Terms of work

Please take your time to read through our terms and conditions, these are designed to protect you and ourselves.

Your written or verbal go ahead for work to commence will assume acceptance to these conditions.

Definitions

Contractor: A Branch Above, representing all staff/Sub contractors/Self employed company assistants directly or indirectly employed by the company.

Customer: Person commissioning specified works, unless it has been clearly stated that he/she/they act on behalf of a third party. The company in this case reserves the right not to deal with a third party. In the case of a third party client, a deposit for works agreed with the primary client for whom the third party acts is essential and is set at 35% of the overall quoted price, to be paid at the latest, 7 working days prior to works commencement.

The customer may cancel no order which has been booked in by the contractor, unless the contractor has given his written agreement to the cancellation. Should the customer cancel a booked in job, for any reason, they will incur charges. Normally 10% of the job, but based on other conditions.
The price quoted in the quotation is valid for thirty days, should the customer require extra work or a change to the original quotation, an additional charge will be made. The customers written or verbal acceptance of this quote is a binding agreement to carry out the extra work according to these terms and conditions.
Payment for work is expected in full, Upon completion of work.
As this is a small sole trader company, cash flow is of the greatest importance hence, it would be greatly appreciated if the customer would kindly pay as soon as possible after invoicing.
Methods of payment accepted, Bank Transfer and Onsite card payments all details can be found on the bottom of invoice.
Payments via credit card with have the addition of 2% transaction charge of the total price.
Payments not received within 5 days will automatically receive a 'REMINDER NOTICE'. If payments are still not received that invoice will incur a late payment fee of 10% total invoice.
Work requiring materials, funds to cover material costs should be received 5 working days prior to start date of the work.
The contractor cannot be held responsible for delays to the job commencement date, any problems arising from any delay, financial or otherwise are not the contractor’s responsibility.
The customer is responsible for notifying the contractor of the position of any services at the work site. Any damage to pipes, wires, cables or other is the responsibility of the customer. The contractor will exercise due care when working near services but may have to cease work and leave unfinished if work becomes unsafe. This is not an excuse for reduced payment.
The customer is responsible for investigating and notifying the contractor of any Tree Preservation Orders or Conservation Orders relating to the trees included in the contract. The customer must obtain permission in writing for any work from the Local Planning Authority. The customer is responsible for informing the contractor of the presence of any wildlife including, but not limited to Bats and Nesting Birds in the tree or at the work site. (Wildlife and Countryside Act WACA 1981) (Countryside and Rights of Way Act CRoW 2000)
Should site conditions change after the date of the quotation, the contractor may charge for additional work resulting from changed site conditions
The contractor always endeavours to leave the site clean and tidy, however due to the nature of some sites, ground disturbance may occur. The customer will be responsible for remedying this, unless agreed otherwise beforehand.
Any claim or complaint by the customer must be made, in writing, within seven days from the ‘offence’. Should the contractor accept liability, repair or replacement will be made, like for like, free of charge. As soon as is practical. Failing this the contractor shall be under no obligation to remedy, restore, replace, reduce or rectify any problem.
Should the contractor be delayed due to circumstances beyond our control including for example, (but not limited to) strikes, loss of keys, lockouts, disputes or indecision, charges may be incurred by the customer.
Any advice given or work recommended are only guidelines, the contractor will not be held responsible for any problems resulting from our recommendations
The customer or their representative confirms that all trees, shrubs, etc are owned by him/her or the representative. Or that they have the written authorisation of the owner for the agreed work.
The site will be left generally ‘clean, tidy and safe’ but because of the very nature of the works including the production of wood dust, chainsaw / wood chippings / twigs / leaves and needles etc. and the traversing of site personnel it will not be as it was prior to commencement of works although every effort will be made to return the site to a condition equal to that as found before work commencement or better.
In accordance with the Consumer Rights Act 2015, works will be carried out with a reasonable care and skill and to a reasonable time frame. However, due to the very nature of the works a specific time frame may not be given, this does not affect your statutory rights. If the works are spread over multiple days, the site will be left appropriately and safe and as agreed with the client beforehand.
All arisings including twigs, branches, woodchips, logs, trunks, foliage etc. will be removed from site and become the property of the contractor unless specifically requested by the client and this is agreed and stated in the quotation.
Any construction work carried out will remain the property of the Contractor until the final balance is paid up in full.
Timber is a natural product and is subject to splitting and twisting as it weathers. This is usual and we cannot be held responsible for this process, and any changes to the appearance of the fence, structure etc that may occur.
A delivery charge may be imposed at the contractor’s Discretion.
The customer will be responsible for providing safe and suitable storage and will indemnify the contractor against any damages, expenses, loss or costs which may arise from the customer’s failure to do so.
Where accounts have not been settled, the contractor reserves the right to enter the customer’s property to retrieve such goods which the customers will make available to the contractor.
The customer is responsible for informing neighbours of the intended works and the dates of such works; to include any notifications/permissions for access or relative maintenance of third party trees (Written permission is required in all cases). The contractor reserves the right, unless previously agreed, not to deal with any third parties.
It is the customers responsability to insure work site it clear from any animal feces.
The terms and conditions provided are in accordance with the Consumer Rights Act 2015, Unfair Contract Terms 1977 and the Supply of Goods and Services Act 1982 and do not affect the clients statutory rights. Upon the acceptance and signature the contract becomes legally binding, the client and contractor will be bound to the terms and conditions listed above, failure to adhere to the terms and conditions will result in a breach of the contract.