Responded quickly and provided good value estimate. Agreed dates for work and both jobs (tree removed and hedge reduced) done as agreed, efficiently and professionally. Will be recommending to others.
Paul Gilbert
THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 9 (LIMITATION OF LIABILITY).
These Conditions
These Conditions set out the terms and conditions on which we will supply our services to you. Please read these terms carefully. These terms also set out who we are, how we will provide the services to you, how either party may end the contract and other important information.
Who we are and how to contact us
We are Dr Stump Limited (referred to as “we”, “us”, “the Supplier” in these Conditions), a company registered and incorporated in England and Wales with company number 10464001. Our registered office is at 10 Buxton Road, Frettenham, Norwich, NR12 7NG and our registered VAT number is 356712488.
Our contact telephone number is 01603 358778 and our email address is info@drstump.co.uk.
Interpretation
The following definitions and rules of interpretation apply in these Conditions.
Definitions:
Applicable Laws: all applicable laws, statutes, regulations and standards applying to the person or circumstances in question, including standards imposed by or notices issued by any governmental or regulatory authorities and all generally applicable industry standards as amended from time to time.
Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Charges: the charges payable by you for the supply of the Services in accordance with clause 8.
Commencement Date: has the meaning given in clause 4.2.
Conditions: these terms and conditions as amended from time to time in accordance with clause 15.4.
Consumer: a natural person acting for purposes outside their trade, business or profession.
Contract: the contract between you and us for the supply of Services in accordance with these Conditions.
Customer/you: the person or firm who purchases Services from us under the Contract.
Customer’s Obligations: has the meaning given in clause 7.
Order: your order for Services as set out in your purchase order form or your written acceptance of our Proposal (as the case may be).
Proposal: the proposal document provided by us to you, setting out the Services to be carried out and the Charges.
Services: the services supplied by us to you as set out in the Specification.
Site: the site at which we are to perform the Services.
Specification: the Proposal and any other description or specification (including any relevant plans, drawings and/or designs) provided in writing by us to you of the Services.
Supplier Materials: has the meaning set out in clause 7.1(j).
A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
A reference to a party includes its personal representatives, successors and permitted assigns.
A reference to a statute or statutory provision is a reference to it as amended or re-enacted and includes all subordinate legislation made under that statute or statutory provision.
Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
A reference to writing or written includes email but not email.
Basis of contract
The Order constitutes an offer by you to purchase Services in accordance with these Conditions.
The Order shall only be deemed to be accepted when we issue a written acceptance of the Order or we begin the Services (whichever is the earlier) at which point and on which date the Contract shall come into existence (“Commencement Date”).
Any samples, drawings, descriptive matter or advertising issued by us, and any descriptions or illustrations contained on our website, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
These Conditions apply to the Contract to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Any quotation (including the Proposal) given by us to you shall not constitute an offer, and is only valid for a period of 30 days from its date of issue.
Supply of Services
We will supply the Services to you in accordance with the Order and the Specification in all material respects.
We will use all reasonable endeavours to meet any performance dates for the Services as specified by us, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services.
We warrant to you that the Services will be provided using reasonable care and skill.
Unless otherwise set out in the Specification:
the Services shall not include the removal of lateral subterranean roots from the Site;
the heave from the root plate of the earth will not be removed;
stump-grinding will be to a minimum depth of 100mm (4’’) below the immediately adjacent ground level (including any above ground visible surface roots);
all waste product arising from the Services (including, but not limited to, branches, woodchips, logs, foliage) will be removed from the Site and shall become our property (subject to the fact that a minimal amount of sawdust may remain at the Site which will naturally rot away); and
decaying leaves and rotting ground foliage will be left at the Site.
If you do not allow us access to the Site to provide the Services, we may charge you for any additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to rearrange access to the Site within a reasonable time frame, we may terminate the Contract.
You acknowledge that in supplying the Services we may cause some disturbance to the ground surface of the Site, however we will use reasonable endeavours to keep such disturbance to a minimum. We shall not be liable to you for any costs or losses incurred or arising directly or indirectly from such reasonable disturbance.
