Our Policy

To employ the features of Honesty, Integrity, Helpfulness and value for money with every customer transaction.

Terms and Conditions of Hire

In these conditions, the following terms shall have the meanings given to them in this condition. The “owner” means Forest Arborcut; the “Hirer” means the company, corporate body or a partnership (consisting of three or more persons) who hires the Equipment from the Owner and whose details are set out in the Hire Contract; the “Hire Charges” has the meaning given to it in condition 16; the “Hire Contract” means the hire contract entered into between the Owner and the Hirer which incorporates these conditions and any special terms agreed in writing and signed by an authorised representative of each party; the “Hire Period” has the meaning given to it in condition 14; the “Equipment” means the equipment (including any part(s) thereof) and accessories supplied to the Hirer by the Owner in accordance with, and as set out in, the Hire Contract; the “parties” means the Owner and the Hirer; and “Site Delivery Address” means the location listed as such in the Hire Contract or such other location agreed in writing between the parties.
Subject to any variations agreed in writing by the Owner, and signed by one of it’s authorised representatives, all agreements for the hire of equipment between the parties shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Hirer purports to apply under any purchase order, confirmation of order, acceptance of a quotation or other documents or which are implied by law, trade custom, practice or course of dealing).
Quotations are valid for a period of 30 days from the date shown on the quotation or, in the case of oral quotations, from the date it is given, provided in each case that the Owner has not withdrawn it. Each order or acceptance of a quotation for the hire of Equipment by the Hirer from the Owner shall be deemed to be an offer by the Hirer to hire the Equipment subject to these conditions. No order placed by the Hirer, nor any acceptance of a quotation by the Hirer, shall be deemed to be accepted by the Owner until the parties enter into the Hire Contract.
The Hirer acknowledges that it has not relied on any statement, promise or representation made or given by the Owner, or on its behalf, which is not set out in the Hire Contract. The Hirer warrants that it has satisfied itself, without reliance upon any representation from the Owner, that the Equipment is suitable for the Hirer’s purpose.
All samples, drawings, descriptive matter, specifications and advertising issued by the Owner and any descriptions or illustrations contained in it’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Equipment described in them and are not binding on the Owner.
The quantity and description of the Equipment shall be set out in the Hire Contract. The Hirer shall ensure that the terms of its order are complete and accurate.
The Owner reserves the right prior to delivery of the Equipment to substitute an alternative item of Equipment for any item comprising part of the Equipment agreed to be supplied under the Hire Contract provided that such substitution will not materially affect the performance of the Equipment as a whole and will not result in any increase in the Hire Charges.
The Owner agrees to let the Equipment on hire to the Hirer for the Hire Period. The Hirer agrees to hire the Equipment for the Hire Period in accordance with the Hire Contract.
The parties shall agree whether the Owner shall deliver the Equipment to the Site Delivery Address, or whether the Hirer shall collect the Equipment from the Owner’s premises (or such other location notified by the Owner to the Hirer).
Where the parties have agreed that the Owner shall deliver the Equipment to the Site Delivery Address, delivery shall take place at the Site delivery Address. Where the parties have agreed that the Hirer shall collect the Equipment from the Owner’s premises (or such other location notified by the Owner to the Hirer), delivery shall take place at that location.
Where the Owner delivers and/or collects the Equipment, the Owner reserves the right to charge the Hirer for the cost of transporting the Equipment to and/or from the Site Delivery Address.
The Owner will deliver the Equipment in good working order and condition but does not warrant its performance or capacity in any way in the hands of the Hirer and subject to condition 36 will not be liable for any loss or injury which the Hirer may sustain in connection therewith. The Hirer may examine the Equipment prior to its delivery.
Each item of the Equipment specified in the Hire Contract is hired as a separate unit and the breakdown or stoppage of one or more units or vehicles, whether the property of the Owner or otherwise, through any cause whatsoever, shall not entitle the Hirer to compensation or allowance for the loss of working time by any other units or of Equipment working in conjunction therewith.
The Hire Period shall commence on the day the Equipment leaves the Owner’s premises and shall continue until expiry of the Hire Contract or earlier termination in accordance with conditions 31 or 32.
The Equipment shall at all times remain the sole and exclusive property of the Owner and the Hirer shall have no right or interest in the Equipment except for quiet possession and the right to use the Equipment upon the terms and conditions contained in the Hire Contract. Notwithstanding the foregoing 15.1 and 15.2.
1. Where the Hirer collects the Equipment from the Owner, risk in the Equipment shall pass to the Hirer on commencement of the process of loading the Equipment onto the Hirer’s vehicles (s); and
2. Where the Owner delivers the Equipment to the Hirer, risk in the Equipment shall pass to the Hirer when the Owner (or its agents, contractors, or representatives) arrives at the entrance to the Site Delivery Address;
  
