Terms & Conditions


Definitions of Terms

1. OTS means Olivers Tree Services Ltd

The ‘Client’ means the person, firm or company purchasing the services from OTS.

The ‘Service’ means the services which OTS is to supply to the client in accordance with these conditions.


1. OTS Ltd contracts on these conditions only, and acceptance by OTS of any order from a Client shall be upon these conditions and shall override any other terms and conditions stipulated or incorporated by the client in its order or in any negotiation. Variations or representations will only be binding on OTS if confirmed in writing by a Director of OTS.

2. All quotations and all matters arising out of or in connection therewith shall be subject to English Law and the parties hereby submit to the jurisdiction of the Courts of England.

3. No waiver by OTS of any breach of contract by the client shall be considered as a waiver of any subsequent breach of the same or any other provision.

4. The parties agree to be bound by these conditions which they consider to be reasonable, if any clause of these conditions is held by any court or competent authority as invalid or unforeseeable in whole or in part the validity of the remainder to these conditions and of the remainder of the provisions in question shall not be affected thereby.

5. OTS shall be entitled to assign, sub-contract or sub-let the contract or any part thereof. The Client may not assign, sub-contract or sub-let the contract without the prior written consent of OTS.

Price & Quotations

6. Quotations for contracting services are for completing the work described overleaf. The price quoted is fixed price quotation and is based on OTS evaluation and does not include material price increases or additional labour and materials which may be required should unforeseen problems or adverse weather conditions arise after the work has started. Any additional work required must be authorised by the Client in writing or authorised on the appropriate job sheet, this additional work will be priced on an hourly basis.

7. Any quotations issued by OTS shall be valid for Ninety days. Thereafter OTS reserves the right to vary or cancel its position.

8. The price may change from time to time and OTS shall use reasonable endeavours to notify the client of any change.

9. All prices quoted are exclusive of Value Added Tax at the appropriate rate unless stated otherwise.

10. OTS shall invoice the Client in respect of the Services.

Supply of the Services

11. All tree work will be carried out in accordance with British Standard 3998:1989 – Recommendations for Tree Work.

12. OTS shall use reasonable endeavours to provide the Services in accordance with the Client’s reasonable timing requirements but shall not be liable for any delay in or late performance of the Services due to factors beyond its reasonable control. Time shall not be of the essence in the performance of the Services.

13. The Client shall examine the services immediately after delivery and within three days thereof the Client shall notify OTS of any defects in the services. The Client shall permit inspection of all such defective work by OTS. If OTS does not receive notice in accordance with this clause it shall be discharged from all responsibility and liability in respect of all defects which have occurred.

14. When we do work for you, we may record personal details as part of our process. This information will be treated as confidential and stored securely. The data will only be used to comply with our contractual obligations, and review, develop and improve our services.

This information will never be passed onto third parties unless necessary as part of our contractual or legal obligations. Applying for planning consent on a client’s behalf would be an example of this.

Client’s rights and responsibilities

15. The Client shall be responsible for ensuring the accuracy of the terms of any order for Services submitted to the Client and for giving OTS all information in relation to the proposed Services as OTS may require enabling it to effectively perform the Agreement.

16. The Client shall be responsible for informing OTS of any permissions/restrictions obtained in respect of Conservation Areas and/or Tree Preservations Orders before work is due to be carried out. OTS reserves the right to contact the relevant Authority regarding any possible restrictions on the undertaking of the tree work.

17. The Client shall to the best of their knowledge inform OTS of any underground cables/pipes etc. which may affect the performance of the stump grinding machine.

18.The Client herby fully indemnifies OTS against any and all claims, loss, damages, expenses or penalties arising as a result of the acts or omissions of the client or its employees or agents.

OTS Ltd rights and responsibilities

19. OTS will exercise reasonable skill, care, and diligence in providing the Services.

20. OTS will hold all personal information in a secure environment. Please refer to our GDPR Policy for further details of our procedures.

21. OTS accepts liability for death or personal injury and property damage to the extent that it results from the negligence of OTS Ltd, its employees or agents. OTS also accepts liability for any other direct loss or damage caused or incurred as a result of a material breach of this agreement by OTS, its employees or agents. Save as provided for in this clause 15, OTS shall be under no liability under this agreement for any other loss or damage whatsoever.

Payment of Services

22. Payment is due within 30 days from the date of the invoice.

23. In the case of overdue payment, without prejudice of any of OTS other rights, OTS may:

a) Charge interest to the client on the amount overdue calculated on a daily basis at the rate of 4% above the Leading Banks base rate from time to time in force.

b) Suspend further delivery of goods to the client.

c) Suspend the clients account (if any) from further trading. When the client’s account has been cleared in full any further trading with OTS will be done on an item-by-item basis until OTS is satisfied that the client is willing and able to comply with these conditions.

d) Charge to the client all costs and expenses incurred by OTS in attempting to obtain payment form the Client.

24. All payments due from the client under these conditions shall be made without any set-off, deduction or deferment of any nature.

25. Notwithstanding the provisions of clause 16, upon the occurrence of any event under clause 20 any period of credit allowed for the buyer on any contract with OTS Ltd, whenever made, shall cease to apply and payment for all services shall be deemed to have become due forthwith on delivery.

Force Majeure/Client Default

26. OTS shall bear no liability for loss, damage or delay howsoever arising caused in circumstances outside its control including (but not limited to) Acts of God, War, Strike, Civil Commotion, work to rule or go slow, Overtime bans, Lock outs, Fire, Flood, Drought or inability to produce materials or articles except at increased prices due to any of the foregoing causes (and in these circumstances may suspend or cancel the whole or any part of the service). OTS shall endeavour to notify the buyer as quickly as reasonably possible if a force majeure ever occurs.


27. Without prejudice to the right of cancellation contained in clause 7, the client may not cancel the contract without the consent of OTS. If such consent is given, it is made on the express condition that the buyer shall indemnify OTS against all loss, damage claims or actions arising out of such cancellations unless otherwise agreed in writing.

28. OTS shall be entitled to cease provision of the Services to the Client upon written notice as set out below:

a) If any payment or part payment of the price is overdue by more than 7 days, upon 7 days’ notice.

b) If a receiver is appointed over the Client’s property or assets or a winding up order is made against the Client or the Client goes into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or calls a meeting or makes arrangements or composition for creditors or commits an act of bankruptcy, immediately.

c) In the event of any actual, threatened, or potential action against the Client or OTS Ltd as a result of any breach or alleged breach of the intellectual property rights of any third party arising in relation to the Services, immediately.

d) If the Client is in breach of any obligation under this agreement.

29. In the event of termination or cessation of all or part of the Services, under Clauses 24 or 25 (a) to (d) the Client shall be liable to pay that element of the price attributable to any Services carried out to the date of cessation, and the cost of any other matter (including materials) ordered to facilitate the provision of the Services which OTS cannot reasonably utilise at no loss to itself elsewhere. In the event of OTS exercising its right under clause 24 to cease provision of the Services the parties shall reach agreement as to the price to be paid in respect of the Services undertaken to that date, having regard to the nature of the Services, the elements undertaken and the benefit to the Client.

30. In the event of termination OTS is entitled to terminate the agreement by giving the Client at least one week’s notice in writing.

31. You have a 14 day cooling off period which starts on the day after the quotation has been accepted, this gives you the right to cancel the contract of work if required.

Authorised by:

Andy Thompson

Managing Director

Date 1st January 2023

Review date: 1st January 2024