We will use all reasonable endeavours to ensure that no breakages or damage occurs at the Site during the performance of the Services (including, but not limited to, damage to fences, gates, sheds, walls, paths or artificial grass). However you acknowledge that such damage may occur from time to time and we shall not be liable to you for any costs or losses incurred or arising directly or indirectly from such damage provided that we have taken reasonable care in the performance of the Services.
Any additional Services to be provided beyond those set out in the Order and the Specification shall be charged at our standard rates at the time of performance and we will charge an additional fee for any materials that may be required to provide such additional Services.
Changes to the Services
In the event that you wish to alter or vary the Services from those agreed in the Specification after the Commencement Date, you must provide details of the requested change to us as soon as possible. On receipt of this request, we will advise whether the variation or alteration would result in any amendment to the Charges or timing of the supply of the Services and any other information relevant to that amendment or alteration. You must then confirm within 5 Business Days of receiving notice of the revised Charges and/or timings whether you wish to proceed on the basis of the updated information, in which case, the Specification will be varied to reflect this change. If you are a Consumer and you do not agree to the revised Charges and/or timings, you may terminate this Contract by giving notice to us in writing.
We reserve the right to carry out any alteration or variation to the Services if required by:
any Applicable Laws; or
the existence or discovery of any structural or similar defect or other adverse condition of the Site that would affect our provision of the Services,
in which case, we will notify you. If such alteration or variation will materially change the nature of quality of the Services, we will notify you as soon as practicable.
Customer’s obligations
You will:
ensure that the terms of the Order and any information you provide in the Specification are complete, accurate and not misleading, including providing specific details of the following:
full details (including, but not limited to, plans, surveys and diagrams) of the location of any underground services or utilities at the Site;
the location of any non-organic material which may impact performance of the Services at the Site; and
the location of any asbestos or other hazardous or contaminant materials present at the Site;
co-operate with us in all matters relating to the Services;
provide us, our employees, agents, consultants and subcontractors, with unobstructed access to the Site and other facilities as we may reasonably require;
provide us with such information as we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
prepare the Site prior to and during the supply of the Services to ensure that we can properly perform our obligations under these Conditions;
obtain and maintain all necessary licences, permissions and consents (including, but not limited, the consent of any neighbouring property owners) which may be required for the Services before the date on which the Services are to start;
ensure that the Site are in a safe and secure condition at all times during the provision of the Services;
ensure that the Site is free from hazardous materials, including, but not limited to, asbestos;
comply with all Applicable Laws, including health and safety laws;
at your expense, keep all materials, equipment, documents and other property belonging to or provided by or obtained by us (“Supplier Materials”) at the Site in safe custody, maintain the Supplier Materials in good condition until returned to us and not dispose of or use the Supplier Materials other than in accordance with our written instructions or authorisation; and
comply with any additional obligations as set out in the Specification.
Unless agreed between the parties in writing in advance of the Services being performed, it is your responsibility to obtain all relevant and necessary approvals and consents from the relevant third parties. We will not be responsible for any delay in the provisions of the Services (or any part of them) arising from your failure or delay in obtaining the relevant approvals and/or consents.
If our performance of any of our obligations under the Contract is prevented or delayed by any act or omission by you or any failure by you to perform any relevant obligation (“Customer Default”):
without limiting or affecting any other right or remedy available to us, we will have the right to suspend performance of the Services until you remedy the Customer Default, and to rely on the Customer Default to relieve us from the performance of any of our obligations in each case to the extent that the Customer Default prevents or delay us our performance of any of our obligations;
we will not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of our obligations as set out in this clause 7.3; and
you will reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Customer Default.
You grant to us, or will procure the grant to us of, a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of the Contract for the purpose of providing the Services to you.
Charges and payment
The Charges for the Services shall be as set out in the Specification.
In the event of Services which are required to be provided in an emergency (including, but not limited, in the event of storm damage) and with less than 24 hours’ notice, the Charges, commencing from when we arrive at the Site, shall be as follows:
during normal working hours (9am – 5pm, Monday to Friday); £150 per person for the first hour and £95 per person for each hour thereafter;
after 5pm on weekdays and any time on a Saturday; £200 per person for the first hour and £125 per person for each hour thereafter; and
after 7pm on weekdays or Saturdays, and at any time on Sundays; £250 per person for the first hour and £150 per person for each hour thereafter.
