Terms, Conditions & Privacy
G A Butler & Sons quotations contain only the terms and conditions upon which G A Butler & Sons Ltd (referred to herein after as the contractor) will do business with the customer and shall prevail any other verbal or written conditions, otherwise written to the customer. Your written or verbal go ahead for work to commence will assume acceptance to these conditions.
- The customer may cancel no order which has been booked in by the contractor, unless the contractor has given his written agreement to the cancellation. Should the customer cancel a booked in job, for any reason, they will incur charges. Normally 10% of the job, but based on other conditions.
- The price quoted in the quotation is valid for sixty days, should the customer require extra work or a change to the original quotation, an additional charge will be made. The customers written or verbal acceptance of this quote is a binding agreement to carry out the extra work according to these terms and conditions.
- Payment for work is expected in full, within 14 days of invoice. Please note all accounts beyond our credit terms will be passed to our debt collection agency, Sinclair Goldberg Price Ltd. All accounts, without exception, will be subject to a surcharge of 15% plus vat to cover our costs in recovery. These accounts will also be subject to any legal costs incurred in obtaining settlement.
- The contractor cannot be held responsible for delays to the job commencement date, any problems arising from any delay, financial or otherwise are not the contractor’s responsibility.
- The customer is responsible for notifying the contractor of the position of any services at the work site. Any damage to pipes, wires, cables or other is the responsibility of the customer. The contractor will exercise due care when working near services but may have to cease work and leave unfinished if work becomes unsafe. This is not an excuse for reduced payment.
- The customer is responsible for investigating and notifying the contractor of any Tree Preservation Orders or Conservation Orders relating to the trees included in the contract. The customer must obtain permission in writing for any work from the Local Planning Authority. The customer is responsible for informing the contractor of the presence of any wildlife including, but not limited to Bats and Nesting Birds in the tree or at the work site. (Wildlife and Countryside Act WACA 1981) (Countryside and Rights of Way Act CRoW 2000)
- Should site conditions change after the date of the quotation, the contractor may charge for additional work resulting from changed site conditions
- The contractor always endeavours to leave the site clean and tidy, however due to the nature of some sites, ground disturbance may occur. The customer will be responsible for remedying this, unless agreed otherwise beforehand.
- Any claim or complaint by the customer must be made, in writing, within seven days from the ‘offence’. Should the contractor accept liability, repair or replacement will be made, like for like, free of charge. As soon as is practical. Failing this the contractor shall be under no obligation to remedy, restore, replace, reduce or rectify any problem.
- Should the contractor be delayed due to circumstances beyond our control including for example, (but not limited to) strikes, loss of keys, lockouts, disputes or indecision, charges may be incurred by the customer.
- Any advice given or work recommended are only guidelines, the contractor will not be held responsible for any problems resulting from our recommendations
- The customer or their representative confirms that all trees, shrubs, etc are owned by him/her or the representative. Or that they have the written authorisation of the owner for the agreed work.
- The tolerance for discrepancies on any paving, driveways etc is +or- 10mm.
- Timber is a natural product and is subject to splitting and twisting as it weathers. This is usual and we cannot be held responsible for this process, and any changes to the appearance of the fence, structure etc that may occur.
The terminology by which the contractor works is listed below.
Deadwood: wood that is not alive, with no growth, with a diameter of 20mm or more.
Major Deadwood: all deadwood with a diameter of 100mm or more, dependant on species.
Stumpgrinding: the mechanical or manual removal of tree stumps and buttress roots only, to approx 200mm /8inches below ground level. Grindings generated will be left on site unless otherwise agreed.
Crown lifting: the removal of lower branches to facilitate access vehicular or pedestrian, also creates more light.
Crown reductions: the reduction of the spread of a tree, leaving a percentage of the foliage, shape to be retained as far as possible
Crown thin: the removal of a proportion of branches generally stated in % to leave a uniform crown, generally done to create light and reduce wind resistance.
