survey will be limited by the client’s instruction, the normal limits expressed or implied by the relevant British Standards, Codes of Practise, or commonly accepted standards of work.
- Notice of the Right to Cancel “Cooling off period” – the client has 14 days to cancel the contract (in writing) from the acceptance date.
- Cancellation of all or part of the work detailed in this quotation with less than five whole working days’ notice will incur a cancellation charge to the value of 50% of the work cancelled. Please ensure that you are happy for the work to proceed before giving an instruction to proceed.
- GDPR compliance – we will aim to protect your personal data in accordance with GDPR requirements and not to directly market our services to you without your prior permission to do so.
- This fee proposal is valid for 6 months from the date of issue.
- All works will be in accordance with the relevant British Standard or other relevant guidance where possible unless specified otherwise. Dimensions specified in reports are approximate.
- In the event of a variation to the quotation as a result of: a) Amendments to works required prior to arriving on site, or b) Changes in site / ground conditions since the original visit, or c) Additional works requested / required whilst on site – the quotation will be revised accordingly, either electronically in advance or in a hand written note on the day of work, with agreed amendments signed by the contractor and the client.
- For costs of £1000 or less, payment by cheque or bank transfer is expected on completion. Over £1000, payment within 10 working days of invoice date is expected. Delayed payment will incur interest at 12% above the current LIBOR interest rate, plus a £75 late payment charge.
- Unsatisfactorily completed work MUST be immediately notified in writing to the consultant or within 48 hours following supply of reports, written documents or other outputs as agreed.
- Where inspection of third party trees is proposed, i.e. ‘neighbours trees’, the contractor will require written confirmation from the tree owner (‘the neighbours’) that access is permitted.
- The contractor has £1million Professional Indemnity Insurance and a copy of the certificate is available on request. The consultant will operate in accordance with good industry practice, their Health & Safety Policy and Procedures and undertake Site Specific Risk Assessments.
- Wilson Tree Surveys reserve the right to conduct preparatory works to ensure the safety of staff, customers and public.
- Wilson Tree Surveys reserve the right to cease work if safety is compromised until adequate control measures are in place.
- The consultant will undertake the works as scheduled but is aware of / may be constrained by ecological and wildlife legislation including The Wildlife and Countryside Act 1981, The Countryside and Rights of Way Act 2000, and The Conservation of Habitats and Species Regs. 2017. This legislation requires the consultant 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.
- This fee proposal has been provided in good faith based on the information available at the time of its preparation and within the limitations of a desk-based assessment of costs. However, aspects of site conditions, tree habit, form and condition, social and legal procedures occasionally come to light during the course of a consultant / client relationship and tree survey that were previously unknown. Under such circumstances, Wilson Tree Surveys reserves the right to renegotiate this fee proposal.
- The client is responsible for providing access such that the works may be carried out, including clearance of obstacles, access through locked gates, and obtaining necessary access permissions. Where needed, obstructions may have to be removed or fences traversed to allow access. Under such circumstances, permission will be sought beforehand where possible. Replacement or repair of damaged fences / gates will be at the client’s own expense.
- Additional terms and conditions relevant to the specific project undertaken will be described in the ‘Limitations’ section of reports supplied to the client. An example of such limitations can be made available on request.
- All reports, drawings, plans, letters, advice and other written communications will be supplied electronically unless otherwise agreed with the client. They are intended for the sole use of the client and may not be shared with any other third party without the express consent of Wilson Tree Surveys. Paper copies may be provided on request, at additional cost.
- Acceptance of this fee proposal is deemed to indicate acceptance of these terms and conditions.
Example Statement of Report Limitations
- The contents are intended for the sole use of the client. It is also understood that the document may be shared with their insurers and the Local Planning Authority. No liability is accepted for their use by any other parties to advance an argument or claim (including legal or financial) without prior consent.
- No liability is accepted for defects hidden from view by soil, vegetation or other obstacles to access.
- Formal assessment of topography, drainage, service conduits, & soil conditions have not been made and are beyond the scope of this report.
- Specific laboratory investigations of soil properties (plasticity index, moisture content, soil suction pressure) have not been made and are beyond the scope of this report.
- This report considers only the potential for the trees to cause damage or injury under normally expected weather conditions. No liability for damage arising from any other source or mechanism is accepted.
- This report will be deemed to be invalid if a history of vegetation related subsidence damage in this or surrounding properties exists but has not been made known to the surveyor.
- This report considers risk mitigation measures, as opposed to risk elimination. Thus, if the tree is retained, a level of risk will remain.
- Site plans: The positions of trees with respect to buildings and other site features are in all cases approximate and should be confirmed by on-site inspection. The plans contained in this report are drawn by hand on an aerial photograph and are not of sufficient accuracy to permit detailed site planning or setting out.
- It is understood that any risks associated with these limitations are accepted by the client.