Quotations – Works detailed by Rose Tree Surgeons Ltd and accepted in writing by the client shall form the basis of the contract between RTS and the client. The cost of any additional works required by the client will be priced and agreed by both parties prior to commencement of the works.
Contracts – the Contractor (RTS) and client are entering into a contract until the agreed works are completed, or for a defined period unless otherwise stated.
Validity of Quotations – All quotes will be valid for 30 days from the date of submission, after this time RTS has the right to re-quote on the works.
Termination of Contracts – Either party will have the right to terminate the contract by giving at least 60 days’ notice in writing to the other party to expire at the end of the initial period or at any time after that. Either party may terminate this contract by written notice to the other at any time if that other party:
(a) Commits a breach of this contract and, in the case of a breach capable of remedy, they fail to remedy the breach within 30 days of being required to do so in writing; or(b) becomes insolvent, or has a liquidator, receiver, manager or administrative receiver appointed.”
Inflation – Maintenance contracts are subject to an annual increase in line with government indices. RTS will inform clients of price uplifts prior to the next financial year. Fixed price works – If prior agreements in writing are made by RTS to a fixed price, this will be honoured throughout the term of the contract.
Invoicing – All maintenance contracts will be invoiced by RTS on a 30day basis, unless otherwise mutuality agreed prior to commencement of works.
Payments – All payments must be received from the client within 30 days of the dated invoice or as otherwise agreed in writing.
Any late payments will occur interest at 12% a day from when invoice is due unless a late payment has been agreed . The client will be notified of any charges due and a separate invoice will be raised.
Normal terms are either complete payment on completion of the job or at the Company’s discretion, two payments of 50% prior to work beginning and on completion or in part payments for identifiable areas as they are completed. RTS shall be entitled to refuse to commence and/or cease to carry out further work if any payment due from the client remains unpaid for more than fourteen days after becoming due and payable.
– All materials used within the works shall remain with RTS and shall not pass to the client until the price has been paid in full by the client.
Insurance – RTS will maintain employee and public liability insurance in respect of works agreed.
Health & Safety and the Environment – RTS will operate in compliance with health, safety and environmental legislation throughout. Our policies and insurances are available on request.
Nuisance and Damage – RTS will conduct its business to minimise nuisance, damage & annoyance to the client and other people who are affected by RTS operations.
Machinery Plant and Equipment – RTS will provide all plant, tools, machinery, vehicles and haulage etc. for the proper execution and completion of the works, including all fuel and maintenance for the plant and vehicles
Site Clearance on completion of works – RTS will clear up debris, surplus materials, and leave the site tidy on completion of works.
Delays – Delays caused that are beyond the control of RTS are the responsibility of the client. In the event of such delays RTS may charge the client for the time lost and travel costs.
Weather – RTS will ensure that all contracts are delivered on time (weather dependant). Should RTS fall behind due to adverse weather conditions, we will inform clients of delays.
Variations – Should any variations be required to the contract by either RTS or the client, ten working days’ notice must be given in writing.
Customer Obligations – The customer shall provide water and electricity for RTS at no charge to enable RTS to carry out agreed works. The client shall provide access to the site during RTS normal working hours and a storage place for materials during the progress of the works. The client will ensure that RTS are aware of any statutory provisions, by-laws, planning or building regulation conditions specific to the site prior to commencement of works.
Site Safety – It is the client’s responsibility to ensure that the area to be maintained is safe, and to point out in writing any known hazards such as underground and overhead services, drains, ponds, ditches or water courses. After commencement of work, RTS will have the right to re-price any area, should any of these services be discovered.
Site Access – The client will outline the preferred safest and particle area for our service vehicle to park and unload, allowing access to the rear for safe unloading for tools machinery and personnel. RTS will ensure clear access at all times and will prevent major obstructions that could prevent access to the site.
Access times – RTS expects the site to be accessible within standard daylight working hours particularly between 7am-6pm, unless previously agreed. An additional cost may be incurred if works cannot be completed or if RTS operators cannot carry out the full scope of planned work to the site due to previously unplanned scheduling by the client, resulting in a delay or a follow up visit being needed.
