s1.Introduction

• 1.1 (“Urban Forestry Group”/“we”/“us”/“our”) is a Sole Trader with an office address at: is 2 Willowherb Close, Huntington, Chester, Cheshire, CH3 6SA, England, UK.
• 1.2 Urban Forestry Group ® is a legally registered trademark. The ® trademark sign easily distinguishes ‘Urban Forestry Group’ arboricultural and landscape design services from those of other traders.
• 1.3 Please refer to the Arboricultural Association trade association at the top of the page, to which Urban Forestry Group is affiliated and represents a standard of achievement and a code of conduct to which Urban Forestry Group follows.
• 1.4 You can contact us by calling us on 01244 325669 or by writing to us at office@urbanforestry.co.uk or Mr. D Winlo, 2 Willowherb Close, Huntington, Chester, Cheshire, CH3 6SA.
• 1.5 If we have to contact you we will do so by telephone or writing to you at the e-mail address or postal address you provided to us when you enquired or placed a Works Order (as defined in s.2 below).1.6 Please ensure that your email program is enabled to allow the email address: office@urbanforestry.co.uk to deliver email direct to your inbox. It is the Client’s responsibility to advise their agent/s to do the same, to enable emails including any important attachments to arrive without delay.
• 1.7 Urban Forestry Group accepts no responsibility for any delays in its performance of its obligations under the Contract that arise as a result of emails being left unread by the Client (or the Client’s Agent) or lost due to reasons beyond its control, or automatically being forwarded to your spam folder.
• 1.8 These Terms of Engagement were last updated on: 16th Oct 2022 @ 14.52Pm. It is the Clients responsibility to retain a saved copy of these Terms of Engagement at the point immediately prior to making a works order.

s2.Definitions

• 2.1 A number of words and phrases used in the Contract (as defined below) have special meanings. The words and phrases that have special meanings begin with a capital letter and are as follows:

“Contract”	means the Scope of Works and these Terms of Engagement for the provision of the Works by Urban Forestry Group to the Client.
“Client” or “you”/“your”	means the person(s), firm or company who has submitted a Works Order.
“Client’s Agent”	means any third party appointed by the Client to act on their behalf (including, for example, architects) in providing information and written communications to Urban Forestry Group in connection with the Contract.
“Scope of Works”	means the scope of works document from Urban Forestry Group setting out the Works to be provided, the relevant fees for the Works and the terms upon which Urban Forestry Group agrees to provide the Services, and which refers to and incorporates these Terms of Engagement.
“Supplementary Work”	any works performed in addition to the Works by Urban Forestry Group from time to time pursuant to s.6 (Supplementary Works).
“Terms of Engagement”	means these terms of engagement set out in s.1 (Introduction) to s.26 (General).
“Quotation Fee”	means the quoted fee for the Work, as set out in the Scope of Works (or otherwise in writing by Urban Forestry Group from time to time).
“Works”	means the provision of any BS: 5837 [2012] tree survey, tree risk assessment, woodland management, landscape design, electronic mapping, and planning appeal services, that we have agreed to perform for you, as specified in the Scope of Works or otherwise in writing by us together with any Supplementary Works (where applicable).
“Works Order”	“Works Order” means the online works order submitted by the Client via https://www.urbanforestry.co.uk/terms-of-engagement (or such other web address updated by Urban Forestry Group from time to time).
“writing” or “written”	“writing” or “written” means a written communication sent under the Contract and includes emails but not fax.
“DXF”	AutoCAD DXF is a CAD data file format developed by Autodesk for enabling data interoperability between AutoCAD and other programs.
“DWG”	“AutoCAD software Drawing file”

s.3 The Contract

• 3.1 These Terms of Engagement together with the Scope of Works represent the Contract between Urban Forestry Group and the Client. Where any terms contained in the Scope of Works conflict, contradict or are inconsistent with any terms in these Terms of Engagement, then those terms in the Scope of Works shall prevail.
• 3.2 Please read the Contract carefully before you submit your Works Order to us. These Terms of Engagement tell you who we are, how we will provide our Work to you, how you and we may change or end the contract, what to do if there is a problem, and other important information.
• 3.3 In some areas of the Contract, you have different rights depending on whether you are a business or a consumer. Unless expressly stated otherwise, all terms set out in the Contract shall apply whether you are a business or a consumer. A consumer is an individual that requires the Works wholly or mainly for personal reasons (i.e. not in connection with trade, business, craft, or profession).
• 3.4 If you are a business, the Contract constitutes the entire agreement between you and us and supersedes/overrides any previous arrangement, understanding, or agreement between us relating to (or connected with) the Contract and/or Work (whether in writing or oral) and any terms and conditions submitted by you whether before or after the conclusion of the Contract or contained in any letter, order or another document.
• 3.5 Any quotations provided by Urban Forestry Group for Works or Supplementary Works (including the Quotation Fee) shall only be valid until the date specified in the Scope of Works (or otherwise in writing by Urban Forestry Group) or, where no date is specified, for 21-calendar days, after which it becomes void and, if required, Urban Forestry Group will provide a revised quotation which may differ to the quotation as initially provided.
• 3.6 For the avoidance of doubt, the Quotation Fee is exclusive of any charges for any Supplementary Works, for which Urban Forestry Group will charge separately for in accordance with the terms of the Contract.
• 3.7 Urban Forestry Group updates these terms of the Contract as and when required, and the Client is recommended at the time of placing a works order, to print off / save a copy of terms of the Contract applicable to their scope of works for their records. (These terms of the Contract were last edited on the 26th Sep 21).

s.4. CLIENT’S AGENT:

• 4.1 The Client’s Agent has no rights to enforce any terms of this Contract.
• 4.2 Urban Forestry Group will communicate, as it considers necessary, with the Client’s Agent in order to perform its obligations under the Contract.
• 4.3 For the Client’s benefit, Urban Forestry Group confirms that it will not adhere to any requests from the Client’s Agent to withhold information and or, to restrict communication with the Client.
• 4.4 It is the Client’s responsibility to notify the Client’s Agent of these Terms of Engagement and the relevant requirements that the Client expects the Client’s Agent perform on its behalf to enable the Works to proceed without delay.

s.5 PLACING A WORKS ORDER AND ITS ACCEPTANCE:

• 5.1 A request for Works shall only be deemed to be accepted by Urban Forestry Group when it issues the Scope of Works.
• 5.2 Having read, understood, and agreed to the Terms of Engagement and Scope of Works; if you would like to proceed with the Work please click on the hyperlink in the accompanying email that will direct you to the Urban Forestry Group ‘Client Instructions to Proceed’ webpage where you can place a Works Order.

What happens after I place a Works Order?

