TJ Tree Care Limited
Terms and Conditions for the Supply of Services to Consumers
1.1 Definitions. In these Conditions, the following definitions apply:
Commencement Date: the date on which we are to start performing the Services as set out in the Method Statement.
Conditions: these terms and conditions.
Contract: the contract between you and us including the Method Statement and Quotation for the supply of Services in accordance with these Conditions.
Method Statement: the description or specification of the Services prepared in accordance with clause 2.
Order: your written acceptance of the Quotation.
Price: the price payable by you for the supply of the Services in accordance with clause 6.
Quotation: the quotation for the Services to be provided to you by us once we have carried out the survey and risk assessment as detailed in clause 2.
Services: the services to be supplied by us to you as set out in the Method Statement.
'we', 'us' or 'our': is a reference to TJ Tree Care Limited registered in England and Wales with company number 07442666 and whose registered address is Pinewell Heights, Tilford Road, Hindhead, Surrey,
GU26 6SQ and whose correspondence address is 44 Cherry Tree Avenue, Haslemere, Surrey GU27 1JW
'you' or 'your': is a reference to the person to whom we are providing the Services and who is required to pay for the Services we provide.
2. Survey & Risk Assessment
2.1 The nature of the Services requires us to carry out a survey and risk assessment so that:
(a) the Services that are to be performed by us can be planned and specified; and
(b) we can compile a Method Statement as to how the Services are to be performed.
2.2 We may need to use photography as part of the survey and risk assessment.
2.3 Once we have carried out the survey we will prepare the Method Statement and the Quotation.
3. Basis of contract
3.1 These Conditions only apply to our contracts with consumers.
3.2 We consider these Conditions, the Quotation and the Method Statement to set out the whole agreement between you and us for the supply of the Services.
3.3 Please check that the details in these Conditions, the Quotation and the Method Statement are complete and accurate before you commit yourself to the Contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents.
3.4 Please ensure that you read and understand these Conditions before you sign and return the Quotation, because you will be bound by the Conditions once a contract comes into existence between us, in accordance with clause 3.8.
3.5 The Order is an offer by you to enter into a binding contract with us, which we are free to accept or decline at our absolute discretion.
3.6 The Order shall only be deemed to be accepted when we confirm our acceptance by email, telephone or letter, whichever occurs first, at which point and on which date the Contract shall come into existence and these Conditions shall become binding on you and us.
3.7 The Quotation is given on the basis that a binding contract shall only come into existence in accordance with clause 3.8. A quotation from us shall be valid for a period of 28 calendar days from its date of issue, unless we notify you in writing that we have withdrawn it during this period.
3.8 We have the right to revise and amend these Conditions from time to time. You will be subject to the policies and terms in force at the time that you order the Services from us, unless any change to those policies or these Conditions is required by law or government or regulatory authority in which case it will apply to orders you have previously placed that we have not yet fulfilled.
4. Supply of Services
4.1 We shall supply the Services to you in accordance with the Method Statement in all material respects.
4.2 We shall use all reasonable endeavours to meet any performance dates specified in the Method Statement, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
4.3 We shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and we shall notify you in any such event.
4.4 We warrant to you that the Services will be provided using reasonable care and skill.
4.5 You must provide us, in sufficient time, with any information and instructions relating to the Services that is or are necessary to enable us to provide the Services in accordance with these Conditions.
4.6 If you do not, or you provide us with incomplete, incorrect or inaccurate information or instructions, we may cancel the Contract by giving you written notice, or we may make an additional charge of a reasonable sum to cover any extra work that is required.
5. Things you will need to do
5.1 You shall:
(a) make the areas where the Services are to be performed ready;
(b) remove any items etc which will stop or hinder in the performance of the Services;
(c) protect your items or possessions from the effects of us performing the Services;
(d) provide us with such information as we may reasonably require in order to perform the Services; and
(e) allow us to gain access to the Premises at the dates and times we and you have agreed we will perform the Services.
5.2 You will obtain all necessary consents, permissions and approvals before the Commencement Date.
6.1 Subject to clause 6.3 and 6.4, the Price shall be as set out in the Quotation.
6.2 The Price in the Quotation is based on our standard daily fee rate for each individual as set out in the Method Statement.
6.3 It may be necessary for us to charge a higher amount than set out in the Quotation where:
(a) you require changes to the Services after the Commencement Date; or
(b) when we start performing the Services, it becomes apparent that the Services we will need to perform are different to what was detailed in the Quotation and we could not reasonably foresee this before the Commencement Date
6.4 We shall invoice you on completion of the Services.
7.1 You shall pay each invoice submitted to you by us:
(a) within 7 days of the date of the invoice; and
(b) in full and in cleared funds to a bank account nominated in writing by us.
