MOREhedges terms and conditions

In these terms and conditions the following words and expressions shall have the meanings set out below.

Agreed Works means the works as specified in your order under the MOREhedges scheme(s)

Forestry Standard means the standards set out in the Forestry Commission’s UK Forestry Standard (2011), which set out the Government’s minimum standard for sustainable forest management;

Project Site means the area of land planted with trees and/or shrubs under the project.

Term means a period of thirty (30) years beginning on the day the order is placed.

Establishment Phase means a period of ten (10) years beginning on the day the order is placed.

Total Cost means the total cost of the supply of trees and/or shrubs, materials, planting advice and the scheme administration in accordance with the order as notified in writing to the Applicant by the Trust.

VAT means value added tax.

These Terms and Conditions are entered into to enable the creation and management of new hedgerow on the Project Site pursuant to the MOREhedges Project and ensure the Applicant and their successors in title maintain the Agreed Works, and do all such things as are necessary to maintain and enhance the hedge on the Project Site for the Term.

3.1. The Trust will review the Applicant’s application and discuss with the Applicant the appropriateness of the Project Site for hedge creation and specification of the new hedge, including tree and/or shrub species and numbers, with the Applicant prior to processing the order.

3.2. Your application is to be regarded as a contractual offer

3.3. The Trust reserves the right to reject application at its sole discretion.

3.4. The Trust will arrange for the delivery of the trees, shrubs and planting materials as specified in your order.

3.5. The Trust shall provide trees/shrubs of good stock.

3.6. The Trust reserves the right to vary stock numbers from those specified in the order.

4.1. The applicant(s) must be aged 18 or over and be a UK resident with a UK address.

4.2. The Applicant warrants that they are the owner of the Project Site.

4.3. The Applicant shall comply with the Forestry Standard, 'Planting your own trees’, the MOREwoods / MOREhedges ‘Guidance for smooth tree delivery’, and these Terms and Conditions at all times.

4.4. The Applicant will use their best endeavours to ensure that by the end of the establishment phase, at least 80% of the trees ordered and delivered are established and upon expiry of the terms and conditions the applicant shall have achieved a mature hedge.

4.5. The Applicant must maintain the new hedge during the Term at its own cost and expense.

4.6. If the Applicant sells, leases or parts with possession of the Project Site in any manner whatsoever during the Term, they shall, prior to the completion of any such disposition, enter into an agreement with the new owner/occupier imposing on the new owner/occupier the same obligations as those under these Terms and Conditions and inform the Trust of such planned transaction.

4.7. The Applicant will not carry out, or allow to be carried out, any activities on the Project Site which could result in loss or damage to the new hedge without the express written permission of the Trust.

4.8. The Applicant will immediately inform the Trust of any notices served on the Applicant or any other matters of which they become aware, which may affect the Agreed Works or the Project Site.

The Trust, its employees, agents, workmen and contractors shall have the full right and liberty to access the Project Site for the purpose of inspecting the condition of the trees upon giving no less than seven (7) days’ notice to the Applicant, save in the case of emergency.

6.1. The Applicant shall pay 30% of the Total Cost (plus VAT) at the time of placing the order.

6.2. The Trust shall issue the Applicant with an appropriate VAT receipt upon request.

6.3. The Trust will contribute 70% of the Total Cost (plus VAT) towards the cost of supply of the trees and materials.

6.4. Notwithstanding the provisions of clause 4.3, in the event that the tree survival rate falls below 80%, and in the Trust’s opinion replacement trees are necessary, the Applicant will be required to pay in addition 50% of the cost of the replacement trees/shrubs, planting materials and associated costs, as notified to the Applicant by the Trust in writing. If, in the reasonable opinion of the Trust, the survival rate has fallen below 80% as a direct result of a failure by the Applicant to reasonably maintain the hedge (as obliged by Clause 4.5), the Trust may, at is discretion, require the Applicant to pay the full cost of the replacement trees/shrubs, planting material and associated costs (this right is in addition to the rights of Termination set out in Clause 9).

6.5. The Trust will only supply replacement trees once during the Term and in no event sooner than twelve (12) months from the date of the order.

7.1. The Applicant shall be responsible at its own expense for obtaining any and all planning and other statutory consents required for the delivery of trees/shrubs and planting on the project Site and for observing any conditions or restrictions arising therefrom.

7.2. The Applicant shall notify the Trust immediately if he/she becomes aware of any reason that may prevent or affect the planting on the Project Site, including (but not limited to) the following: archaeology of the site, ridge and furrow, wayleaves, major river, minor river, drains, services, veteran trees, ancient trees, habitats, planning permission, basic farm payments, stewardship, line of sight, blocking views.

8.1. The Woodland Trust may use for its own promotional purposes on internet, newsprint and or other forms of media information on the Project Site including numbers of trees planted, the geographical location of the site, and photographs taken by the Trust and the Applicant, the latter subject to Applicant’s prior written consent.