• 5.3 Once a Works Order has been submitted, the Contract will come into full force and effect and Urban Forestry Group will:
  • (a) as soon as it is reasonably able to, acknowledge receipt of such Works Order by e-mail;
  • (b) submit an invoice for the Quotation Fee. Such invoice must be paid within 14-days of the date of the invoice; and
  • (c) request that you supply the necessary information required (including a site plan in the easy-DWG Site Plan format (see s.10)).
• 5.4 On our receipt of your payment of the Quotation Fee (in full and cleared funds), together with all other relevant information required by us to perform the Works (as detailed in these Terms of Engagement, Scope of Works, or otherwise in writing by us (including the provision of the easy-DWG Site Plan (as described in s.10))), Urban Forestry Group will arrange to undertake the Works in accordance with the Contract.

s.6 SUPPLEMENTARY WORKS:

• 6.1 Urban Forestry Group may, from time to time, undertake the performance of Supplementary Works. The provision of any Supplementary Works shall be governed by the Contract.
• 6.2 Supplementary Works may arise in two scenarios:
  • (a) where the Client or the Client’s Agent request (whether in writing or verbally) such Supplementary Works be undertaken; or
  • (b) where Urban Forestry Group considers, in its sole discretion, that Supplementary Works are required for the purposes of advancing the Works. In such a scenario, Urban Forestry Group will, if reasonably practicable, endeavour to notify the Client of a requirement to perform Supplementary Works, but Urban Forestry Group may, in its sole discretion, undertake such Supplementary Works without notice to the Client.
• 6.3 The Client acknowledges that the provision of an easy-DWG Site Plan (as described in s.10), together with sufficiently detailed site information as and when requested by Urban Forestry Group will reduce the likelihood of a requirement for Supplementary Works under s.6.2(b) above.
• 6.4 If necessary to do so, it is the Client’s responsibility to notify and / or to arrange with any relevant 3rd party, including the Client’s Agent and any Local Planning Authority, that Supplementary Work is in progress, and if applicable, to arrange any planning extensions (all at their own cost).
• 6.5 All Supplementary Works shall be charged for by Urban Forestry Group in accordance with s.16.5.
• 6.6 For the purposes of charging for Supplementary Works, we categorise the type of works as being either “calculable” or “non-calculable”.
• 6.7 Examples of “calculable” Supplementary Works include:
  • (a) surveying missing or additional trees & hedges that exceed the number quoted for in the Scope of Works. For the avoidance of doubt, the charges associated with such Supplementary Work will be calculated with reference to the “Scale of Rates” set out in s.16; if, whilst on-site, any identified ‘safety issues’ occur, including being unsafe, isolated or unable to continue with survey due to a slope or dangerous conditions presented by traffic and / or, animals, including where working alone with surveying equipment draws unwanted attention, that the use of a ‘two-person surveying team’ is considered necessary for safely completing the site visit stage of the Works; and
  • (b) if, when arriving on site, the positions of the trees on the Easy-DWG Site Plan provided by the Client are noticeably incorrect (in Urban Forestry Group’s sole opinion), Urban Forestry Group will if identified replot the positions of the trees afresh or, make site notes surrounding any inaccuracy and advise the Client. (As deemed appropriate by Urban Forestry Group).
  • (c) Unless specified in Scope of works, Urban Forestry Group is not responsible for providing accurate positions of trees as displayed on site plans.
• 6.8 “Non-calculable” Supplementary Works includes any Supplementary Works not identified as being “calculable” (per the above) and the following items (without limitation):
  • (a) any work not specified in the Scope of Works that Urban Forestry Group agrees to perform, or otherwise undertakes from time to time in accordance with s. 6.2(a) or 6.2(b);
  • (b) all discussions, electronic, and telephone communications regarding the Works (including any time spent in dealing with any requests for updates in respect of the queue position of the Works Order). Email correspondences are calculated in blocks of 3-minutes and where the minimum value is 3-minutes.  
  • (c) Any work involved with electronic, or paper site plans not provided in the required easy-DWG Site Plan format (as described in s.10);
  • (d) Any work involved in identifying or repairing glitches (suffer a sudden, repetitive malfunction, behaviour or fault) when working on the easy-DWG Site Plan in AutoCAD LT. E.g. This may occur when a drawing has been created in another drawing program other than an AutoCAD product or contains hidden or embedded elements, layers or code.
  • (e) amendments and or revisions that require the re-wording of survey report documents, or elements within a site plan including any revisions and any corrections. 
  • (f)where verbal revision requirements are received, we cannot be held responsible or any misinterpretation. It recommended that any revisions requests be clearly set out in written detail and emailed to us.
  • (g) any supplementary required research, inclusive of telephone, email communications, and administration in communicating such research;
  • (h) It is the Client’s responsibility to ensure that all cattle are removed from the survey area prior to, and for the duration of the site visit. If during the site visit, the presence of cattle and/or animals such as dogs causes site access or safety issues; then the Client will be contacted by phone and asked to immediately resolve the issue. If this is not possible, or the Client is unavailable, then the Urban Forestry Group surveyor will either wait on-site for the issue to be resolved and charge for any waiting time, beyond 15 minutes or where necessary, leave the site and arrange with the Client a revised site visit. This will require from the Client email confirmation that the revised site visit will resolve any issue that prevented the previous survey site visit;
  • (i) Where surveyed tree/s are requested to be removed from the Urban Forestry Group tree survey site plan, as they are to be or are now felled, Urban Forestry Group can only remove said tree/s from the tree survey/report, if the site is re-visited to confirm the tree felling. Identified felled trees will be marked on the tree survey site plan as tree stumps. If the Client does not wish to proceed with the above, the tree/s in question will be marked on the tree survey site plan as: ‘Reported and / or intended to be felled’. Urban Forestry Group does not accept Client / Client’s Agent photographs of felled trees as a basis for providing revised documents and site plans;
  • (j) If following an ‘Application for tree works’; Urban Forestry Group will forward to the Client, the Council’s receipt of the application and reference number including their decision notice period, if for any reason either during or beyond this decision notice period, the Council requires additional information or the Client requires Urban Forestry Group to either contact, chase up and / or liaise with Council;
  • (k) if at any point during the ‘Application for tree works’; there technical problems with the planning portal website or its re-direct that prevent electronic submission, Urban Forestry Group will email the Client advise them of the problem. If after 48-hours Urban Forestry Group make a second and final submission attempt and if a problem still exists, Urban Forestry Group will contact the Client to agree on any Supplementary Works to find an alternative method of submission;
  • (l) communication with an insurance broker and / or, any other required 3rd party such as a surveyor, solicitor, organisation, or business to obtain any relevant information that is reasonably required to assist Urban Forestry Group in its provision of the Supplementary Works;
  • (m) following the supply of a draft copy of the Works, if the Client identifies any accidental spelling or grammatical mistakes, please highlight in yellow and email Urban Forestry Group the details within 10-days and Urban Forestry Group will make any agreed minor corrections at its own discretion, at no charge and as soon as reasonably possible. 
  • (n) following the supply of a draft copy of the Works, any Client or Client’s Agent telephone or other communications received or required that discuss the Works draft copy.
  • (o) If in the answers to the ‘project development questionnaire’ provided by the Client / Client’s Agent in accordance with s.13, there are requests for Urban Forestry Group to provide supplementary advice or information/material for e.g. suggestions for a driveway design or, incorporating a CellWeb structure, or providing information incorporating or referencing a No-Dig construction method and / or consequential Works, then this will be provided and charged for without further notice to the Client’; including
  • (p) the time spent on-site in using a third-party GPS receiver (in accordance with s.10.4(a) and s.10.5) or any hand measuring tools (in accordance with 10.4(b)).
  • (q) Where supplementary work affects the location and numbers of surveyed trees that differs from that data held, or to be input on the Mapscape database, the database will be updated to maintain accurate tree survey records.

s.7 Works order queuing system & timescale for completion of work:

Works to be performed within a reasonable time:

• 7.1 Urban Forestry Group cannot accurately provide a specific start date, site visit date or completion date and the Works will be performed within a reasonable time.
• 7.2 Whilst Urban Forestry Group acknowledges that a fixed commencement and completion date would be of benefit to the Client, any date specified by us for the commencement and/or completion of the Works are approximate only. The Client acknowledges that timing for commencement and completion of the Works is dependent upon a multitude of factors, including (but not limited to):
  • (a) receipt of an online Works order form.
  • (b) when the easy-DWG Site Plan (as described in s.10) is provided.
  • (c) when the Quotation Fee will be paid.
  • (d) if any Supplementary Work and / or revisions are required and how long this will take to perform.
  • (e) what the weather conditions are going to be.
  • (f) if the site owner is on holiday or unavailable.
  • (g) when information requested from the Client / Client’s Agent is provided and what the impact of this is in completing the Work; and
  • (h) there being priority bookings placed ahead of your Works Order (per the below); and
  • (i) all of the above in relation to existing works order being completed for other clients.