  And the Equipment shall remain at the Hirer’s risk, in each case, until such time as the Owner confirms in writing that the Equipment has been returned in satisfactory order.

Terms and Conditions of Sale

In these conditions, the following terms shall have the meanings given to them in this condition.

“us/we/our” means Forest Arborcut “Buyer” means the person, firm, or company who purchases the Goods from us and whose details are set out in our acknowledgement of order; “Contract” means any contract between us and the Buyer for the sale and purchase of Goods, incorporating these conditions; “Goods” means the machinery, equipment (and/or any parts thereof) which we supply to the Buyer, “Site Delivery Address” means the location listed as such in our acknowledgement of order or otherwise agreed by the parties in writing.
Subject to any variations agreed in writing by us and signed by one of our Partners, the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, acceptance of a quotation or other documents or which are implied by law, trade custom, practice or course of dealing).
All samples, drawings, descriptive matter, specifications and advertising issued by us and any descriptions or illustrations contained in our catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them and are not binding on us. We reserve the right to modify the design and specification of any Goods without giving prior notice.
The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by us, or on our behalf, which is not set out in our acknowledgement of order. The Buyer warrants that it has satisfied itself without reliance upon any representation from us that the Goods are suitable for the Buyer’s purpose.
Each order or acceptance of quotation for goods by the Buyer shall be deemed to be an offer by the Buyer to buy goods subject to these conditions. No order placed by the Buyer, nor any acceptance of a quotation by the Buyer, shall be deemed to be accepted by us until we acknowledge the order or (if earlier) we deliver the Goods to the Buyer. Any quotation is valid for a period of 30 days from its date, provided that we have not previously withdrawn it and the Goods in question are still available.
The quantity and description of the Goods shall be as set out in our acknowledgement of order or, if there is no acknowledgement, in our invoice. The Buyer shall ensure that the terms of its order are complete and accurate.
All goods shall be sold and supplied by us at the price ruling at the time of delivery of such Goods which shall be exclusive of VAT and costs of delivery. The price for the Goods is based on the rate prevailing at the date of our acknowledgement of the order or (if earlier) the date of delivery of the Goods to the Buyer and we may increase the price to cover any increases due to market conditions (including, but not limited to, increases in foreign exchange rates relating to the Goods, or in labour, materials, supply or transportation costs) which affect us at the date of delivery.
Any dates specified by us for delivery for the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time. Risk in the Goods shall pass to the Buyer on delivery in accordance with condition 12.
The parties shall agree whether we deliver the Goods to the Buyer’s premises, or whether the Buyer shall collect the Goods from our premises (or such other location notified by us to the Buyer).
Where the parties have agreed that we will deliver the Goods to the Buyer, delivery shall take place at the Site Delivery Address. Where the parties have agreed that the Buyer shall collect the Goods from our premises (or such other location notified by us to the Buyer), delivery shall take place at that location.
Where we deliver the Goods to the Buyer, we reserve the right to charge the Buyer for the cost of transporting the Goods to the Site Delivery Address.
Where the Buyer collects the Goods from us, risk in the Goods shall pass to the Buyer on commencement of the process of loading the Goods onto the Buyers carrier. Where we deliver the Goods to the Buyer, risk in the Goods shall pass to the Buyer when we (or our agents, contractors or representatives) arrive t the entrance to the Site Delivery Address.
The Buyer shall take delivery of the Gods within 5 working days of us giving it notice that the Goods are ready for delivery and shall be responsible for providing suitable facilities and adequate labour (at its own cost) to load or unload the Goods.
We may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contact and these conditions. Each instalment shall be a separate contract and no cancellation or termination of any one contract relating to an instalment shall entitle the Buyer to repudiate or cancel any other contract or instalment.