8.2. The Trust may use information on the Project Site, including numbers of trees planted, the geographical location of the site including photographs taken by the Trust and the Applicant, for sharing with members and supporters of the Trust – the funders of the MOREhedges project.

8.3. The Trust will not disclose the identity of the Applicant without express and prior written consent of the Applicant.

If in the reasonable opinion the Trust the Applicant has not fulfilled any or all of its obligations arising from the participation in the MOREhedges scheme, or by the Applicant’s own act or omission allowed the trees/shrubs, planting materials, and/or the new hedge on the Project Site to be lost or damaged, the Trust shall be entitled to terminate the Applicant’s participation in the scheme immediately and recover its costs associated with the Applicant’s participation from the Applicant, such costs being payable on demand as a debt.

10.1. Any dispute arising out of or in connection with this Agreement shall be determined in the absence of agreement between the Parties by a single arbitrator to be appointed by agreement between them, or in the absence of such agreement by the President for the time being of the Royal Institution of Chartered Surveyors on the application of either the Trust or the Applicant, such arbitration to be conducted in accordance with the provisions of the Arbitration Act 1996.

10.2. In case of any dispute arising under this Agreement which cannot be settled by reasonable discussion, the parties agree that, prior to commencing any arbitration proceedings as contemplated by Clause 10.1, they will first engage the services of a professional mediator, agreed upon by the parties, and attempt in good faith to resolve the dispute through confidential non- binding mediation. Each party shall bear one-half (1/2) of the mediator's fees and expenses and shall pay all of its own legal fees and expenses related to the mediation.

11.1. The Woodland Trust will collect and store the names and contact details of all Applicants.

11.2. The Woodland Trust will use this personal data for the following purposes:

11.2.1. managing the relationship between the Applicants and the Woodland Trust in relation to the MOREhedges application;

11.2.2. communicating with Applicants about all information regarding the application;

11.2.3. communicating with Applicants to answer their queries;

11.2.4. communicating with Applicants and arranging delivery of their order;

11.2.5. marketing and publicity if the Applicant has opted in to this.

11.3. By submitting an application, Applicants shall be aware their personal data will be processed by The Trust in accordance with, and for the purposes set out in, these terms and conditions.

11.4. Where an applicant has consented by opting-in, The Trust may contact the applicant using the personal data collected to provide information about our work, activities, campaigns, goods, services or promotions that The Trust offers.

11.5. The personal data of the successful applicant will not be transferred to any third party other than for the fulfilment of delivery of their order.

11.6. The Trust takes privacy very seriously, and will only use Applicant’s personal information in accordance with the terms of its Privacy Policy. By making their order, the applicant acknowledges and agrees that they have read and accepted the terms of the promoter’s Privacy Policy and these Terms and Conditions.

12.1. The Applicant may not assign any of its rights under these Terms and Conditions.

12.2. Any notice required to be given under these Terms and Conditions shall be in writing and delivered to:

12.2.1. if to the Applicant: to the address provided in the application or another address subsequently notified by the Applicant to the Trust;

12.2.2. if to the Trust: Senior Project Lead (Creation) Woodland Outreach, Woodland Trust, Kempton Way, Grantham, Lincolnshire, NG31 6LL.

12.3. Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between the Trust and the Applicant, constitute either party the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other party.

12.4. A person who is not a party to these Terms and Conditions shall not have any rights under or in connection with these Terms and Conditions and any rights otherwise afforded by the Contracts (Rights of Third Parties) Act 1999 are expressly excluded.

13.1. These terms and conditions and all matters arising out of it shall be governed by, and construed in accordance with, the laws of England and Wales.

13.2. Subject to the SDR provisions set out in Clause 10 if any disputes arise out of, under, or in connection with these terms and conditions, the Parties agree that such disputes shall be dealt with exclusively by the English and Welsh courts.

The Woodland Trust will:

• Arrange for the trees and sundries to be delivered to an address of your choice.
• Agree the delivery date with you at the time of ordering and payment.
• Notify you, as soon as practical, if for any reason we will not be able to deliver on the agreed date.

You will need to:

• Supply a full postal address including a postcode and with access for a 6-wheel truck onto an area of hard standing. We cannot deliver to the roadside or to a field.
• Be available on site to receive and sign for the delivery or agree alternative arrangements with us in advance if you are unavailable to await delivery on the agreed date.
• Check the delivery on arrival and notify us within two working days if it does not contain all of the materials ordered or any other issues.
• Plant your trees as soon as possible. Your trees can be stored in their packaging in a cool, frost-free location (such as a shed or garage) but should be planted out within one week of delivery.
• Notify us within two working days of the agreed delivery date if your order does not arrive.

If you do not notify the Woodland Trust of any issues with your delivery in good time, you may be liable for the cost of the materials even if the trees have not been planted.

Woodland Creation Office: plant@woodlandtrust.org.uk