Terms and Conditions

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
2.1 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.
2.2 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.
3.1 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 14.4.
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).
3.2 A person includes a natural person, corporate or
unincorporated body (whether or not having separate legal
personality).
3.3 A reference to a party includes its personal representatives,
successors and permitted assigns.
3.4 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.
3.5 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.
3.6 A reference to writing or written includes email but not email.

Basis of contract
4.1 The Order constitutes an offer by you to purchase Services in
accordance with these Conditions.
4.2 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”).
4.3 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.
4.4 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.
4.5 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
5.1 We will supply the Services to you in accordance with the Order
and the Specification in all material respects.
5.2 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.
5.3 We warrant to you that the Services will be provided using
reasonable care and skill.
5.4 Unless otherwise set out in the Specification:
(a) the Services shall not include the removal of lateral
subterranean roots from the Site;
(b) the heave from the root plate of the earth will not be
removed;
(c) stump-grinding will be to a minimum depth of 100mm (4’’)
below the immediately adjacent ground level (including
any above ground visible surface roots);
(d) 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
(e) decaying leaves and rotting ground foliage will be left at
the Site.
5.5 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.
5.6 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.
5.7 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.
5.8 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
6.1 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.
6.2 We reserve the right to carry out any alteration or variation to
the Services if required by:
(a) any Applicable Laws; or
(b) 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
7.1 You will:
(a) 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:
(i) full details (including, but not limited to, plans,
surveys and diagrams) of the location of any
underground services or utilities at the Site;
(ii) the location of any non-organic material which may
impact performance of the Services at the Site; and
(iii) the location of any asbestos or other hazardous or
contaminant materials present at the Site;
(b) co-operate with us in all matters relating to the Services;
(c) provide us, our employees, agents, consultants and
subcontractors, with unobstructed access to the Site and
other facilities as we may reasonably require;
(d) 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;
(e) prepare the Site prior to and during the supply of the
Services to ensure that we can properly perform our
obligations under these Conditions;
(f) 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;
(g) ensure that the Site are in a safe and secure condition at
all times during the provision of the Services;
(h) ensure that the Site is free from hazardous materials,
including, but not limited to, asbestos;
(i) comply with all Applicable Laws, including health and
safety laws;
(j) 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
(k) comply with any additional obligations as set out in the
Specification.
7.2 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.
7.3 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”):

(a) 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;
(b) 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
(c) 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.
7.4 You grant to us, or will procure the grant to us of, a fully paidup, 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
8.1 The Charges for the Services shall be as set out in the
Specification.
8.2 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:
(a) during normal working hours (9am – 5pm, Monday to
Friday); £150 per person for the first hour and £95 per
person for each hour thereafter;
(b) 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
(c) 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.
8.3 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:
(a) any alteration or variation to the Services as requested
by you in accordance with clause 6;
(b) any request by you to change the date of performance of
the Services;
(c) 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
(d) any change to the Site or ground conditions since the
original Site visit, or adverse weather conditions.
8.4 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.
8.5 We will invoice you on or after completion of the Services,
unless either:
(a) it has been otherwise agreed by us in writing; or
(b) 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.
8.6 You must pay each invoice submitted by us:
(a) if you are a Consumer, within 7 days of the date of the
invoice
(b) if you are not a Consumer, within 30 days of the date of
the invoice; and
(c) 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.
8.7 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.
8.8 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%.
8.9 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.

9.1 Nothing in the Contract shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the
negligence of our employees, subcontractors or agents;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability which cannot be limited or excluded by
Applicable Laws.
Limitation of liability – Consumers
9.2 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.
9.3 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
9.4 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:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of or damage to goodwill; and
(f) any indirect or consequential loss.
9.5 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.
9.6 This clause 9 shall survive termination of the Contract.

Cancellation – Consumers
10.1 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).
10.2 You may cancel the Contract within 14 calendar days of the
Commencement Date without charge, provided always that we
have not commenced any of the Services.
10.3 If you would like us to start work within 14 days of the
Commencement Date, you will still have the right to cancel but
if you do cancel within this 14 day period, you will be required
to pay us 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
14 day cancellation period.
10.4 Please note that if you are not cancelling the Contract as a
Consumer under this clause 10.4, 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
11.1 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.
11.2 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
12.1 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:
(a) 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;
(b) 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;
(c) 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
(d) 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.
12.2 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.
12.3 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.
12.4 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
13.1 On termination of the Contract:
(a) 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
(b) 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.
13.2 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.
13.3 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

General
14.1 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.
14.2 Assignment and other dealings.
(a) 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.
(b) 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.
14.3 Entire agreement (applicable only to non-Consumers).
(a) 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.
(b) 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.
(c) Nothing in this clause shall limit or exclude any liability for
fraud.
14.4 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).
14.5 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.
14.6 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.
14.7 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.
14.8 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.
14.9 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.

Very impressed with Dr Stump; quick, professional, courteous, tidy and VERY good at what they do! – Very impressed with the way they work and the amount they can get done in a short time. – Highly recommended.

Paul Hallatt

Really good company, very reliable, came and removed quite a few stumps from our woodland very quickly and efficiently, and careful about not doing damage to the surrounding area. Highly recommended, we will use them again.

Jane Polden

I would recommend this company to anyone they have just taken 7 large poplar trees down for us. Arrived as arranged, a pleasure to have in our garden for several days, then left the site neat and tidy.

Mia Potter

A great company and excellent service, they were brilliant from quote to completion and would definitely use again!

Nathan Modlin

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