Terms and Conditions

Planting
• Quotations for planting are based on the ability to dig tree pits without any obstructions, such as tree roots or lumps of concrete. Any obstructions will be charged as an additional labour cost.
• It is the responsibility of the buyer to mark out exact locations of underground services (electricity cables, gas, etc) on site. Drake Trees can accept no liability for damage to underground services which might occur during excavation of tree pits, unless their precise locations have been clearly marked out prior to commencement of planting works.
• The buyer is given the opportunity to approve precise planting locations of trees prior to excavation of tree pits. Should the buyer change his/her mind about the positioning after planting pits have been dug, Drake Trees reserves the right to charge for the additional labour required to re-site tree pits.
• In such cases, Drake Trees also reserves the right to postpone/reschedule completion of planting works in order to meet scheduling commitments to other customers. Furthermore, with very large trees it may be impossible or prohibitively expensive to move a tree once it has been planted without very large additional equipment.
• If planting on ground that the customer does not own freehold, or where covenants require permission from others, it is the responsibility of the buyer to ensure that all permissions have been received prior to planting. If at any time either immediately prior to planting or on the day of planting we have to stop and pull off and/or reinstate the planting area, the cost for this extra work will be borne by the customer. If the job is cancelled the normal restocking charges apply.
• Drake Trees team members use their professional judgment as to the best way to secure your tree at planting based on the information you give them. However, if the planting team, once on site, deems the method selected as inadequate due to conditions not disclosed at time of purchase, Drake Trees has the right to request that you pay for the additional cost of securing your tree(s).
• Client dug tree pits must be excavated to correct depths. It is the responsibility of the client or client’s representative to confirm planting depths with their Drake Trees team member prior to excavation.
• Furthermore, it is critical that an appropriate amount of the best topsoil is left beside the tree pit and that it is not trampled down or frozen. If at all possible, dig the tree pits no more than one day in advance and please ensure that the tree pit does not fill up with water prior to our arrival. With client dug tree pits, any extra soil left over after planting will not be removed by Drake Trees. Any deviation from the above including incorrect planting depth or excessive width that requires correction by our staff will result in additional labour costs.
• Occasionally, the planting crew will arrive on site to plant your tree(s) and decide for various reasons that it is not possible to use the digger as quoted. These reasons may include that it may do more damage than it is worth, we cannot get the digger in due to inadequate access, etc. As a result, it may mean a more labour- intensive and a much harder hand dig, and at a minimum the digger hire will be applied to the labour fee. If excessive an additional fee may have to be charged if we feel that the job was in any way misrepresented, however unintentional. Furthermore, the planting crew may decide that due to poor ground conditions, plant material that is in the way that may be damaged or other unforeseen circumstances, that it makes more sense to hand dig which may increase the cost, but they will consult the office/and or yourself prior to making any decision.

General Terms
• All plants are believed to be true to name, but in the event of an error on our part, our liability to pay charges or compensate shall not exceed a refund of the price paid.
• If a client requests and purchases evergreen or semi-evergreen hedging that contravenes the ‘Hedging Law’, Drake Trees is in no way liable for any fines or enforcement action should there be a problem.
• We do our utmost to ensure that plants are undamaged, but as we have no control over the plants supplied by us once they have left our hands, we give no warranty, expressed or implied except for that stated under the ‘Warranty’ section, as to the growth or suitability of the plants to their ultimate location, after acceptance of delivery or collection. Any trees or plant material that is unacceptable must be rejected at the time of delivery or alternative arrangements made with the office. Failure to do so will deem those goods as being accepted by the customer.

Warranty
We will ensure that the trees arrive to site in a good, healthy condition. However, due to circumstances beyond our control we are unable to offer any guarantee on the plants.
All stock that leaves the nursery is supplied structurally sound, with a good root system and in good health. It is the customer’s responsibility to check the stock on arrival and all claims or concerns must be notified immediately and to ensure no misunderstandings in writing within 48 hours of delivery. Failure to do so will deem those goods as being accepted. We will investigate any complaints in good faith and replace/refund in cases where legitimate problems are found.
• Where contracts are carried out at customers premises, our operator’s attention must be drawn to any work not considered satisfactory prior to leaving the site, for the final time. Any further visits may involve travelling charges. Please note removal of soil/residue from site is not included in our rates.
• Whilst every care is used to supply stocks of highest quality true to name, no warranty expressed or implied is given as to description, productiveness or any other matter, and we cannot be responsible for failures. All orders are executed on these conditions only.

Advice
In cases where a site visit has been undertaken, we are not able to guarantee against adverse site conditions which were not apparent during the site visit or not disclosed by the customer (e.g. seasonal flooding or high winds). Furthermore, should site conditions materially change after our site visit, it is the responsibility of the customer to inform us prior (at least 24 hrs in advance) to the scheduled planting. Obviously, any resultant additional costs will be billable.