Queuing system:

• 7.3 In order to manage Client expectations, Urban Forestry Group utilises a queuing system, based on a first come first served basis. When the Works Order has progressed to number 2 in the queuing system, Urban Forestry Group will contact the Client to arrange the site visit.
• 7.4 The Client / Client’s Agent can enquire as to the position of the Works Order in the queuing system and Urban Forestry Group will, as soon as is reasonably practicable, provide an email update on the progress, and reverses the right to charge for as supplementary work at its own discretion, for any answers to questions or information other than providing a queue position number. 
• 7.5 The Client’s (or the Client’s Agent’s) failure to provide accurate information requested by Urban Forestry Group (including an accurate the easy-DWG Site Plan (as described in s.10), or in the case of BS 5837 trees that are influencing the site), may result in delays in the performance of the Works, for which Urban Forestry Group shall not be liable for such delay as a result. It is the Client’s responsibility to check the accuracy of the information provided by the Client’s Agent.
• 7.6 Instruction of Supplementary Work does not give right to any form of queue jumping or immediate service.
• 7.7 Urban Forestry Group will at its own discretion not respond to any form of; abusive, threatening or over demanding, Client (or the Client’s Agent’s behaviour), who might expect the work in progress, revisions of and / or any Supplementary Works, to be completed immediately, or to a Local Planning Authority planning deadline that we have not agreed (in writing) to meet. Communications of nature will be charged for as supplementary work.
• 7.8 It is the Client’s responsibility to if required agree with the Local Planning Authority any extended timeframes at their own expense.

Priority Bookings:

• 7.9 If for whatever reason the Work cannot wait for its progression to number-1 in the works order queuing system, the Client can use the ‘priority booking’ which enables your Works Order to take priority over other works orders in the queuing system. Use of the service does not guarantee that the Works Order will immediately commence as there may be other priority bookings in progress.
• 7.10 The Client understands and accepts that this ‘priority booking’ service is available to all other clients or Urban Forestry Group; and if not required, that any possible consequential delay to their works order caused by a ‘priority booking’ from another Client, is an accepted integral part of Urban Forestry Group’s management of the ‘works order queuing system’.
• 7.11 To avoid any possible problem in expectation, it is the Client’s responsibility to make the Client’s Agent is aware of the priority booking system.
• 7.12 A ‘priority booking’ does not guarantee a completion date for the Works. It simply enables the Works to proceed to take priority over other works orders in the queuing system.
• 7.13 If applicable, any existing Works Order in that is in progress will be merged with that of the priority booking request.
• 7.14 To instruct a priority booking the Client, can either:
  • (a) check the relevant box on the ‘online works order form’; or
  • (b) email Urban Forestry Group instructing that a ‘priority booking’ is required immediately.
• 7.15 The cost of a priority booking is a sum equal to 25% of the quotation fee which will be added to our invoice for the Quotation Fee submitted in accordance with s.16 or, to the extent that an invoice has not been submitted, an invoice for this amount will be submitted by Urban Forestry Group which will be payable within 14-days of the date of such invoice.
• 7.16 A priority booking will not be confirmed until:
  • (a) payment of our invoice has been received in full and cleared funds by Urban Forestry Group;
  • (b) all other relevant information required by us prior to us to perform the Works (as detailed in these Terms of Engagement, Scope of Works, or otherwise in writing by us (including, where required, the provision of the easy-DWG Site Plan (as described in s.10))).

s.8 CONSUMER RIGHTS ACT 2015:

This s.8 applies to consumer clients only and set outs a summary of your key legal rights in the event that we do not supply Works in conformity with the Contract.

• 8.1 We are under a legal duty to supply the Work in conformity with the Contract. Nothing in the Contract will affect your legal rights which are summarised in s.8.2 below.
• 8.2 The Consumer Rights Act 2015 entitles you to the following:
  • (a) you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it;
  • (b) if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable; or
  • (c) if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
• 8.3 Your legal rights under the Consumer Rights Act 2015 are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call: 03454 04 05 06.

s.9 CLIENT’S OBLIGATIONS:

• 9.1 The Client will (and, where necessary, procure that the Client’s Agent will):
  • (a) ensure that the Works Order and all other information provided by the Client to Urban Forestry Group is complete and accurate in all material respects. The Client accepts that Urban Forestry Group shall rely on the accuracy of the information provided by the Client (and the Client’s Agent) in respect of providing and carrying out the Work as specified in the Scope of Works;
  • (b) co-operate with Urban Forestry Group in all matters relating to the Works;
  • (c) provide Urban Forestry Group, its employees, agents, consultants, and subcontractors, with access to the Client’s premises, office accommodation and other facilities as reasonably required by Urban Forestry Group;
  • (d) provide Urban Forestry Group with such information and materials as Urban Forestry Group may reasonably require in order to supply the Works, and ensure that such information is complete and accurate in all material respects (including, for example, a DWG site plan);
  • (e) prepare the Client’s premises (or procure the preparation of such other premises that the Works will be performed at) for the supply of the Works;
  • (f) if necessary, obtain and maintain all necessary licences, permissions, and consents which may be required for the Works before the date on which the Works are to start; and
  • (g) comply with any additional obligations as set out in the Scope of Works.
• 9.2 If Urban Forestry Group’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Client or failure by the Client to perform any relevant obligation (“Client Default”):
  • (a) Urban Forestry Group shall not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from Urban Forestry Group’s failure or delay to perform any of its obligations as set out in the Contract; and
  • (b) the Client shall compensate Urban Forestry Group for any costs or losses suffered by Urban Forestry Group as a result of the Client Default (including, for example, any time spent waiting on-site).

s.10. THE *.DWG SITE PLAN:

YOUR ATTENTION IS DRAWN TO THIS SECTION IN PARTICULAR. FAILURE TO PROVIDE THE DWG SITE PLAN IN THE REQUIRED FORMAT MAY RESULT IN ADDITIONAL COSTS.

10.1. For the avoidance of doubt, the Quotation Fee for the Works (as set out in the Scope of Works) is based on the Client providing to Urban Forestry Group, together with any other necessary documents or site plans, an Easy to Work with DWG site plan that meets the requirements set out in the box below (The Easy-DWG Site Plan Requirements”).

10.2 The purpose of the easy-DWG Site Plan (“Easy-DWG”) is to enable the on-site Tree Survey data collection to be undertaken, using Mapscape Tree Survey Technology as seen at www.mapscape.co.uk that requires the site plan supplied by the Client to perform the Works be as described in the following format (1) – (12).

10.3 Mapscape uses the ESRI ArcGIS for AutoCAD plugin as a bridge between CAD and GIS. The Client accepts this requires use of our preferred 3rd party CAD Drawing Technicians, who will carry out any requested CAD drawing works on our behalf as soon as is reasonably possible for them to do so and who will invoice Urban Forestry Group directly for there input where required, to which we will pass on these costs including any supplementary and administrative work to the Client. 

10.3 Additional Supplementary Work costs may be incurred as a result of the Client’s failure to provide Urban Forestry Group with the Easy-DWG requirements as set out in the box below (the “Easy-DWG Site Plan Requirements”).

10.4 It is the Clients responsibility in advance of payment of the of the Quotation Fee, to if required, arrange with their Agent to supply the Easy-DWG in the required format as described in the following table (1) – (13).

