These terms and conditions are provided as a service agreement between Clare Tree Surgeons and the Client. Clare Tree Surgeons will be hereinafter referred to as the “Tree Co”.
With this agreement, the Tree Co is authorized to perform care and services as outlined below, and which shall apply to any and all trees owned by Client, including any and all trees that the Client obtains on or inside their boundary after the date this document is executed.
Please Note: To ensure that you, the Client, are covered under the liability policy of this company, ALL services and appointments must be made through Clare Tree Surgeons email. When you make the reservation, please confirm the booking via email, this is to ensure that the reservation for services is secured.
GENERAL:
1) The Tree Co herewith agrees to provide the services as discussed in a reliable, safe and trustworthy manner. In consideration of these services and as an express condition thereof, the Client expressly waives and relinquishes any and all claims against the Tree Co, except for those arising from the negligence of the Tree Co.
1a) Client agrees to notify Clare Tree Surgeons of any concerns within 24 hours of completion of services. Please note that this includes any loss of property, or damages thereto, due to negligence of the Tree Co.
1B) Clare Tree Surgeons reserves the right to refuse service to any client, at any time, for any reason.
DEPOSIT & PAYMENT TERMS:
2) Client agrees to pay all charges accrued for services rendered. Client understands that payment is due at the time of the commencement of services unless explicitly agreed upon supplementary payment terms. A 50% deposit will be required to reserve dates, with the 50% balance to paid and reflect in Clare Tree Surgeons’s bank account at least 24 hours prior to work commencing.
2a) Clare Tree Surgeons reserves the right to charge a cancellation fee of 30% of the scheduled work’s cost for services which are cancelled with less than 7 days notice prior to the scheduled service. Cancellations within 24 hrs of bookings, deposit is non refundable.
MEDICAL EMERGENCIES:
3) If a medical emergency arises, the Tree Co will make every effort to perform first aid and immediately contact the emergency services before seeking medical treatment.
However, if time is of the essence or Tree Co is unable to reach emergency services due to coverage signal failure, the Tree Co will take the injured party(s) to the nearest hospital for treatment. Tree Co agrees to pay for all services rendered to the injured party(s) should such a medical emergency arise, and Tree Co releases the Client from any and all liabilities related to transportation, treatment and expenses.
4) The Tree Co is responsible for making sure that all staff have received all current required and recommended safety training as is required by the Irish Arborist Association.
In the event that the Tree Co staff or a third-party (another person) is hurt or injured on the Client’s property(s), the Tree Co herewith agrees to pay all medical expenses, costs and lost wages incurred by the Tree Co or third-party due to such injury.
Client agrees to indemnify, hold harmless, and defend the Tree Co in the event of a claim by any person injured on the Client’s property. The Client is not responsible, nor will be held liable, for any medical expenses incurred on person(s) during or after the Tree Co services.
Clare Tree Surgeons shall exercise all precautions against sickness, injury, loss, accidents or death on Client’s property(s). However, Clare Tree Surgeons is not responsible for sickness, injury, loss, accidents or death on Client’s property(s) unless caused through wilful misconduct on the part of Clare Tree Surgeons.
PROPERTY & SECURITY:
5) The Tree Co shall not be held responsible for any damage to property owned by Client or third parties unless such damage is caused by a negligent act of Tree Co. This includes, but in no way is limited to, water leaks or matters involving electrical wires or systems.
The Client must please also ensure that all valuables are locked away and kept safe during the Tree Co service, as the Tree Co will not be held liable for any loss of or damages to property.
5a) The Tree Co will also not be held liable for any damages to property if the Client allows any other person, whether it’s a neighbour, friend, family member or other person to enter the property during the time the Tree Co is carrying out the services for the Client.
If Client does allow access to someone other than the Tree Co during the duration of the job, Tree Co services will not be rendered unless arranged with Tree Co beforehand.
5b) The Tree Co will not be liable for any loss or damage in the event that a Client’s home is burglarized during the Tree Co services. The Client specifically agrees that he/she will secure the home prior to leaving and that the Client will provide the Tree Co with written instructions on how to properly secure the property if on vacation.
6) It is the sole responsibility of the Client to make sure that their home and property are “burglar-proofed” as the Tree Co will not be held responsible for any vehicle damage or other damages caused to the home or site, unless due to negligence of Tree Co.
6a) The Tree Co is also not liable for cars that are left outside the client’s property when the Tree Co is not present. For example: A car that is damaged before our visit, or cars that arrive after the work commences.
7) As it is not always guaranteed that a property will be 100% secure, the Tree Co therefore does not accept responsibility or liability for any client’s family members, children, are injured or become lost, fatal or otherwise, when kids are left out or given access to a dangerous work area.
8) Clare Tree Surgeons and its staff will not make copies of client’s key(s) or store any gate access codes.
9) Clare Tree Surgeons has permission to provide client’s key(s) or gate access codes to any representative of Clare Tree Surgeons for the duration of services. This includes contractors under Clare Tree Surgeons employment for the duration of the service/tree care services/bookings.
WORKING:
10) All staff must be insured and wearing PPE at ALL times when Tree Co is in on site. Clare Tree Surgeons will not allow untrained staff to enter the property.
WEATHER:
11) In the event of inclement weather or natural disaster, the Tree Co will use their best judgment in carrying out the work on the Client’s property(s) and home but will not be held responsible for any damage to Client’s home or injury to Client’s family members arising from such decision.
The Tree Co will communicate with the Client, but the Client herewith agrees that the Tree Co may proceed, should the Client not be reachable in a timely manner.
MARKETING:
12) Client authorizes the use of property(s) pictures on Clare Tree Surgeon’s website, social media and/or marketing materials for promotional purposes.
CHANGES TO TERMS & CONDITIONS:
13) Clare Tree Surgeons reserves the right, at its sole discretion, to modify or replace the terms at any time.
If the alterations constitute a material change to the terms, Clare Tree Surgeons will notify Client. What constitutes a material change will be determined at Clare Tree Surgeons sole discretion, and Client will be responsible for reviewing and becoming familiar with any such modifications. Using any of Clare Tree Surgeons services following notification of a material change to the terms shall constitute Client’s acceptance of modified terms.
14) These terms and conditions of service apply to all.
If you have any questions, please don’t hesitate to reach out to us via email:
info@claretreesurgeons.ie