Crown clean: the removal or dead, damaged, rubbing branches and removal of epicormic growth.
Epicormic growth: weakly attached shoots at the base, on the stem and sometimes in the crown of a tree.
Mycorrhiza: a friendly fungus which helps trees to uptake nutrients, applied into the soil through an air probe.
Brushwood: the branches with the leaves on generally up to a 150mm diameter
Cordwood: the larger diameter wood in left in manageable pieces or long lengths.
Seasoned logs: hardwood logs cut to fit in a fire, having previously been stacked and stored to dry out.
Woodchippings: small woodchip suitable for weed suppression, water retention and paths, but generally not for play areas. May contain a small amount of ‘stringy’ bits.
MEWP: Mobile Elevated Work Platform or ‘cherry picker’
Hire Terms & Conditions
- Hire is charged daily (8am-5pm). If you, the hirer, are unable to return the hired plant, equipment or machinery by the end of the agreed day, or it is not ready upon collection you may be charged.
- Upon collection or delivery, you, the hirer, must check all hired plant, equipment or machinery and report any damage or fault to GA Butler & Sons Ltd in writing on this hire agreement.
- You, the hirer, are responsible for the daily maintenance of all hired plant equipment or machinery. As the hirer, you must return the machinery clean, full of fuel and sharp. (You will be charged for any cleaning, sharpening and refuelling costs).
- Any breakages or damage to all hired plant, equipment or machinery will be charged to you, the hirer, whether the damage was caused by you, your staff or any other person. You, the hirer, will also be charged for every day, until the hired plant, equipment or machinery is repaired or replaced.
- Any lost or stolen machinery will be charged to you, the hirer, at the full replacement cost. You, the hirer, will also be charged for every day, until the hired plant, equipment or machinery is found or replaced.
- All hired plant, equipment or machinery is the responsibility of you, the hirer, and must be insured by you, for every possible circumstance.
- GA Butler & Sons Ltd accept no responsibility for any damage you cause with our plant, equipment or machinery. GA Butler and Sons Ltd accept no responsibility for any loss you incur, resulting from breakdown to our plant, equipment or machinery.
- The acceptance of these conditions will continue for any extension of the hire period
Terms & Conditions for the supply of goods
- All goods are sold and supplied strictly to G A Butler & Sons Ltd “Conditions of Sale”.
- All Goods and Services will be charged at the prices current at the point of delivery, excluding VAT.
- A delivery charge may be imposed at the Seller’s Discretion.
- The Buyer shall pay for the Goods and Services in full prior to delivery.
- The Buyer will be responsible for providing safe and suitable storage and will indemnify the Seller against any damages, expenses or costs which may arise from the Buyer’s failure to do so.
- For the purpose of this sale, the quantity shown on the delivery invoice by the Seller shall be accepted by the Buyer as the quantity delivered.
- Risk in the Goods shall pass to the Buyer and the point of delivery. Title for the Goods shall pass as soon as the Goods have been paid for in full.
- Where accounts have not been settled, the Seller reserves the right to enter the Buyer’s property to retrieve such goods which the Buyer will make available to the seller.
- The Seller should not be under any liability to the Buyer in respect of any failure to perform or delay in performing any of its contractual obligations to the Buyer attributable to any cause of whatsoever nature beyond the Seller’s reasonable control and no such failure or delay should be deemed for any purpose to constitute a breach of contract.
- The Buyer shall inspect the Goods as soon as practicable after delivery and must notify the seller within 3 days of delivery of any claim for shortages, damages or loss in transit, failing which the Goods shall be conclusively presumed to have been received and accepted by the Buyer.
- Accepting delivery of the Goods or Services shall be considered as acceptance of G A Butler & Sons Ltd Conditions of Sale.
- The Seller reserves the right to charge part load and waiting time charges at their own discretion where deemed appropriate.
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