We reserve the right to increase the Charges for the Services by giving notice to you at any time before or during the performance of the Services to reflect any increase in the cost of the Services or any other materials required for the Supplier to properly perform the Services that is due to:
any alteration or variation to the Services as requested by you in accordance with clause 6;
any request by you to change the date of performance of the Services;
any delay caused by any instruction from you in respect of the Services or your failure to provide adequate or accurate instructions to us in respect of the Services; or
any change to the Site or ground conditions since the original Site visit, or adverse weather conditions.
We will notify you in the event of any increase in the Charges as a result of any circumstance in clause 6 or clause 8.3 and you will be entitled to cancel the Contract subject to the provisions of clause 12.4.
We will invoice you on or after completion of the Services, unless either:
it has been otherwise agreed by us in writing; or
you have requested a change to the Services in accordance with clause 6, in which case we reserve the right to invoice for the Charges in respect of the initially agreed Services upon their completion, and then raising an additional invoice upon completion of the additional Services.
You must pay each invoice submitted by us:
if you are a Consumer, within 7 days of the date of the invoice
if you are not a Consumer, within 30 days of the date of the invoice; and
in full and in cleared funds to a bank account nominated in writing by us, and time for payment shall be of the essence of the Contract.
Unless otherwise specified in the Order, all amounts payable by you under the Contract are exclusive of amounts in respect of value added tax chargeable from time to time (“VAT“). Where any taxable supply for VAT purposes is made under the Contract by us to you, you shall, on receipt of a valid VAT invoice from us, pay to us such additional amounts in respect of VAT as are chargeable on the supply of the Services at the same time as payment is due for the supply of the Services.
If you fail to make a payment due to us under the Contract by the due date, then, without limiting our remedies under the Contract, you will pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 8.8 will accrue each day at 6% a year above the Bank of England’s base rate from time to time, but at 6% a year for any period when that base rate is below 0%.
On termination of the Contract, the total balance of the Charges shall become due and payable by you to us immediately, less a reasonable sum for any Services that have not yet been provided or for which the cost has not yet been incurred by us.
Limitation of liability: THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
Nothing in the Contract shall limit or exclude our liability for:
death or personal injury caused by our negligence, or the negligence of our employees, subcontractors or agents;
fraud or fraudulent misrepresentation; or
any other liability which cannot be limited or excluded by Applicable Laws.
Limitation of liability – Consumers
If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
We will only supply the Services to end users. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitation of liability – Non-Consumers
If you are not a Consumer, subject to clause 9.1, we shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
loss of profits;
loss of sales or business;
loss of agreements or contracts;
loss of anticipated savings;
loss of or damage to goodwill; and
any indirect or consequential loss.
Subject to clause 9.1 and 9.4, our total liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract shall be limited to 250% of the Charges paid by you to us under this Contract.
This clause 9 shall survive termination of the Contract.
Cancellation – Consumers
Please note that this clause 10 will only apply to those persons dealing as Consumers and in circumstances where the Contract has been concluded away from our premises (for example, online or by telephone).
Your right to cancel
You have a right to cancel the Contract (without giving any reason) within 14 calendar days of the Commencement Date (the “Cancellation Period”).
You do not have a right to cancel the Contract once the Services have been completed, even if the Cancellation Period is still running.
In order to exercise your right to cancel, you either must inform us of your decision by a clear statement using the contact details set out in clause 2.2 above or complete the Model Cancellation Form which is available in hard copy upon request, or can be accessed on our website here. You must inform us of your decision to cancel before the expiry of the Cancellation Period.
Effects of cancellation
If you cancel the Contract in accordance with clause 10.4 above, we will refund you any amount of the Charges (or any other sums) that you have paid to us prior to your cancellation (subject to certain deductions in accordance with clause 10.6 below).
