Terms and Conditions of Engagement for Consultancy Services
1. Introduction
These Terms and Conditions apply to all consultancy services provided by Entwood Arboricultural Consultants Ltd (“the Company”, “we”, “us”). By instructing us to proceed with any work, the client (“you”, “the client”) accepts these terms.
2. Scope of Services
2.1 We provide arboricultural consultancy services only. This includes, but is not limited to:
• BS5837 surveys and reports
• Arboricultural Impact Assessments (AIA)
• Arboricultural Method Statements (AMS)
• Tree risk assessments (VALID)
• Tree inspection reports
• Subsidence investigation reports
• Large-site tree surveys
• Pre-purchase arboricultural mortgage reports
• Biodiversity Net Gain (BNG) assessments
2.2 We do not undertake tree surgery, pruning, felling or any practical arboricultural operations.
2.3 The scope of work will be set out clearly in our fee proposal or written instruction.
3. Client Responsibilities
3.1 You must provide accurate information, safe access to the site and any relevant documents or plans needed for the work.
3.2 You must inform us of any hazards, restrictions, or site conditions that may affect safety or access.
3.3 Where pruning or tree removal is recommended, the responsibility for obtaining permission (e.g. TPO, Conservation Area) remains with the client unless otherwise agreed.
4. Fees and Payment
4.1 Fees are set out in our written quotation.
4.2 Unless stated otherwise, quotations are valid for 30 days.
4.3 Invoices are due within 14 days of the invoice date.
4.4 We reserve the right to charge interest on overdue invoices in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
4.5 Additional work or variations requested after acceptance of the quotation will be charged at our standard hourly or daily rates.
5. Site Access and Safety
5.1 No climbing or intrusive inspections will be carried out unless specifically agreed.
5.2 If access is restricted or unsafe, we may postpone or adjust the inspection. This may result in additional charges.
6. Tree Ownership and Legal Matters
6.1 Our assessments relate only to the trees identified within the scope of instruction.
6.2 It is the client’s responsibility to confirm legal ownership of trees, boundaries and land.
6.3 Where protected trees are present (TPO or Conservation Area), applications or notifications must be submitted to the Local Planning Authority. We can assist with this by separate instruction.
7. Limitations of Inspection
7.1 Our surveys are visual ground-level assessments unless specified otherwise.
7.2 Dense vegetation, ivy, structures, weather conditions or access restrictions may limit the visibility of defects.
7.3 Trees are living organisms; no guarantee can be given that a tree is safe or will remain free from defects.
8. Reports and Deliverables
8.1 Reports are provided in PDF format unless otherwise agreed.
8.2 Reports are prepared solely for the commissioning client and must not be relied upon by third parties without our written consent.
8.3 We accept no responsibility for changes to site conditions after the survey date.
9. Cancellation and Postponement
9.1 If you cancel the instruction within 48 hours of the agreed survey date, we may charge a cancellation fee.
9.2 If we must postpone due to unsafe conditions or lack of access, additional charges may apply.
10. Insurance
We maintain professional indemnity and public liability insurance appropriate for arboricultural consultancy. Evidence can be provided upon request.
11. Confidentiality and Data Protection
11.1 All client information will be handled in confidence.
11.2 We comply with the UK General Data Protection Regulation (UK GDPR). A copy of our privacy notice is available on request.
12. Liability
12.1 Our liability is limited to the reasonable care and skill expected of a competent arboricultural consultant.
12.2 We are not liable for indirect, consequential or economic losses.
12.3 Any claim relating to our services must be raised in writing within 12 months of the report date.
13. Use of Sub-Contractors
We may use qualified sub-consultants where required. We remain responsible for the quality of their work.
14. Governing Law
These Terms and Conditions are governed by the laws of England and Wales. Any disputes will be resolved within the jurisdiction of the English courts.
Terms and Conditions for Thorough Examination of Arboricultural Lifting Equipment Services (LOLER)
What does/doesn’t get inspected?
1. LOLER is everything that lifts or lowers a load (a load is also consider to be a person)
2. Chainsaw lanyards have to be inspected every 12 months. (I normally examine them every 6 months)
3. Climbing accessories (figure of 8’s, foot and hand ascenders etc). There is some debate as to if they do or don’t have to be inspected, some have a stated SWL and some don’t. I like to examine them all and state on their condition as they are lifting a load even if it’s only brief. I may say “not for primary PPE” for some items. Chest ascenders are inspected.
4. Climbing spikes. I don’t inspect these but am happy to if asked.
5. Rock climbing equipment such as the Petzl GriGri’s are designed and tested for use on dynamic sport climbing ropes only.
6. I can’t inspect Tirfor style winches. You’ll need to contact a LOLER inspector doing machinery for that type of item.
7. Thorough Examination is a legal requirement and the rules apply to companies supplying equipment to employees and the self-employed.