10.5 Urban Forestry Group does not undertake any type of electronic site plan assessment, before receiving payment of the Quotation Fee.

10.6 Unless otherwise specified in the Scope of Works or agreed to in writing by Urban Forestry Group, the Client (either directly or via the Client’s Agent) must provide to Urban Forestry Group the Easy-DWG before, or at the same time of making payment of the Quotation Fee.

 What happens if I place a Works Order, pay the Quotation Fee, and do not provide a Easy-DWG Site Plan?

10.7 PLEASE NOTE THAT: If before, or at the same time of making payment of the Quotation Fee, the site plan provided does not, in the sole opinion of Urban Forestry Group, meet the easy-DWG Site Plan requirements (as set out above table (1) – (13), Urban Forestry Group reserves the right, without notice to the Client, to proceed and charge the Client for any work in producing an ‘easy DWG site plan’ and / or, rectifying, repairing or resolving any identified drawing issues to the site plan/s provided, so that the site plan meets the necessary easy-DWG Site Plan requirements as described in the above table (1) – (13) to enable the Works to proceed.

10.8 Any such works undertaken by Urban Forestry Group in connection with the easy-DWG Site Plan provided will be deemed Supplementary Works (see s6. above) and shall be charged for as such in accordance with the Contract. This can include purchase of an Ordnance Survey Topographical Mastermap (OSMM) digital mapping tile centered on the site address post code and transferring the tree survey data provided, to that OSMM site plan, for use with Mapscape to set the orientation of the drawing provided as closely as possible to OSMM.

10.9 it is the Client responsibility to only use the OSMM data within the the time period stated on the site plan provided, after which all OSMM data must be removed from the Clients computers including any 3rd party computers or websites who must be advised to do the same as required by Ordnance Survey licensing.

 Client communication with the Client’s Agent regards the DWG Site Plan:

• 10.9 Urban Forestry Group is not responsible for any delay to the Works arising as a result of the Client or the Client’s Agent, failure to provide the easy-DWG Site Plan in the format as set above including (1) – (13).

s.11 COLLECTION OF TREE SURVEY DATA:

• 11.2 Site data capture is undertaken using www.mapscape.co.uk using the positions of the trees provided. Where additional positional plotting of trees/shrub groups by Urban Forestry Group is required, this will be will be undertaken in view of the available site conditions including fixed reference points.
• If Urban Forestry Group is plotting tree/shrub group positions, that are not provided on the Easy-DWG it does so on the understanding that the position of the tree/s/shrub group is taken at its outer trunk / bark to that of a fixed point (If available). We cannot represent the exact central position of the tree trunk as this point is inaccessible.
• We will endeavour to plot tree/shrub positions as accurately as reasonably possible using basic measuring tools and if accurate tree positions are required then the Client is to provide a Topographical survey following the drawing guidelines as above undertaken by a qualified surveyor.
• 11.3 Depending on site conditions and the number of trees to be surveyed, any such Supplementary Works referred to in s.11.2 may involve revisiting the site, which a call out charge of £65.00, plus the return mileage (with reference to our Basic Mileage Rate (as set out in s.16)) will be charged for, including any time spent on site (with reference to our Basic Hourly Rates (as set out in s.16)).
• 11.4 If whilst on-site, any missing trees, hedges, shrub groups, tree stumps, and / or any other relevant site feature are not included on the easy-DWG Site Plan, Urban Forestry Group will either make basic notes of these missing features, or record their details as Supplementary Work as set out in S. 16 CHARGES AND PAYMENT:
• 11.5 Tree heights and tree canopy spreads will be visibly estimated in metres by default. Tree trunk diameters will be measured using a diameter tape and if considered inaccessible or unsafe, will be estimated. This will be clearly referenced on the work provided.

s.12 THE SITE VISIT

• 12.1 We are unable to provide a precise time for arrival on site. All site visit dates are dependent on having the Easy DWG site plan, traffic delays or events such as train strikes / delays. if we decide that public transport is the preferred method of travel, weather conditions on the day, as seen at www.metoffice.gov.uk using the site postcode. If the chance of precipitation is 15% or above during the intended survey timeslot, the survey site visit will be rescheduled, as our electronic survey equipment is not compatible with wet weather. We cannot guarantee any specific arrival times and will endeavour to contact the Client in advance where possible to notify them of any delay, subject to safe driving practices and / or being able to access the 4g network.
• 12.2 Any possible delays because of wet or adverse weather conditions are beyond our control, please be patient, the site visit will be re-scheduled as soon as possible.
• 12.3 Trees marked on the site plans provided as single trunk circles will be counted and quoted for as individual trees. If during the tree survey, any single tree trunk circles are found to be multiple or missing trees, then they will be referred to as missing trees.
• 12.4 Please check that the number of trees on the site plan provided to Urban Forestry Group for providing you with a quotation represents the exact numbers of trees on, or influencing the site as set out in BS 5837 section 4.2 detail (Copy available upon request). 
• 12.5 Tree survey measurements taken on-site, including the tree height, tree canopy spread [N.S.E.W] and the tree species including any varieties of, will be estimated as best possible.
• 12.6 The Client accepts Urban Forestry Group survey judgments and if a 3rd party disputes any measurement, tree species, observation, or recommendation provided that requires a re-survey, this will be deemed as Supplementary Work and if required, may involve a specialist GPS equipment or services e.g. Tree Health Diagnostic and Advisory Service, Forest Research, to identify any botanical and/or pathological discrepancies or unknowns.
• 12.7 Where practically possible, Urban Forestry Group will measure the diameter/s of the tree trunks/s, using a diameter tape to provide accurate representations of the BS 5837 tree root protection areas.
• 12.8 For off-site or otherwise inaccessible trees and / or, where trees are situated in neighbouring properties, estimated tree dimensions, positions and the overall condition will be estimated.
• 12.9 Missing trees and features identified at the time of the site survey and marked on the site plan, that subsequentially require re-visiting the site will be charged for as Supplementary Work. This is the default position.
• 12.10 If following the supply of the draft PDF documents illustrating missing trees, where the Client is being asked if they require these missing trees surveyed and included as supplementary works? The Client must email their instructions to proceed within 14-days. If no Client email instructions to proceed are received within 14-days, any work outstanding will be completed based on the trees surveyed to date, as originally quoted for, subject to any outstanding invoices being paid. 
• 12.11 For ‘Homebuyers Arboricultural Mortgage Surveys’ and prior to the site survey; it is the Client’s responsibility to make clear to Urban Forestry Group the exact location of the tree/s to be surveyed. If the location of the tree/s is not provided or is unclear; Urban Forestry Group will survey the tree/s closest to the main building.
• 12.12 In advance of the site survey Urban Forestry Group will advise the Client by email the date and estimated site arrival time. The Client must provide written confirmation of this date/time, for the site visit to proceed.
• 12.13 A hedge is defined as trees that are planted or growing densely at close spacing, and that can include several different species including shrubs and seen as being trimmed and shaped or forming a low-level screening up to 5m height. Trees in lines, groups or at heights above 5m in proximity, are at the sole discretion of Urban Forestry Group classed as trees and/or groups of trees in proximity and surveyed as seen as appropriate.
• 12.14 If upon arrival at the site, either the Client if pre-arranged is absent and/or, restricted access to the survey area is encountered, (We do not climb over site barriers, or attempt to dismantle fixings) Urban Forestry Group will attempt to contact the Client by the phone number provided. If contact with the Client is not possible and a delay is incurred, any waiting time will be charged for, up to 45-minutes at which point if no contact can be made to resolve the issue the site visit be will be cancelled. In this situation, a site re-visit call-out-charge of £65.00, plus the return mileage (with reference to our Basic Mileage Rate (as set out in s.16)) is applicable including any previous waiting time (with reference to our Basic Hourly Rates (as set out in s.16)) This collectively must be paid in advance prior to re-arranging a return site visit to continue with the Works.
• 12.15 Urban Forestry Group cannot enter any neighbouring property without written permission of the landowner and / or climb over fences or walls with surveying equipment to access sites. This is restricted access.

