1. Interpretation

1.1 In these conditions:

‘CLIENT’ means the person named on the Proposal Letter for whom the Supplier has agreed to provide the Specified Service in accordance with these Conditions.

‘CONTRACT’ means the contract for the provision of the Specified Service.

‘PROPOSAL LETTER’ means the sheet to which these Conditions are appended.

‘SPECIFIED SERVICE’ means the service to be provided by the Supplier for the Client and referred to in the Proposal Letter.

‘SUPPLIER’ means Green Frontiers Garden Care Limited (registered in England and Wales under number 4311431).

1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.

2. Supply of the Specified Service

2.1 The Supplier shall provide the Specified Service to the Client subject to these Conditions. Any changes or additions to the Specified Service or these Conditions must be agreed in writing by the Supplier and the Client.

2.2 The Specified Service shall be provided in accordance with the Proposal Letter and otherwise in accordance with International Arboriculture standards.

2.3 The Supplier many at any time without notifying the Client make any changes to the Specified Service which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Specified Service.

3. Charges

3.1 The charge agreed by the Supplier is calculated taking into account the site conditions and access to the site at the time of the preparation of any estimate or quotation and the Supplier reserves the right to alter the charge if the site conditions or access are altered in any way prior to or during the carrying out of the Specified Service.

3.2 Subject to any special terms agreed in writing the Client shall pay the Supplier’s charges for the provision of the Specified Service in full. The supplier’s charges are calculated to be sufficient to complete the Specified Service and are not an indication of the Supplier’s time or the number of personnel on site.

3.3 All charges quoted to the Client for the provision of the Specified Service are exclusive of any Value Added Tax, for which the Client shall be additionally liable at the applicable rate.

3.4 The Supplier shall be entitled to invoice the Client following completion of the Specified Service or at other times agreed with the Client. The invoice shall be paid by the Client (together with any applicable Value Added Tax, and without any set-off or other deductions) within 14 days of the date of the Supplier’s invoice. If payment is not made on the due date, the supplier shall be entitled, without limiting other rights it may have, to charge interest on the outstanding amount (both before and after any judgment) at the rate of 1.5% per month from the due date until the outstanding amount is paid in full.

4. Warranties and Liability

4.1 The Client warrants to the Supplier that all the plant matter identified in the Specification is owned solely by the Client.

4.2 The Supplier warrants to the Client that the Specified Service will be provided using reasonable care and skill and, as far as reasonably possible, in accordance with the Specification and at the intervals and within the times referred to in the Proposal Letter, subject to adverse weather conditions.

4.3 The Supplier shall not be responsible for any direct or indirect losses sustained as a result of non-performance of the Contract due to adverse weather conditions, strikes, lockouts, war and civil commotion, or lack of adequately skilled labour due to causes beyond the Supplier’s control (e.g. sickness) and the Supplier reserves the right to terminate the whole or any part of the Contract on the occurrence of any of these events.

4.4 The Supplier shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client.

4.5 Except in respect of death or personal injury caused by the Supplier’s negligence, or as expressly provided in these conditions, the Supplier shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Supplier its servants or agents or otherwise) which arise out of or in connection with the provision of the Specified Service or their use by the Client, and the entire liability of the Supplier under or in connection with the Contract shall not exceed the amount or the Supplier’s charge for the provision of the Specified Service, except as expressly provided in these conditions.

4.6 The supplier shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Supplier’s obligations in relation to the Supplier‘s reasonable Control.

5. Operations

5.1 Prices for pruning, felling and stump grinding are calculated on the basis that the wood or trees are free from metal, stone or other hidden objects. If any of the Supplier’s machinery is damaged as a result of coming into contact with any such object the Supplier shall be entitled to the cost of repair or replacement of the damaged machines or their identifiable parts from the Client.

5.2 Stump grinding will not be carried out on the same day as any tree planting, pruning and felling to be carried out under the same contract. Stump grinding only covers the grinding of the tree stump to a depth of 100 mm below the surface of the ground and does not include the grinding of lateral root or root flares. It is likely that this operation will disturb the soil and grass surrounding the site of the stump and as such the Supplier accepts no liability for any such disturbance whatsoever. All arisings from the grinding operation will be left in the ground by the Supplier.

5.3 Stump poisoning is not included as a service under stump grinding. The Supplier cannot guarantee the success of any single stump poisoning operation and the Client acknowledges that a number of applications may be required to achieve the intended result.

5.4 Treatments, fertilisation and pest control will not be carried out on the same day as tree planting , pruning and felling to be carried out under the same contract and the Supplier shall not be liable for any unforeseen or abnormal reaction on any plants from the use of any treatments, fertilisers or pest-control substances.

5.5 The Supplier’s machines generate approximately 80 decibels of noise and the Supplier accepts no liability arising out of the use of those machines.

5.6. Where any plants are protected by a Tree Preservation Order or are located within a Conservation Area as notified by the Client the Supplier shall lodge applications with the relevant Local Authority where necessary at the cost of the Client. The Client should be aware that the Authorities can take up to eight weeks to process a claim and the Supplier does not guarantee the success of any application.

6. Client’s Obligations

6.1 The Client must consider and investigate the existence of any private covenants and advise the Supplier in writing of their existence otherwise the Supplier accepts no liability whatsoever arising from the breach of covenants.

6.2 The Client is to provide a detailed and accurate plan showing the layout and location of all underground pipes, wires or cables prior to entering into the Contract otherwise the Supplier can accept no liability whatsoever for any damage to the pipes, wires or cables during the fulfilment of the Contract.

6.3 The Client is to arrange and pay for the temporary cessation to the supply of power and telephone services along any media identified by the Supplier as being at risk.

7. Termination

7.1 The Client shall be entitled to terminate the Contract at any time by giving written notice to the Supplier to arrive at least before 07.30 hours on the day before the work is due to commence. If a termination notice is received after that time the Client shall pay to the Supplier a fee equivalent to 50% of the Contract fee.

7.2 Either party may (without limiting any other remedy) at any time terminate the Contract by giving written notice to the other if the other goes into liquidation, or (in the case of an individual or firm) becomes bankrupt, makes a voluntary arrangement with his or its creditors or has a receiver or administrator appointed.

8. General

8.1 These Conditions (together with the terms, if any, set out in the Proposal Letter) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.

8.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to the provision to the party giving the notice.

8.3 No failure or delay by either party in exercising any of its rights under the Contact shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.

8.4 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.

8.5 Any dispute arising under or in connection with these Conditions or the provision of the Specified Service shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application of either party by the President for the time being of the Law Society of England and Wales.

8.6 English law shall apply to the Contract and the parties agree to submit to the non-exclusive jurisdiction of the English courts.