8. If you do not pay when required to
If you fail to make payment by the date or time we and you agree we may charge you interest at Lloyds Bank PLC's base interest rate plus 3% on any outstanding amounts if those outstanding amounts remain unpaid for more than 7 days from the date of our invoice.
9. Limitation of liability
9.1 Subject to clause 11.2, if either of us fails to comply with these Conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which we or you could reasonably foresee would result from the failure to comply with these Conditions.
9.2 Neither of us shall be responsible for losses or damages that result from our failure to comply with these Conditions including, but not limited to, losses or damages that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of anticipated savings;
(d) loss of data; or
(e) damages for disappointment or inconvenience.
However, this clause 9.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
9.3 This clause does not include or limit in any way our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation; or
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
(e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
10. Cancellation by you
10.1 Without prejudice to clause 11, once you and us enter into a binding contract you will normally not be able to cancel the Contract, except where we agree or as otherwise provided for in these Conditions.
10.2 If we agree to cancel the Contract then you will be responsible for the cost of any of our time in performing the Services up to the date we stop providing the Services.
10.3 In the circumstances stated in clause 10.2 we will we will invoice you for the work carried out.
10.4 If you:
(a) purport to cancel the Contract; or
(b) give notice purporting to cancel; or
(c) otherwise do not fulfil your obligations (such as by not paying any sums due to be paid to us) in a way which amounts to you cancelling the Contract;
we do not have to accept your cancellation except as provided in clause 10.2 or as otherwise provided for in these Conditions. However, we may choose to accept cancellation, and if we choose to do so you will be required to pay to us a reasonable amount for the losses and costs (including loss of profit) we have suffered. If you have paid a deposit, this will be retained and if our reasonable losses and costs (including loss of profit) are greater than the deposit we have retained we will require you to pay for our losses and costs in excess of the deposit retained.
11. Consumer Rights
11.1 Where you are a consumer and the Contract you enter into with us for the supply of Services is one to which the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you may cancel the Contract without liability within the period of 14 working days from the date the Contract is formed.
11.2 To cancel the Contract you must inform us in writing in accordance with clause 13.
11.3 No provision of these terms and conditions will adversely affect the rights of any Consumer (as defined in the Unfair Contract Terms Act 1977, the Unfair Terms in Consumer Contracts Regulations 1999 and Consumer Protection (Distance Selling) Regulations 2000).
12. Situations or events outside our reasonable control
12.1 There are certain situations or events which may occur which are not within our reasonable control (some examples are given in the clause 13.2). Where one of these occurs we will normally attempt to recommence performing the Services as soon the situation which has stopped us performing the Services has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue performing the Services.
12.2 The following are examples of events or situations which are not within our reasonable control:
(a) where weather conditions make it impossible or unsafe for us to perform any of the Services;
(b) where you make a change in the Services you wish us to perform;
(c) where we have to wait for other providers of services (who have been engaged by you) to complete their work before we are able to perform the Services (or the relevant part of the Services dependant on the other provider if ordered at short notice);
(d) where we are unable to gain access to the premises to carry out the Services at the times and dates we have agreed with you;
(e) where the areas in the premises have not be readied by you as we and you have agreed in order for us to perform the Services; or
(f) for other some unforeseen or unavoidable event or situation which is beyond our control.
12.3 If the delay in us recommencing performing the Services will be excessive then we will offer you the option of either:
(a) continuing to wait until we are able to recommence performing the Services; or
(b) allowing you cancel the Contract. If you choose this option then you will only have to pay for any Services we have performed up to the date of cancellation. If you have made payment to us in excess of the amount of Services we have performed, we will return the difference to you within 14 days of cancellation.
13. Contacting Each Other
13.1 If you wish to send us any notice or letter then it needs to be sent to 44 Cherry Tree Avenue, Haslemere, Surrey, GU27 1JW or to our registered address at the top of these Conditions. If we wish to send you a letter or notice we will use the address specified in the Quotation.
13.2 Any letter or notice shall be deemed to have been duly received if delivered personally, when left at the address referred to above or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second day after posting.
We may sub-contract or delegate some or all of the performance of the Services but we will still continue to be responsible for the performance of the Services and our obligations under the Contract.
15.1 If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
15.2 If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
16. Contracts (Rights of Third Parties) Act 1999
A person who is not a party to the Contract shall not have any rights under or in connection with it.
Any variation, including the introduction of any additional terms and conditions, to the Contract, shall only be binding when agreed in writing and signed by us.
18. Governing law and jurisdiction
The Contract shall be governed and construed by the law of England and you and we agree to submit to the jurisdiction of the courts of England and Wales.