Legal – Terms and Conditions (v1.1 July 2017)

By using this website, (www.arborist-direct.co.uk) Users and Clients (also herein sometimes referred to as “You” or “Your”) accept these terms and conditions (the “Terms and Conditions”) and those of the separate Privacy Policy also published on this website.

Definitions:

  1. Company: Arborist Direct Ltd (A business owned and operated by CM Assets Ltd) which operates this website. (Hereinafter sometimes also referred to as “We”)
  2. User: Person or company entering, reading, viewing, using the website or making contact with any party contacted through this website or the contact details contained on it.
  3. Client: A person or company requesting information, via a User, quotations for Services or commissioning for Services with an Arborist Direct Local Service Provider contacted through this website.
  4. “Arborist Direct Local Service Provider” (Hereinafter, the “Local Service Provider” as displayed on this website) is the, local service provider which is either a joint venture partner or franchisee of Arborist Direct, vetted and approved by Arborist Direct to receive communications from Users and Clients with a view to providing Quotations and contracting for the provision of Services.
  5. Services: Refers to arboricultural services, works and advice, including tree surgery and surveys and any other services which may be advertised on this website or which may be requested by a Client. Services available may vary from time to time depending on the workload of the Local Service Provider and availability of people and machinery. As all work is highly skilled and often machinery dependent, Arborist Direct does not guarantee the availability of the services at all times. Service availability can only be confirmed by Users and Clients by speaking directly with the Local Provider to confirm scheduling resources.
  6. Quotation: Written specification and price of the specific Services requested by a User/Client and sent to the User/Client from the Local Service Provider.
  7. Contract: Agreement between a Client and a Local Service Provider for provision of certain specified Services to be undertaken in exchange for a given remuneration.

 

About this website

  1. The purpose of this website is to provide information for private and commercial Users and to put website Users and Clients in touch with vetted and approved Local Service Providers which can provide quality arboricultural services locally in the required area for Clients.
  2. We do our best to ensure that content on this website is up to date and accurate and to correct and omissions or errors as soon as they are identified.
    1. We cannot guarantee that the content is always up to date, or that it applies to each individual circumstance
    2. Content on this site is not intended for use as reference or substitute for professional or legal advice.
    3. Every individual arboricultural circumstance is different and in all instances appropriate professional advice should be sought from our Arborist Direct Service Providers or from other suitable professionals as required.
  3. The contents of arborist-direct.co.uk including articles, images, graphics and all other material (the “Content”) are the copywrite material of Arborist Direct (CM Assets Ltd) for User’s private use and informational purposes only.

 

Quotations

  1. Unless otherwise agreed between the Local Service Provider and the User/Client, all quotations and estimates of cost will be free and without obligation.
  2. Quotes or estimates for leads will be supplied as quickly as possible.
  3. Quotations to be valid for at least 2 weeks, after which the Local Service Provider is entitled to draw up a new quotation/ amend costs.

Entering into a Contract for provision of Services

  1. The Contract takes effect following the acceptance of the User/ Client, either verbally or in writing, of the quotation submitted to them by the Local Service Provider.
  2. The Local Service Provider shall commit to completing the Services / works agreed to the best of its ability, using sound professional knowledge and ability in accordance with all relevant standards and regulations.
  3. The Local Service Provider shall wherever possible employ all necessary steps to leave the worksite clean, tidy and safe following completion of works.
  4. Contracts are solely between the User/Client and the Local Service Provider. Arborist Direct nor its associated businesses or owner CM Assets Ltd hold any responsibility for provision of Services, quotations or Contracts. However, Arborist Direct chooses and vets Local Service Providers carefully with the aim of providing Users/ Clients with some of the very best arboriculture and tree surgery services in their area.

 

Contract Amendments/ Cancelations/ Termination

  1. All Quotations and Contracts shall be between the User/Client and the Local Service Provider directly. As such, Arborist Direct can hold no responsibility for contracting or works agreed and carried out by the Local Service Provider, and the information provided in this website may be superseded by individual Contracts. The following notes (a – f) are guidelines only and may be superseded by quotations, Contracts or agreements, written or verbal, made between a User/ Client and an Local Service Provider contacted though this website.
    1. Scheduled works should be cancelled by a Client within the notice period agreed or advised by the Local Service Provider. If such notice is not given, a minimum change (agreed with or advised by the Local Service Provider) may be due.
    2. Additional works requested by a Client falling outside of an original Quotation may be specified in a new Quotation.
    3. The Local Service Provider may reserve the right to cancel or delay works which: i) are compromised by unforeseen circumstances. Ii) interfere with wildlife habitats, especially if these are for protected animal species, iii) are affected by bad weather causing dangerous working conditions, iv) are deemed or discovered to be a potential hazard.
    4. In the event of a Client withdrawing a Contract following commencement of works, the Client may be due to pay the Local Service Provider a remuneration based on a percentage of the price agreed for the works at the start of the Contract.
    5. In the event of liquidation or bankruptcy of a Client, the Local Service Provider may be entitled to postpone the Contract, request immediate payment of the agreed remuneration or cancel the Contract.
    6. In the event of force majeure over which the Client or the Contractor has no influence and which prevents the Contracted obligations from being carried out, the Client or the Local Service Provider may agree to either annul or suspend the Contract.