Injurious matter – The client is responsible for ensuring that grassed areas to be maintained are kept free of dog mess, moles and other items that may cause damage to/harm machinery, operatives or third parties. Any activities that are carried out on grassed surfaces whilst RTS operators are maintaining that area must cease immediately. Zoning the area (especially in school grounds where fields/sport pitches are to be maintained) can be agreed with the operator but only at the operator’s discretion if they deem the task to be safe to carry out and agreed boundaries are kept. Operations will cease immediately if these boundaries are broken and RTS operator’s considers injury to persons may occur. Additional costs may be incurred for the loss of time or where the visit is to be carried out at a later date.
Stump-grinding will be to a depth specified below the immediately adjacent ground level and will include the removal of the stump and buttress roots but will not include lateral roots unless otherwise specified. The client will advise the contractor of any underground services in the vicinity of the stump prior to starting the job.
Grass Cutting – Prior to commencement of Grass Cutting RTS will litter pick the area to be cut if agreed as part of the contract RTS will cut the entire of any grassed area to a recognised industry standard for the intended use. RTS will not be held responsible for grass clumping due to damp weather conditions or where grass arising’s are to remain on site and uncollected.
Grass Collection – Where grass cuttings are to be collected, RTS will ensure care is taken to remove cuttings and leave a clean finish. RTS will not be held responsible for minor clumping and small amounts of grass remaining where weather conditions are difficult.
Strimming – When strimming RTS will ensure the grass is cut to the height of the surrounding area and will ensure that arising’s are mechanically blown off all public rights of way unless otherwise required in the contract. Areas will be left if damage to vehicles, property, operators or third parties are at risk. A cost may be incurred if the areas are required to be strimmed by the client and time is lost due to vehicles being moved or where a follow up visit is required.
Grass Contamination – RTS will take reasonable care to ensure minimum contamination of the surrounding area, obstructions with grass arising’s, but will not be held responsible for contamination unless specified in the contract. As will be case where grass clippings cannot be removed from hard surfaces practicably due to a damp conditions.
Hedges – When maintaining hedges the specified price is to remove the last growth, reduction work will be quoted separately by RTS. RTS will carry out hedge trimming where possible, outside the bird nesting season March-July inclusive. If RTS finds an occupied birds nest whilst hedge trimming work will cease and the client will be informed. Work will re-commence as soon as possible after the area becomes un-occupied.
Pesticides – RTS will ensure that pesticide application is carried out when weather conditions are suitable. Spraying will be carried out by fully qualified NPTC operators, and in compliance with all statutory requirements. Weather depending, RTS will carry out spraying when programmed. The application of pesticide shall not be made during inclement or adverse weather conditions.
Landscape Designs – Any landscape designs produced and supplied to the client by RTS will remain the property of RTS until payment has been made in full.
Hard Landscaping – Any hard landscaping carried out by RTS will be to the client’s specification, using good quality materials fit for purpose as RTS shall choose.
Soft Landscaping, Maintenance and watering – When carrying out soft landscaping works, i.e. planting, turfing, seeding, RTS will ensure that the ground is prepared to good horticultural standard and ensure plants are healthy when introduced. On completion of the job it is the client’s responsibility to maintain soft landscaping by way of watering and feeding to ensure successful establishment. Should any soft landscaping deteriorate down to lack of water, pests and diseases or climatic conditions RTS will not be responsible, other than when a specific maintenance contract has been agreed prior to works commencing.
Satisfaction – RTS expect the client to inform the visiting maintenance team upon arrival of any additional or specific areas for attention if it is required for completion during that visit if it is within the contract parameters. The client will inform RTS of any issues or concerns arising from that visit within 24hrs of completion. After this time RTS will take it as an indication that client was satisfied of the work carried out. Any matters arising within this time will be dealt with accordingly dependant on the situation except of those arising from matters outside of RTS operator’s control.
Arboriculture – RTS will check for the presence of Tree Preservation Orders or Conservation Areas and will ensure that consent for work is granted prior to commencing where required.
All arisings (inc. twigs / branches / woodchips / logs / trunks / foliage etc) will be removed from site and become the property of the contractor unless specifically stated otherwise in the quotation