s.13. THE BS 5837: 2012 – ARBORICULTURAL IMPACT ASSESSMENT & METHOD STATEMENT (AIA):

• YOUR ATTENTION IS DRAWN TO THE FOLLOWING s13.1 IN THE PROVISION OF TREE PROTECTIVE MEASURES THAT MAY INVOLVE ADDITIONAL COSTS.
• 13.1 This quotation is based on including where required, BS 5837 Tree Protective Fencing / Barriers as seen in BS 5837 2012 (Page 20) Figure 2: Default specification for protective barrier – around the trees to be retained. Any additional tree protective measures such as CellWeb, ground protection and / or bridging tree roots including the necessity to research and reference applicable sections of the BS 5837 2012 will incur additional costs as described in s6. Supplementary Works as seen above.
• 13.1 On completion of the tree survey site visit, a tree survey site plan will be produced and emailed to the Client as a PDF copy, that will illustrate any conflicts between the proposed building layout and the tree root protection areas as seen as red circles around each tree on the PDF tree survey site plan.
• 13.2 Any conflicts between the proposed building layout and proposed construction work within these tree root protection areas needs to be detailed and it is the Client’s responsibility to either complete themselves or, request that the Client’s Agent complete and return the ‘project development questionnaire’ on their behalf (as seen at: https://urbanforestry.co.uk/project-development-questionnaire-form.html) to Urban Forestry Group, as soon possible and in any event, within 14-calendar days from the date upon which Urban Forestry Group issued the draft PDF tree survey site plan.
• 13.3 The answers to this online questionnaire are necessary for the assessment and completion of the AIA. The level of detail provided by the Client / Client’s Agent in completing this online questionnaire will directly influence the AIA, including the layout and type of recommended tree protective measures based on the information provided.
• 13.4 If a completed ‘project development questionnaire’ is not received within 14-calendar days from the date upon which Urban Forestry Group issued the draft tree survey PDF site plan; Urban Forestry Group will complete the AIA as best it can, using the information it has available, and email this to the Client as the completed final copy. Any subsequent Works / revisions required by the Client, as a result, will be deemed Supplementary Works and shall be charged for as such in accordance with the Contract.
• 13.5 The Client is responsible for ensuring that the answers to the project development questionnaire are clear, concise, accurate and sufficiently detailed for Urban Forestry Group to make an informed assessment of the building and construction processes affecting the trees to be retained on site.
• 13.6 The Client / Client Agent answers to the project development questionnaire will be directly copied into the relevant section on the BS 5837 documents.
• 13.7 Urban Forestry Group shall not be responsible for any issues arising as a result of any inaccurate, incomplete or vague answers that may appear to have either been completed in a hurry, or where for whatever reason the Clients Agent is unable to provide the answers to the level detail for us to complete our construction assessment works information provided by the Client.
• 13.8 Urban Forestry Group will not attempt to assess architectural or engineering drawings where it is not qualified to do so and will (if required) request that the Client (or the Client’s Agent) provides a written summary (in layman’s terms) of any technical or engineering issue that is either absent from the ‘project development questionnaire’ or is otherwise required for assessment, to clarify any required issues. Any work involved in assessing and discussing such clarifications concerning this will be deemed Supplementary Works and shall be charged for as such in accordance with the Contract.
• 13.9 The online project development questionnaire is maintained in good working order and if this online form is in process of being updated, we will notify the Client to confirm any operational issues. 
• 13.10 Urban Forestry Group cannot guarantee that the Local Planning Authority will not require more detailed and / or more site-specific information and if in any doubt, please contact the Local Planning Authority prior to completing the project development questionnaire to discuss with them the level of AIA detail that they require.
• 13.11 If the Client / Client’s Agent notifies Urban Forestry Group in writing within 14-days of receiving the ‘project development questionnaire’ that the questionnaire cannot not completed at present, because the proposed site plan is being revised. Urban Forestry Group will simply not produce the assessment as originally instructed. We will instead put the completion of the AIA including any if required landscape design on pause.
• 13.12 When the ‘revised proposed site plan’ is produced it must be emailed to Urban Forestry Group, as described in s10 (l) above with answers to the completed project development questionnaire as described in s13.2 above.
• 13.13 When Urban Forestry Group puts an AIA on pause to assist the Client, the Client accepts that the revised site plan produced is not the Work originally quoted for and whilst we will complete the AIA and any required landscape design as previously specified, we will as a consequence, charge as Supplementary Works as set out in s.16 for the time spent incorporating the difference in design, time spent on reading any documents to refresh on the original brief, communications and any other reasonable cost. 
• 13.14 Urban Forestry Group will hold a project on pause for up to 60-days. If no revised site plan is received within this timeframe, the Work will be cancelled, no refund will be provided, the Client will be notified, and any subsequent revised site plan will be treated as a new quotation request.
• 13.15 Any required modifications to the initial circular shape of the tree root protection area/s in relation to tree root distribution, assessment, and impact will be classed as Supplementary Work.
• 13.16 Urban Forestry Group is not qualified to and cannot design driveways, building foundations, or provide construction detail including general construction guidance or any other aspect of building work where it is not qualified to do so. Information and where possible suggested materials can be provided if requested and will be charged for without further notice to the Client.
• 13.17 Urban Forestry Group cannot make predictions about ‘foreseeing anything being of detriment to the application’ whereas an example in an outline planning application: the proposed development is inside a tree root protection area/s and where either no, or only minimal foundation design information is provided.
• 13.18 Unless specifically set out in the Scope of Works, Urban Forestry Group will use its preferred format for presenting information. If for any reason the Client (or the Client’s Agent) requires the Work to be presented in a different format and / or layout; the Client’s must provide clear details of what is required, including an example. Any modification or changes to the preferred format will be in agreement with the Client and will be deemed Supplementary Works and shall be charged for as such in accordance with the Contract.

s.14 THIRD PARTIES AND NEIGHBOURING LAND:

• 14.1 The Quotation Fee is based on surveying trees on land within the site boundary with unrestricted access. Access to surveying trees on land situated on a neighbouring land, owned by an unknown third-party/s, must be provided prior to Urban Forestry Group as written landowner consent of access.
• 14.2 The written access consent must be provided prior to the site visit and must include the landowner’s telephone and email contact details for Urban Forestry Group to confirm by email with the landowner, a convenient date and time to access that neighbouring land.
• 14.3 Without this written landowner consent Urban Forestry Group is unable to enter onto neighboring land and will continue to survey trees from within the site boundary. Receipt of any 3rd party landowner access consents may involve Supplementary Work or require a revised quotation.
• 14.4 Where any kind of tree root excavation work, or trenching investigation requires Urban Forestry Group to be party too. It is the Clients responsibility to obtain the necessary permission to undertake such work. This may include an ‘Application for tree works to the local planning authority where the tree/s or land is subject to a Tree Preservation Order [TPO], Conservation Area, Site of Special Scientific Interest, or other land that is protected or requiring permission to access, excavate due to contaminated land or other reason.
• 14.5 It is the Client’s responsibility to ensure and make arrangements that when Urban Forestry Group is undertaking a survey on private land, that all pets are kept safely inside the house during the site visit and that the ground within the area to be surveyed is sufficiently cleared of any pet excrement prior to the survey. Urban Forestry Group reserves the right to not enter sites or cease works where conditions are considered unclean or unsafe and will email the Client with an advice note of the action, they need to take prior to the Works being re-activated.
• 14.6 If following payment for Works as specified in the Scope of Works, the Client and / or the Client’s Agent needs to obtain additional information from a 3rd party, this information must be provided to Urban Forestry Group as soon as possible within 14-days, so to allow Urban Forestry Group to complete the Work as specified in the Scope of Works, incorporation of the 3rd party information may incur charges and be charged for as Supplementary Work.
• 14.7 If the 3rd party information is not received within 14-days Urban Forestry Group we will proceed in completing the Work as specified in the Scope of Works: and reverses the right to refer in the documents provided to any missing 3rd party information as deemed necessary.
• 14.8 It at a future point beyond the 14-days, additional 3rd party information is provided, this will be assessed, and a new quotation will be provided to revise or include the 3rd party information in documents already provided.