We reserve the right to cancel all orders and contracts or to delay deliveries at our option in the case of war, force majeure, restraints by Government Officials, strikes, lock-outs, accidents to machinery, delay in delivery or shortage or materials or delay in receipt of Buyer’s instructions in respect of delivery or any unforeseen circumstances of any kind affecting or interfering with production, shipment, transit or delivery of any Goods.
The Buyer shall pay in full all accounts presented to it in respect of Goods supplied and delivered to the Buyer by us within 30 days of receipt of the same (unless specified otherwise on the relevant account). Time for payment shall be of the essence. If the Buyer delays collection or delivery for any reason or we are unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, or authorisations, risk in the Goods shall pass to the Buyer (including for loss or damage caused by our negligence), the Goods shall be deemed to have been delivered, and we shall be entitled to invoice in full and charge for storage of the Goods and other related costs and expenses.
No payment shall be deemed to have been received until we have received cleared funds. All payments payable to us under the Contract shall become due immediately on its termination despite any other provision. The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by us to the Buyer. We reserve the right to charge statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998 (as amended) without prejudice to our rights to sue for or otherwise take action to recover such overdue amounts.
Notwithstanding the passing of risk in the Goods in accordance with conditions 12, legal title to the Goods shall remain with us until such time as we have (i) received payment of the purchase price of the Goods and (ii) we have received payment of the purchase price of any other Goods previously or subsequently supplied by us to the Buyer whereupon such title shall pass to the Buyer. Any series of purchases by the Buyer from us shall be deemed to be one transaction for this purpose.
Insofar as the Goods may be delivered to the Buyer prior to the time when the title thereto passes to the Buyer in accordance with condition 18, the Buyer shall until such time hold the Goods as our fiduciary agent and shall accordingly remain liable to account to us for the Goods or, if the same shall be sold by the Buyer, (which the Buyer shall be entitled to do as our fiduciary agent but, as between the Buyer and Buyer’s customer, only as principle and without creating any relationship, disclosed or undisclosed, between us and such customer), for all of the proceeds, tangible and intangible (and including without limitation insurance proceeds) thereof. The Buyer shall, as trustee for us, pay such proceeds into a bank account separate from all other bank accounts and other monies and assets of the Buyer and of third parties. The Buyer shall maintain the Goods in satisfactory condition and keep them insured on our behalf for their full price against all risks to our reasonable satisfaction, store the Goods separately from any other goods of the Buyer and of third parties and shall identify the Goods as our property. The Buyer shall not remove any identifying marks placed on the Goods by us. Notwithstanding the retention by us of legal title to the Goods, the risk in the Goods shall pass to the Buyer as provided in condition 8, and the Buyer shall arrange for our interest in the same.
Until title in the Goods passes to the Buyer in accordance with condition 18, the Buyer may exercise its right to sell the Goods as our fiduciary agent in the usual course of the Buyer’s business but such right.
1. may be revoked at any time by our giving notice to that effect if the buyer is in default for longer than seven days in the payment of any sums whatsoever due to us (whether in respect of the Goods or of any other goods supplied at any time by us to the Buyer or for any reason whatsoever) or if we have bona fide doubts as to the solvency of the Buyer; and
2. shall automatically cease if a receiver, manager or administrator is appointed over the assets undertaking or property of the Buyer or a winding up or administration order against the Buyer is made or petitions or any petition or in order in bankruptcy against the Buyer is presented or made, or the Buyer goes into voluntary liquidation (otherwise than for the purposes of reconstruction or amalgamation while solvent) or calls a meeting of or makes any arrangement or composition with creditors.
  