 

Liability

  1. The Local Service Provider contacted by a User or Client is responsible for all works or claims which may arise from a Quotation or a Contract.
  2. Arborist Direct does not form any contract or agreement with Users or Clients for provision of the Services.
  3. The liability and responsibility of Arborist Direct does not go beyond the provision of the information provided within this website.

 

Warranties

  1. The Users and Clients indemnify Arborist Direct against any claims made in relation to Quotations or Contracts for Services or works planned or carried out by a Local Service Provider contacted through use of this website.

Arborist Direct Service Provider Obligations

  1. Arborist Direct does not oblige the Local Service Providers to provide the Services. Service provision is agreed between the Client and the Local Service Provider on a case by case basis and is fully dependent on agreement and availability of the Local Service Provider. The quotation provision, works scheduling, manpower availability, machinery availability is out with the control or responsibility of Arborist Direct.
  2. Local Service Providers are vetted by Arborist Direct to ensure that at the time of becoming an Local Service Provider;
    1. they hold public liability insurance
    2. they hold employer’s liability insurance
    3. they agree to the Arborist Direct ‘Service Level Agreement’ meaning that they agree to provide a good quality of service and to be polite to Users and Clients.
    4. they are only accepted by Arborist Direct once they affirm their knowledge and willingness to work within industry requirements and guidelines and show that they are aware of and confirm that they agree to work within the law and Health and Safety Executive rules for any works carried out for provision of the Services.

 

Client Requirements

  1. In some cases, it is the legal responsibility of the Client to;
    1. make sure that the tree/s concerned is/are not covered by a Tree Preservation Order (TPO)
    2. make sure that there are no conservation issues with the tree or trees that affect European protected species such as dormice, bats or otters.
    3. informing neighbors in the event where works to complete agreed Services need to be carried out on their tree/s and which necessitates access to their property.
    4. as is normal for arboricultural services, unless otherwise agreed, the Client indemnifies the Local Service Provider from any claims from third parties arising after completion of the works.

In these cases your Local Service Provider may be able to advise on actions required or on Your best course of action.

  1. Arborist Direct strives to ensure that Local Service Providers are capable and trustworthy which excel in provision of the Services in their local territory. As such Arborist Direct and the Local Service Providers greatly value Your feedback and referrals so that we can make sure that our services continue to be provided at the best possible standards and level of client satisfaction.

 

Payment

  1. Users and Clients can use the Arborist Direct website free of charge
  2. Quotation, contracting, invoicing and payment for the works is la carried out directly between the Local Service Provider and the Client. As such all payments for Services and works should only ever be made directly to the Local Service Provider.

 

General

  1. Arborist Direct, our Local Service Providers and employees are not liable for any loss or damage arising from a User’s or Client’s use of, or reliance upon the information contained on our website, or any failure to comply with these Terms and Conditions, where such failure is due to circumstances beyond our reasonable control.
  2. If we waive any rights available to us under these terms and conditions on an occasion, this does not mean that those rights will automatically be waived on any other or subsequent occasion.
  3. If any part of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

 

Security and virus protection

  1. No data transmission over the internet can be guaranteed as totally secure. While we do our best to protect information received, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, such transmission is at your own risk. We will not be liable for any damages or loss arising out of or resulting from any unauthorized access to, alteration to or modification of information contained on this website.
  2. We make every effort to check and test our website during production. You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. It is always wise for you to run an anti-virus program on anything you download from the internet.
  3. We accept no liability for any loss, disruption or damage to your computer system or your data caused by using this website or arising as a result of having used the website.

 

Legal

  1. The use of this website by Users and Client’s, these Terms and Conditions and the Privacy Policy shall be bound by Scots Law. This website shall be governed by and construed in accordance with Scots Law and all Users / Parties submit to the jurisdiction of the Scottish Courts.
  2. The laws of the United Kingdom shall apply to all legally binding transactions between the Local Service Provider and a Client. Depending on the site of the works Scots Law shall apply for Scotland and the Law of England and Wales shall apply for the rest of the United Kingdom. If required this should be confirmed with the Local Service Provider directly.