Branch Manager Terms and Conditions of Contract
The contractor
The contractor agrees to perform work in a competent manner and in compliance with the spec contained in the job spec/quote/price.
Amendments
Amendments to the contract spec and price, must be made in writing and agreed by both parties.
Payment
All contracts are accepted on the basis of full payment on completion of work or within invoice term if agreed prior. Interest maybe charged on any amount owing after the due date at a rate of 2.5% per month. Any expenses, disbursements and legal costs incurred by Branch Manager in the enforcement of any rights contained in this contract shall be paid by the customer, including any reasonable solicitors fees or debt collection fees.
Complaints
Any complaints which may arise from work performed under any contract arising from acceptance of the spec/quote/price must be made within seven days of completion of contract.
Tree preservation and conservation areas
The trees concerned in the contract may be protected by a local or regional authority. Where it is necessary to obtain consents from the relevant authorities, it will be the responsibility of the tree owner, unless Branch Manager is authorised by the owners to carry out this service.
Private covenants and boundaries
Investigation of private covenants and boundaries shall be the responsibility of the client and no liability shall be attached to the contractor for a breach of any such covenant or boundary. The client must obtain written permission from all tree owners prior to Branch Manager commencing work.
Underground services
Unless the exact location of underground pipes, wires or cables has been supplied to us prior to the formation of the contract, the contractor shall be under no liability for any damage caused to them under the contract. The client shall be solely liable for any such damage.
Hidden obstructions
The spec/quote/price is based on the assumption that the trees are free from metal, stone or other hidden obstructions. In the event of a tree being impossible to fell in the normal manner, the company reserves the right to re-quote accordingly.
Access
The tree owner accepts full responsibility for their driveways and paths and understands that to carry out work specified in the contract, it may be necessary to use heavy machinery that could damage driveways and paths. The contractor will not be liable for damage caused to driveways and paths.
Insurance cover
All work carried out by the contractor is covered by $1,000,000 public liability insurance for damage to persons or property that may result in the implementation of the contract.
Liability limit
The contractors liability shall be limited to the maximum amount of the spec/quote/price of the contract.
Wood and wood chips
All wood and wood chips removed from site shall be deemed the property of Branch Manager unless specifically agreed in the terms of the spec/quote/price. Stump grindings are not removed from site.
Expiry of spec/quote/price
Three months after date of spec/quote/price, the contractor reserves the right to withdraw and re-price the contract.
Cancellation fee
Branch Manager reserves the right to charge a cancellation fee of 25% of the contract if less than 12hrs notice of cancellation is given.
Arbitration
Should any dispute arise to the interpretation of the contract, it shall be referred to arbitration in accordance with the Arbitration Act 1908 and its amendments. Any decision of the arbitrator shall be final and binding upon the parties.