s. 15 SUPPLY OF DOCUMENTS:

• 15.1 Before placing a Works Order the Client must ensure that it can (and the Client’s Agent can) send and receive electronic documents in formats as described within the Contract and / or, have somebody readily available who can assist.
• 15.2 The Client is to ensure that their email address provided can receive multiple files that can exceed 10 mega-bytes.
• 15.3 Whilst Urban Forestry Group will endeavour to provide high quality survey documents in respect of your planning application, Urban Forestry Group cannot guarantee Local Planning Authority planning permission or planning approval.
• 15.4 If Urban Forestry Group provides services following completion of the Works, Urban Forestry Group cannot in anyway write into the documents it produces (including, for example, the Client or Client’s Agent preferred outcome/s), nor can Urban Forestry Group approve, or provide any type of acceptability statement, recommendations, or endorsements of building design, including any providing any Client or the Client’s Agent’s statements that seek to infer that the proposed building design will not damage trees and / or their underground roots.
• 15.5 Please carefully read the tree survey / landscape surveys reports provided, as there may be important tree surgery safety recommendations that require immediate attention.
• 15.6 Urban Forestry Group only provides PDF and DWG electronic copies of documents produced.
• 15.7 The opinion, conclusions and recommendations made in the Urban Forestry Group documents are based on the information provided and from the site survey. 
• 15.8 Forestry Group reserves the right to update any opinion, conclusions, and recommendations if further information becomes available. Charged for as Supplementary Works in accordance with the Contract.
• 15.9 Following the supply of a draft copy of the Works, we will provide within 14-days of date of the email sent containing the draft documents, a no-charge service to correct any accidental spelling mistakes or gramatical errors.
• 15.10 If identified, please email us with the spelling mistake and / or error details, highlighted in yellow, including a clear document location reference and / or the section number, together with what any changes / revisions you may require.
• 15.11 Any work beyond accidental spelling mistakes and / or grammatical errors are at the discretion of Urban Forestry Group and may involve Supplementary Work as set out in s.6 Supplementary Work: or, depending on any revision Work request, require the supply of a new Scope of works.
• 15.12 We will email you back a corrected document/s and / or, provide details of any Supplementary Work costs as soon as reasonably possible.
• 15.13 Incoming telephone revision Work requests will need to be confirmed in writing and received by us by email, to enable a response.

s. 16 CHARGES AND PAYMENT:

The Quotation Fee:

• 16.1 The Quotation Fee is calculated with reference to our Basic Hourly Rates together with the various assumptions detailed in the Scope of Works, based on the information provided by the Client (or the Client’s Agent) at the time of enquiry.
• 16.2 Unless we have agreed to a staged payment plan (in accordance with s. 16.9), the Quotation Fee must be paid in full and cleared funds within 14-calendar days of the date of our invoice relating to the same. The Works will not commence until the Quotation Fee has been paid in full. We reserve the right to cancel your Works Order and end the Contract if we do not receive payment of the Quotation Fee within 14-calendar days of you placing your Works Order.
• 16.3 Where the quotation fee exceeds £800.00 this will be invoiced for in staged payments, as set out in the attached Scope of Works.

“Calculable” Supplementary Works

• 16.4 In respect of “calculable” Supplementary Work (i.e. Supplementary Work that we will perform on the basis of a fixed fee, calculated with reference to the table of rates set out in the below:

Table 1 – Scale of Rates:

Surveying of any Supplementary, Missing Tree/s, Hedges, Shrub Groups and, or Tree Stumps:	Unit cost per Additional Tree:	Unit cost of Hedges per metre:
Tree Risk Assessments, Applications for Tree Works & Homebuyers Arboricultural Surveys:	£35.00	£8.00*
BS 5837 2012 – Tree Survey & Root Protection Areas [RPA]:	£35.00	£8.00*
BS 5837 2012 – Tree Survey, Root Protection Area; including assessment within an Arboricultural Impact Assessment, Method Statement &Tree Protection Plan:	£45.00	£10.00*
Tree Stumps and other Relevant Site Features:	£15.00	–

* Please refer to 12.13 above.

16.5 In respect of such “calculable” Supplementary Works: Urban Forestry Group will submit an invoice for the charges associated with the Supplementary Works, which must be paid for either prior to the Supplementary Works commencing or at any point during the Works as deemed by Urban Forestry Group. 

16.6 Where Supplementary Work alters a 50% staged payment plan as set out in the Scope of Works, Urban Forestry Group will use its own discretion as to how reasonably best to adjust the 50% staged payments in view of the Supplementary Work, this will be based on the accepted principle of payment in advance.

16.7 Please note that Supplementary Work can involve combinations of calculable and non-calculable fees.  

“Non-calculable” Supplementary Works

• 16.8 In respect of “non-calculable” Supplementary Work (i.e. where it is not possible to provide a fixed cost e.g. to resolve or repair any technical drawing issues, work out on-site any missing tree positions and transfer them to the site plan or, where Urban Forestry Group is providing or producing the easy-DWG Site Plan, including any administration and time between the Client and or the Client’s agent, including the assessment of any reissued drawings and or associated documents):
  • (a) on, or at either any time before (As an estimate) or, after completion of the non-calculable Supplementary Work, Urban Forestry Group will issue an invoice for such Supplementary Works, which shall be payable within 14-days from the date of the invoice. 
  • (b) such non-calculable Supplementary Work shall be charged for on a time spent basis with reference to our Basic Hourly Rates and, where applicable Basic Mileage Rates. Any estimates provided for the charges relating to the non-calculable Supplementary Works by Urban Forestry Group are intended to be indicative of the likely costs only and Urban Forestry Group shall in no way be bound by such estimate.
  • (c) documents provided that include Supplementary Work that will be charged for on a time spent basis and will include a method of security to restrict the use of the documents provided, until payment of such Supplementary Work is received in full as cleared funds.
• 16.9 Where Supplementary Work alters a 50% staged payment plan as set out in the Scope of Works, Urban Forestry Group will use its own discretion as to how reasonably best to adjust the 50% staged payments in view of the Supplementary Work, this will be based on the accepted principle of payment in advance.

Works performed outside of business hours:

• 16.10 All Work will be performed during Urban Forestry Group’s normal business hours, which are: Monday to Friday: 09.00am – 18.00pm excluding bank holidays, Christmas breaks [18th Dec 20 – 04th Jan 21] and including any holiday commitments. If requested to do so, Urban Forestry Group will provide to the Client upon written request, the dates of any pre-booked holidays, where all communications and work commitments are temporarily put on pause.
• 16.11 Urban Forestry Group shall be entitled to charge an overtime rate of 1.5 x the Basic Hourly Rate for any Works performed outside of Urban Forestry Group’s normal business hours.