If you would like us to start work within the Cancellation Period, you must specifically inform us of this. You will still have the right to cancel during the Cancellation Period (if the Services have not been completed), but if you do cancel, you will be required to pay us, or we will deduct from your refund, an amount to cover the Services we have already performed or completed (including, without limitation, any costs). In these circumstances, you acknowledge and agree that we are authorised to commence the Services during the Cancellation Period.
When and how we will refund you
If you are entitled to a refund because you have exercised your right to cancel during the Cancellation Period, we will make such refund within 14 days of the date on which we are informed of your decision to cancel the Contract.
We will make the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the refund.
Please note that if you are not cancelling the Contract as a Consumer under this clause 10, we reserve the right to impose a charge up to the total aggregate Charges for the Services to reflect the costs we will have incurred during that time.
Cancellations – General
Subject always to the provisions of clause 10 (in the case of Consumers only), you shall be permitted to cancel the Contract prior to the commencement of the Services by providing us with notice in writing.
If you cancel the Contract in accordance with clause 11.1, you shall pay us a cancellation fee (the “Cancellation Fee”) as follows:
| Date on which notice to cancel the Contract is received by us | Cancellation Fee |
| Within 7 days after the Commencement Date | £100 |
| More than 5 days prior to date on which the Services are to commence | £100 plus 60% of the Charges |
| 5 or fewer days prior to the date on which the Services are to commence | 100% of the Charges |
Termination
Without affecting any other right or remedy available to it, either party may terminate the Contract with immediate effect by giving written notice to the other party if:
the other party commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 14 days of that party being notified in writing to do so;
the other party (not being a Consumer) takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), 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 its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
the other party (not being a Consumer) suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
the other party’s financial position deteriorates to such an extent that in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.
Without affecting any other right or remedy available to us, we may terminate the Contract with immediate effect by giving written notice to you if you fail to provide safe and secure access to its Site to enable us to properly perform the Services.
Without affecting any other right or remedy available to us, we may suspend the supply of Services under the Contract or any other contract between you and us if you become subject to any of the events listed in clause 12.1(b) or clause 12.1(c) (if you are not a Consumer) or clause 12.1(d) (if you are an individual), or we reasonably believe that you are about to become subject to any of them.
In the event that you wish to cancel the Contract in the circumstances set out in clauses 6 or 8.3 you shall inform us prior to any additional works being carried out and as soon as possible by giving written notice to us. Any monies paid by you up to the date of cancellation will be refunded (without interest) less such reasonable sum for any Services performed and any other costs incurred by us up to that date.
Consequences of termination
On termination of the Contract:
subject to clause 8.9, you will immediately pay to us all sums under all of our outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, we shall submit an invoice, which shall be payable by you immediately on receipt; and
you will return all of the Supplier Materials and/or other materials which have not been fully paid for by you. If you fail to do so, then we may enter the Site (or any other premises at which the Supplier Materials are being stored) and take possession of them. Until they have been returned, you will be solely responsible for their safe keeping and will not use them for any purpose not connected with the Contract.
Termination of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall continue in full force and effect.
Alternative Dispute Resolution
Dr Stump Limited is a member of the Norfolk Trusted Trader scheme. In partnership with Referenceline, Norfolk Trusted Trader offers independent dispute resolution. We will endeavour to resolve any customer disputes fully and fairly through our own internal processes. In the event of a complaint not being resolved we will write a final letter to you called a ‘deadlock’ letter. This letter signals that we have reached the end of our internal complaints procedure and that you may now progress your issues to independent dispute resolution through Norfolk Trusted Trader. For more information please go to the Norfolk Trusted Trader website www.norfolk.gov.uk/trustedtrader and follow the link to ‘Trusted Trader disputes’.
General
Unexpected events. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
Assignment and other dealings.
We may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of our rights and obligations under the Contract. If you are a Consumer, we will provide you with written notice of our intention to exercise our rights under this clause, and we will ensure that your rights under the Contract will remain unaffected.
Unless you are a Consumer and we have provided our written consent, you will not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of your rights and obligations under the Contract.
Entire agreement (applicable only to non-Consumers).
The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
Nothing in this clause shall limit or exclude any liability for fraud.
Variation. Except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a
waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
Third party rights. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
