Terms & Conditions
Any report is provided for the sole use of the named client and is confidential to the client and his professional advisors. The consultant accepts responsibility to the client alone for the stated purposes of the report, which will be prepared, with the skill, care and diligence reasonably expected of a competent Arboricultural Consultant, but no responsibility whatsoever is accepted to any person other than the client himself. Any other such person relies upon the report entirely at his own risk. Neither the whole nor any part of the report or any reference thereto may be included in any published document, circular or statement nor may it be published in any way without the Consultant's prior written approval of the form and context in which it may appear.
The client shall pay the consultant his fee for the report regardless of any outcome. In addition, the client will reimburse the Consultant the cost of all reasonable out of pocket expenses which he may incur. Payment in full of the total amount due must be paid within 30 days and the Consultant shall be entitled to charge interest both before and after any judgement of the amount unpaid, at the rate of 10% per month from time to time, until payment in full is made (a part of the month shall be treated as a full month for the purpose of charging interest). No discount nor retention or set off against the same due is allowed unless previously agreed by the Consultant in writing. We reserve the right to charge interest on all overdue accounts to 10% per week and will instruct a debt collection agent to recover costs plus interest and fees if the account remains unpaid beyond 3 months. The report is valid from the date of the report for one year following the receipt of payment in full for the services provided.
In making the report, the following assumptions will be made by the Consultant (and these are therefore matters for which no responsibility can be accepted by the Consultant):
(i) that the land, which is the subject of the inspection or survey, is not subject to any unusual or especially onerous restrictions, encumbrances or outgoings and that good title can be shown
(ii) that the land and its value are unaffected by any matters which might be revealed by a local land search or replies to conveyance enquiries or by any statutory notice and that neither the land nor its condition nor its uses nor its intended uses is, or will be unlawful or contrary to planning or building regulations
(iii) that inspection of those parts of the land or soil strata or any tree which have not been inspected would neither reveal material defects nor cause the Consultant to alter his opinion materially
(iv) that there are not underground pipes, wires, cables or others services or installations which might be damaged as a result of work recommended or necessary
(v) that no tree is the subject of or protected by a Tree Preservation Order or the terms of a planning consent, in relation to which the Client must make his own enquiries of the Local Planning Authority responsible.
The Consultant will provide his opinion on those matters in respect of which he has given the Client express written confirmation and subject to the limitations and conditions then stated.
It is possible that the report will suggest further investigation works to be carried out by a specialist firm or person e.q. Structural Engineer, Surveyor, drain or electrical engineer. On no account will liability be accepted by the consultant in respect of matters on which the client is recommended to obtain such other specialist advice or if the client proceeds or acts without obtaining and acting upon the relevant further advice.
The report will not purport to express an opinion about or to advise upon the condition of un-inspected parts of the land or trees and should not be taken as making any implied representation or statements about sum parts.
The consultant will carry out such work with the skill, care and diligence that can reasonably be expected of a competent arboricultural consultant, always bearing in mind the limitations of the inspection.
Preliminary surveys are visual inspections that do not include any information on engineering, no root or soil samples are taken for analysis and trees are not climbed.
The consultant will inspect as much of the land and trees as is practicable given the scope of his instructions and the level of fee agreed. He will be under no obligation to inspect those areas that are unexposed or not readily accessible.
Except where the contrary is stated, parts of the land or of the trees which are covered, unexposed without excavation or inaccessible without climbing, will not be inspected.
Without specific written instructions, the consultant will not report on the condition of other parts of the land or trees.
The report shall provide information as to the overall condition of the land and trees and is not intended to be an inventory of every single defect that might insignificantly affect the clients' proposal.
Any verbal information given by the consultant prior to the clients' receipt of the written report shall not be construed as a representation or warranty and should not be relied or acted upon.
(i) Subject as expressly provided in these conditions, and except where the client is sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied by the statute or common law are excluded to the fullest extent permitted by law.
(ii) Any claim by which the client is based on any defect in the nature or quality of the consultant's services shall be notified to the consultant within 7 days from the date of supply.
(iii) Except in respect of death or personal injury caused by the consultant's negligence, the consultant shall not be liable to the client by reason' of any representation, or implied warranty, condition or other term, or any duty at common law, or under the express terms of any contract, for any consequential loss or damage (and whether caused by the negligence of the consultant, his employees or agents or otherwise) which arise out of or in connection with the consultant's services, except as expressly provided in these conditions.
(iv) The consultant 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 consultant's Obligations in relation to the services he renders if the delay or failure was due to any cause beyond the consultant's control.
Each provision of these conditions limiting or excluding liability operates separately in itself and survives independently of the others.
Any dispute arising out of or in connection with the contract between the client and the consultant shall be referred to the arbitration or a single arbitrator appointed by agreement between the parties or, in default of agreement, nominated on the application of either party to the Arboricultural Association. The consultant reserves the right to refuse work(s) if a conflict of interest is identified or arises. Quotations are valid for 28 days from the date of the quotation.
The contract between the client and the consultant shall be governed by the laws of England.
Minerva Mill, Station Road, Alcester, B49 5ET