Common LOLER failures:
1. Item is in poor condition, damaged or has lost function.
2. Item has exceeded its stated lifespan or is of an unknown age.
3. Item has no unique id/serial number. (missing tag on rope)
4. Karabiner gate does not function correctly. (use a silicon-based lubricant)
5. Spring return wires missing from ISC rope grabs.
6. PPE item is not CE certified.
7. Item is not traceable back to a manufacturer
8. Incorrect bridge or rings fitted to harness.
9. Most manufacturers do not allow metal items to be marked with an id/serial number.
10. Prusiks and splices that you have made yourself unless you have them tested and can evidence performance criteria. Regulation 2016/425 and the PPE regs 2018/PPEWR/Machinery Directive 2006/42/EC
The inspection itself:
1. Please make sure that you have maintained your kit sufficiently and in line with the manufacturer’s guidelines. (Poor storage and maintenance can easily shorten kits lifespan)
2. Please strip your kit down to its component parts. (Zigzags and prusiks removed from ropes, lanyards taken apart and knots untied etc) and do some maintenance so that the item will pass the LOLER inspection.
3. After the inspection you may need to re-build your kit again from its component parts.
4. For larger inspections please can you provide a person to be on hand to assist to prepare/maintain the kit. Someone to answer questions on the items age or use etc.
5. Please provide any previous inspection documents (if they are not my ones) at least 1 week before I come to you. So that I can prepare your paperwork in advance.
6. If I’m inspecting several kits, can you please tell me if there have been any significant changes since last time, (i.e. Tim and Tom have gone and the new people are John and Joe) that way I can prepare the right paperwork in advance.
7. Receipts and paperwork with dates are handy to see, especially for items which have short lifespans or lifespans from the date of manufacture. Without a known date into service the item may be prematurely retired.
8. Please put a name or use on each kit to be inspected. (John’s kit or rescue kit)
9. Please quarantine any items that you feel pose a risk of serious personal injury prior to the inspection. Have a look at each kit to be inspected and if you think an item poses a risk of serious injury then either quarantine it or retire it yourself. If you don’t, and I come across it during the inspection then I’m duty bound to report it to the enforcing authority. (I legally have to report it to the HSE)
10. I may quarantine an item at the inspection until further information is obtained or remedial work is carried out such as a new harness bridge fitted to the manufacturer’s recommendations.
11. An item in quarantine cannot be used until I have deemed it safe and added it to the report. If the item needs to be re-inspected after remedial work. Be aware that this may be at your next inspection.
12. Any item of kit that has failed inspection must be taken out from service immediately. If the item is re-submitted for inspection at a later date in the same condition, it could become a reportable item to HSE.
Costs and bits:
1. For PPE the charge is £60 per kit (maximum of 20 items per kit), additional items above this will be charged at £2.80 per item.
2. For Rigging the charge is £60 per kit (maximum of 15 items per kit), additional items above this will be charged at £3 per item.
3. MEWP harnesses and lanyards both static and fall arrest are charged at £20 per kit. (1 person is 1 kit)
4. Quarantined items which are being returned into service after remedial work has been carried out will need an inspection. I’m happy to come to you however there will be a minimum cost of £50 plus all travel costs or you can come to me and I’ll do it for £5 per item.
5. I’ll do my very best to have all the paperwork with you the same day and will guarantee a maximum turnaround of 3 days if I’m very busy. (not including quarantined items)
6. My payment terms are 14 days from the date of the inspection. I’d rather not go down the line of withholding documentation until payment is made so, please don’t forget about me.
7. All travel costs incurred with your inspection will be charged to you. Milage is charged @45p per mile as well as Train/tram/bus tickets, parking charges, tolls, ULEZ and in some in instances time travelling to you. (We can agree this prior to the inspection) Obviously the cheapest option (but not always the best) is if you come to me in Lincoln LN6.
8. Large kits over 25 items. (We can agree this at the inspection).
9. I can clean/lubricate a karabiner with the appropriate oil to pass the inspection at £1 per karabiner.
10. I can tag a rope to pass the inspection at £2 per tag. (please have the original information to hand)
11. I can fit harness bridges and rope grab spring wires etc so it’s worth having spares in stock.
12. Inspection intervals are 6 months for PPE and 12 months for rigging. however, I can shorten the intervals if I have concerns with an item such as a heavily used rigging pulley. (HSE are currently pushing for 6 months on both)
When carrying out a thorough examination I have to consider guidance from: LOLER 1998, PEWER 1998, PPEWR 1992, MHSWR 1999, Supply of machinery (safety) regulations 2008, Machinery Directive 2006/42/EC, Work at height regulations 2005, Regulation 2016/425 PPE (enforcement) regulations 2018, The HSE ACoP, The AA ICoP as well as the HSE guidance for arborists.
Can you let me know any missing information and update any information if it’s wrong. Also is there anything else I should know such as preferred way to contact you with the examination paperwork or if there’s a specific email address for the invoice.