  Upon determination of the Buyer’s rights of sale under paragraphs 20.1 or 20.2 above. The Buyer shall place the Goods at our disposal (and we or our agents shall be entitled to enter any premises of the Buyer for the purpose of removing the Goods from the said premises) and/or, as the case may be, shall pay to us the proceeds then held by the Buyer as trustee for us in.
The Buyer must notify the carrier and us of any damage, pilferage, or other complaints it has in respect of delivery of the Goods in writing within three days of receipt of the same failing which we shall have no liability in respect thereof.
The quantity of any consignment of Goods as recorded by us upon despatch from our place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence to the contrary. Any liability on our part for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note against any invoice raised for such Goods.
Where we are the manufacturer of the Goods, and subject as hereinafter follows, any Goods which are found to be defective in workmanship or materials within ninety days of delivery to the first user will, at our option, be replaced or the fault rectified free of charge provided however such defect is not due in whole or in part to failure to follow our instructions relating to use, storage or installation of the Goods, misuse of the Goods, that no alterations have been made to the Goods after leaving our works, that no repairs have been carried out on the Goods without our prior consent, and that no parts other than those supplied by us have been used in the Goods. Any claim under this condition 23 in respect of defective workmanship or materials must be notified in writing to us within 5 days of the occurrence or discovery of the same and any defective part must be returned carriage paid with such notification together with explanatory details and the serial number of the machine concerned. If we comply with our obligations under this condition 23, we shall have no further liability in respect of the Goods arising from defective workmanship or materials.
Where we are not the manufacturer of the Goods, we shall endeavour to transfer to the Buyer the benefit of any warranty or guarantee given to us, but shall have no further liability in respect of such Goods.
This condition sets out our total liability to the Buyer in respect of the Contract for provision of the Goods.
1. Nothing in these conditions is intended to exclude or limit our liability for personal injury or death caused by our negligence, or the negligence of our employees or agents, nor for fraudulent misrepresentation nor for any other liability that cannot be legally excluded or limited.
2. Subject to condition 25.1, the Company shall not be liable to the Buyer for any claims of consequential or indirect loss whatsoever which arise out of, or in connection with, the Contract between the parties for the provision of Goods.
3. Subject to conditions 25.1 and 25.2, our total liability to the Buyer in Contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising out, or of in connection with, the contract for provision of the Goods shall be limited to £20,000 in aggregate.
We may assign the Contract or any part of it to any person, firm or company. The Buyer shall not be entitled to assign the Contract or any part of it without our prior written consent.
Each of our rights or remedies under the Contract is without prejudice to any of our other rights or remedies whether under the Contract or not.
If any provision of the Contract or these conditions is found by any court, tribunal or administrative body or competent jurisdiction to be wholly or partially illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remaining provisions shall continue in full force and effect.
The parties do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
Failure or delay by us in enforcing or partially enforcing any provision of the contact or our rights under these conditions shall not be construed as a waiver of any of our rights. Any waiver by us of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the contract.
All notices required to be given under the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax to the relevant party’s address as set out on the acknowledgement of order or such other address is notified in writing by that party to the other. Such notices shall be deemed to have been received. If sent by pre-paid first class post, two days.
These conditions any Contract made by us in all respects be construed and operate as an English contract and in conformity with English Law and any disputes arising out of or in connection with the Contract and/or these conditions shall be subject to the jurisdiction of the courts of England.