Other costs:

• 16.12 Urban Forestry Group reserves the right not to incur any outlay or costs on behalf of the Client, unless the Client makes payment to Urban Forestry Group for these in advance.
• 16.13 If Urban Forestry Group is required to, or is otherwise requested by the Client (or the Client’s Agent) to, obtain a 3rd party GPS receiver in order to perform the Works, Urban Forestry Group shall submit an invoice to the Client for the costs associated with obtaining such 3rd party GPS receiver (including the costs of insurance and return). Such an invoice must be paid within 14-days of the date of the invoice. Urban Forestry Group will not obtain the 3rd party GPS receiver until such an invoice has been settled in full and as cleared funds.
• 16.14 In the event Urban Forestry Group is required to instruct a third-party consultant to provide specialist goods or services as part of the Works; this will be set out in the Scope of Works (or otherwise in writing by Urban Forestry Group from to time), Urban Forestry Group will only proceed to instruct the third party to proceed once the Client has agreed to such instruction. The third-party will invoice the Client separately under their own terms of business; with the exception of CAD Design Services, which invoices Urban Forestry Group directly, and such costs will be recoverable in by full Urban Forestry Group from the Client.
• 16.15 Any requirement for Urban Forestry Group to hold additional insurance cover beyond that set out in s.21.1 may incur additional charges in agreement with the Client.

s. 17 METHODS OF PAYMENT:

• 17.1 Urban Forestry Group only accepts payment in Bank of England pound sterling GBP.
• 17.2 The preferred method of payment is by Bank Automated Clearing System [BACS] using the faster payment option to the bank account nominated in writing by Urban Forestry Group from time to time.
• 17.3 Urban Forestry Group accepts cheques however the Client accepts that the cheque will have to clear to enable the Works to proceed.
• 17.4 The Client can also pay by cash into at any branches of either the Bank of Scotland or Halifax using the bank pay in details nominated in writing by Urban Forestry Group from time to time. We do not accept cash payments on-site.
• 17.5 Urban Forestry Group cannot take debit or credit card payments over the phone.
• 17.6 It is the Client’s responsibility to ensure that they notify Urban Forestry Group that payment of the Quotation Fee and the charges associated with the “calculable” Supplementary Works has been made in order to avoid any delays in the Works.

s. 18 PRIVACY:

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy (available at https://www.urbanforestry.co.uk/privacy-policy.html), which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

s. 19 CANCELLING YOUR WORKS ORDER AND ENDING THE CONTRACT:

19.1 Cooling-off period – your right to cancel under the Consumer Contracts Regulations 2013:

• (a) If you are a consumer client, you have a legal right under the Consumer Contracts Regulations 2013 to change your mind within 14 days without giving any reason and receive a full refund. However, you do not have the right to cancel if you requested us to start providing the services during the cancellation period and the services are fully performed (i.e. the Works have been completed) during this period. This is further explained below.
• (b) The cancellation period will expire after 14 days from the date upon which you submit a Works Order to us.
• (c) To exercise the right to cancel, you must inform us of your decision to cancel the Contract by a clear statement (e.g. a letter sent by post or email) using the contact details at the top of the Contract. You may use the model cancellation form available here: https://urbanforestry.co.uk/cancellation-form, but it is not obligatory.
• (d) If you cancel after we have started the Works, you must pay us for the Works provided up until the time you tell us that you have changed your mind.
• (e) To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
• (f) We will not start providing the services during the 14-day cancellation period unless you ask us to. If you request us to start performing the Work during the cancellation period and the Work is fully performed (i.e. the Work is completed) during this period, you lose your right to cancel and will be required to pay the full price under the Contract even if the cancellation period has not expired.
• (g) This does not affect the rights you have if the Work is faulty. A summary of these rights is provided at s.8.
• (h) The 14-day cooling-off period and system of refund as described above is extended to include the purchase of any paid-for Supplementary Work and/or a priority booking, based on the date/time of order.

• 19.2 Ending the Contract because of something we have done or are going to do: If we have breached the terms of the Contract you can end the Contract immediately. If you are a consumer, this does not affect your statutory consumer rights or other rights available to you at law.

• 19.3 Ending the Contract where we are not at fault and there is no right to change your mind:
  • (a) Even if we are not at fault and you do not have a right to change your mind (see s.19.1), you can still end the Contract before it is completed, but you may have to pay us compensation.
  • (b) A contract for services is completed once we have completed the Works and you have paid for them.
  • (c) If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. In this situation, the Contract will end immediately and we will retain all monies paid by to cover the cost of any works undertaken by us up to the date of cancellation and, to the extent that the Works have not been completed, refund any costs relating to the incomplete part of the Works.

• 19.4 Our rights to end the contract:

• (a) We may end the Contract at any time by writing to you if:
  • (i) you do not make any payment to us by the due date;
  • (ii) you do not, at the time of us asking for it, provide us with information that is necessary for us to provide the Work;
  • (iii) you do not, within a reasonable time, allow us access to the site or the premises to which we will carry out the Work;
  • (iv) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfill its obligations under the Contract has been placed in jeopardy;
  • (v) if you are a business, you take any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), applying to the court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business; or
  • (vi) if you are a business, you suspend or threaten to suspend or cease or threaten to cease to carry on all or a substantial part of your business.
• (b) If we end the Contract in the situations set out in this s.19.4, the Contract will end immediately and we will retain all monies paid by to cover these cost of any Works undertaken by us up to the date of cancellation and the net costs we will incur as a result of your breaking the Contract. We may issue a partial refund of any money you have paid for Works we have not provided up to date of our cancellation.

• 19.5 Transferring files to a new service provider: If the Contract is cancelled for any reason, and the Client requests that Urban Forestry Group provides assistance in transferring matters to a new service provider, Urban Forestry Group shall provide such reasonable assistance as is required to facilitate this and shall be entitled to recover its costs for its time spent in providing such assistance.

19.6 Refunds:

• (a) Any requests for full or partial refunds shall be considered and determined by Urban Forestry Group in its sole discretion.
• (b) Urban Forestry Group will only refund to the Client by BACS using the bank sort code and account number as provided by the Client in writing.
• (c) Urban Forestry Group refund does not include entitlement to bank charges or interest.
• (d) If the Client decides to cancel the Works Order prior to the Works commencing, and has requested a refund: As a method of calculation, any Emails sent by Urban Forestry Group following payment for a Works Order will be charged for at an administration rate of £10.00 per email that Urban Forestry Group has produced and will be deducted from the amount refunded. This charge includes any telephones calls and will be incorporated with any other charges for Works undertaken prior to the cancelation request.

s.20 SUSPENSION OF WORKS

• 20.1 Without affecting any other right or remedy available to it, Urban Forestry Group may suspend the supply of Work or Supplementary Works (where applicable) under the Contract or any other contract between the Client and Urban Forestry Group if:
  • (a) the Client fails to pay any amount due under the Contract on the due date for payment;
  • (b) where the Client is a business, it becomes subject to any of the events listed in sections 19.4(a)(iv) – (vi), or Urban Forestry Group reasonably believes that the Client is about to become subject to any of them; and
  • (c) Urban Forestry Group reasonably believes that the Client is about to become subject to any of the events listed in sections 19.4(a)(iv) – (vi).

s.21 OUR LIABILITY:

Insurance

• 21.1 Urban Forestry Group currently holds the following insurance policy cover:
  • (a) Public Liability £,1,000,000 per claim;
  • (b) Products Liability £,1,000,000 per claim; and
  • (c) Professional Liability £,1,000,000 per claim.

21.2 Our responsibility to you if you are a consumer client.

• (a) We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with the Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us before entering into the Contract.
• (b) We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Work as summarised at s.8 (Consumer Rights Act 2015).
• (c) If we are providing Work on your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the Work.
• (d) We are not liable for business losses. If you are a consumer we only supply the Work to you for domestic and private use. If you use the Work for any commercial or business or re-sale purpose our liability to you will be limited as set out in s. 21.3.

21.3 Our responsibility to you if you are a business client.

• (a) The limits and exclusions in this s.21 reflect the insurance cover Urban Forestry Group has been able to arrange and the Client is responsible for making its own arrangements for the insurance of any excess loss.
• (b) References to liability in this s.21.3 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
• (c) Nothing in the Contract limits any liability which cannot legally be limited, including but not limited to liability for:
  • (i) death or personal injury caused by negligence;
  • (ii) fraud or fraudulent misrepresentation; and
  • (iii) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
• (d) Subject to 21.3(c), Urban Forestry Group’s total aggregate liability to the Client shall not exceed 110% of the sums paid or payable by the Client for the Works under the Contract by the Client.
• (e) Subject to s.21.3(c), the following types of losses are wholly excluded:
  • (i) loss of profits (whether direct, indirect or consequential);
  • (ii) loss of sales or business (whether direct, indirect or consequential);
  • (iii) loss of agreements or contracts (whether direct, indirect or consequential);
  • (iv) loss of anticipated savings (whether direct, indirect or consequential);
  • (v) loss of damage to goodwill (whether direct, indirect or consequential); and
  • (vi) indirect or consequential loss.
  • (f) This s.21.3 shall survive termination or expiry of the Contract.

21.4 Events beyond our control. If our supply of the Works is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.

s.22 COMPLAINTS:

• 22.1 How we resolve disputes if you are a consumer client. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to ProMediate at www.promediate.co.uk. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform. If you are not satisfied with the outcome you can still bring legal proceedings.

• 22.2 Dispute resolution procedure if you are a business client:
  • (a) If Urban Forestry Group is unable to resolve a dispute; then both parties agree to enter a professional Alternative Dispute Resolution Service’ [ADR] and in good faith, to settle any dispute, and to honour its decision in accordance with the ProMediate Mediation Procedure.
  • (b) To initiate the mediation; a party must give notice in writing (‘ADR notice’) to the other party[ies] to the dispute, referring the dispute to mediation. A copy of the referral should be sent to ProMediate at www.promediate.co.uk – who are the Alternative Dispute Resolution Service’ [ADR].
  • (c) Unless otherwise agreed between the parties in writing, within 30-days of notice of the dispute, the mediator will be nominated by ProMediate.
  • (d) If there is any point on the logistical arrangements of the mediation, other than the nomination of the mediator, upon which the parties cannot agree within 30-days from the date of the ADR Notice, where appropriate and in conjunction with the mediator, ProMediate will be requested to decide that point for the parties having consulted with them. Unless otherwise agreed, the mediation will start not later than 28-working days, after the date of the ADR notice.

s. 23 INTELLECTUAL PROPERTY RIGHTS

• 23.1 All intellectual property rights produced by Urban Forestry Group in connection with the Works (including in all survey reports) shall belong to Urban Forestry Group.

s. 24 GENERAL TERMS:

• 24.1 The survey is based on the conditions seen on site at the time of the site survey with all trees being surveyed from ground level.
• 24.2 Prior to undertaking any Urban Forestry Group recommendations, including tree surgery works; the Client is advised to establish through the appropriate channels for the detection of bats, nesting birds, endangered or rare species of wildlife and in consideration of the relevant legislation including Wildlife and Countryside Act 1981.
• 24.3 If trees to be surveyed are inaccessible, due to inclusion within a hedge, on neighbouring property, on a steep slope, or other ground conditions considered to present a potential safety risk, or surrounded brambles / site debris; Urban Forestry Group will undertake the survey from a safe point and provide estimated measurements and a limited survey and note any access restrictions in the tree survey.
• 24.4 Urban Forestry Group will not tolerate any abusive and / or threatening behaviour in any form and any such incidents will be reported to the relevant persons / authority. Urban Forestry Group will notify the Client asking them to rectify the situation and Urban Forestry Group also reserves the right to charge for any reasonable costs incurred consequently that uses its business time.
• 24.5 On completion of Works: Urban Forestry Group its sister company Mapscape Limited & CAD Design Services may use extracts from the work undertaken, for electronic marketing purposes, including display on their respective website as examples of work undertaken.
• 24.6 Unless specially instructed not to do so in writing by the Client, the Urban Forestry Group site surveyor may make use of open grassland to drive across to access area/s to be surveyed, depending on ground conditions, this may leave temporary surface tyre marks and this is accepted by the Client.
• 24.7 The Client (and the Client’s Agent) accepts any human error survey and or omissions accidently made by Urban Forestry Group.
• 24.8 An Urban Forestry Group tree survey report is not a guarantee of tree health or safety. It is a representation of conditions seen at the time of survey that are considered to be dymanic, involving multiple biological and environmental processes that are in a constant state of change. 
• 24.9 Urban Forestry Group is unable to store any paper documents on behalf on the Client / client’s agent.
• 24.10 Urban Forestry Group does not sign, and is not party to any 3rd party ‘terms and conditions’, subcontractor agreements, drawing release forms and / or any questionnaires, either prior to, or during any work, unless specified in Scope of Works:
• 24.11 If required: assistance with reading and writing English is available through your local citizen’s advice bureau.
• 24.12 Urban Forestry Group does not answer withheld or international numbers or reply to any messages left from these numbers.
• 24.13 Urban Forestry Group is aware of the importance and time measured seriousness of climate change and the reported scientific cases of extreme weather, and will where considered necessary; refer to this event in any of the documents produced in support of combatting climate change.
• 24.14 Urban Forestry Group does not in way claim to be, advertise or undertake any work using the status of expert.
• 24.15 Due to the ongoing COVID-19 Pandemic, Urban Forestry Group will only visit the site in line with UK Governments advice and only if Urban Forestry Group considers it safe to do so.

s.25 GOVERNING LAW AND JURISDICTION:

• 25.1 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer client. The Contract is governed by English law and you can bring legal proceedings in respect of the Work in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Work in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Work in either the Northern Irish or the English courts.
• 25.2 Which laws apply to this contract and where you may bring legal proceedings if you are a business client. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

s. 26 GENERAL:

• 26.1 We may transfer our rights and obligations under the Contract to another organisation.
• 26.2 You may only transfer your rights or your obligations under the Contract to another person if we agree to this in writing.
• 26.3 No other person shall have rights to enforce any of the terms of the Contract.
• 26.4 No variation to the Contract shall be binding unless agreed in writing between Urban Forestry Group and you. For Urban Forestry Group only the director responsible for delivery of the Work may enter into or vary the Contract on behalf of Urban Forestry Group.
• 26.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of the Contract operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
• 26.6 If we do not insist immediately that you do anything you are required to do under the Contract, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Work, we can still require you to make the payment at a later date.

Why work with us? A Quality Assurance Statement:

Urban Forestry Group has over 15-years of providing a good service and operates at a high level of recognised qualification in producing arboricultural and landscape design services with a 100% success rate:

• Our technical performance includes being able to work with and produce accurate DWG drawings using AutoCAD in 2D.
• The quotation cost is calculated on the time taken to undertake and produce the work to the standard required without cutting corners or over-charging.
• Our project management, site survey and production of document systems are through and are as described in this document.
• Urban Forestry Group is committed to helping our customers at all stages through the project and to deliver the work as required within the agreed timeframe.

Urban Forestry Group is recognised and trusted brand and is always be happy to answer any questions that you might have, looks forward to undertaking the work for you, and is sure that you will be completely satisfied with the work undertaken and services provided.