Terms and Conditions

CHERRYFIELD ECOLOGY LTD 

TERMS AND CONDITIONS FOR CONSUMER CLIENTS

1. About us and these terms

1.1 Cherryfield Ecology Ltd, a company incorporated in England and Wales with company number 10216752, whose registered office is at 8 Crancott Close, Houghton Conquest, Bedfordshire, MK45 3ND, is referred to in these terms and conditions as Cherryfield, we, us or our. These terms and conditions are referred to as the Terms.

1.2 We are registered for VAT under registration number 244631908.

1.3 These Terms apply where the person receiving our services (you or your) is an individual acting wholly or mainly outside their trade, business, craft or profession. Separate terms apply where you are acting for business purposes.

1.4 Our contact details are:

Telephone:07950279790

Email:martin@cherryfieldecology.co.uk

Website:https://cherryfieldecology.co.uk/

1.5 These Terms, together with the relevant written quotation, proposal or fee estimate issued by Cherryfield (the Quotation), any booking form, order acknowledgement and any written variation agreed by Cherryfield, form the contract between Cherryfield and you (the Contract).

1.6 If there is any inconsistency between these Terms and the Quotation or another document expressly issued by Cherryfield, the following order of precedence applies:

(a) the Quotation or written variation, but only in respect of the matter expressly varied;

(b) these Terms; and

(c) any other document.

1.7 Nothing in these Terms affects your legal rights. You may obtain advice on your legal rights from Citizens Advice or your local Trading Standards service.

2. Quotations, instructions and formation of contract

2.1 A Quotation is valid for 30 days from its date, unless it states otherwise. We may withdraw or amend a Quotation at any time before accepting your instruction.

2.2 You may request the ecological survey, assessment, reporting, mitigation advice, GIS, licensing support, consultancy and related services described in the Quotation (the Services) by returning a booking form, submitting an online booking form or otherwise confirming in writing that you wish to proceed.

2.3 A Contract is formed only when Cherryfield issues written acceptance of your instruction, which may be by email or booking acknowledgement. We are not obliged to accept any instruction.

2.4 The Quotation will normally specify:

(a) the land, buildings or other location to which the Services relate (the Site);

(b) the scope of the Services;

(c) the reports, drawings, maps, photographs, GIS outputs, data outputs, advice and other materials expressly stated in the Quotation to be supplied by Cherryfield (together the Deliverables, and each aDeliverable);

(d) the charges payable by you for the Services, including any additional charges payable under the Contract (the Fees), and any known disbursements;

(e) the assumptions on which the Quotation is based; and

(f) any survey-specific conditions, limitations, timing requirements or payment terms.

2.5 We may decline an instruction, including where there is a conflict of interest, a health and safety concern, insufficient information, suspected unlawful activity, non-payment of sums due under another contract, or a concern that the requested Services cannot properly be performed.

3. Services

3.1 Cherryfield shall provide the Services with reasonable skill and care and in accordance with applicable law and, where relevant to the Services, generally accepted professional standards and guidance current at the time the Services are performed. 

3.2 Unless expressly agreed otherwise, the Services do not include:

(a) detailed design, construction supervision or implementation of mitigation measures;

(b) obtaining planning permission, consent, approval, licences or permits;

(c) legal advice;

(d) verifying information, plans, drawings, records or data supplied by you or third parties;

(e) undertaking further surveys, monitoring, assessment, mitigation, licensing or reporting identified as necessary after the Services have commenced; or

(f) any work outside the stated scope.

3.3 We may use appropriately qualified employees, consultants, associates and subcontractors to perform all or any part of the Services.

3.4 We may recommend further work where this is required or reasonably advisable because of survey findings, ecological conditions, relevant legislation, professional guidance, planning requirements or the requirements of a regulator or other competent authority. Any such further work will be outside the original scope of the Services unless it is expressly included in the Quotation.

3.5 We will tell you the nature and cost of any material additional work before carrying it out, unless you have already agreed an hourly rate or charging basis or urgent action is reasonably necessary to protect your interests, preserve survey validity or comply with legal or regulatory requirements.

3.6 Certain activities may require a protected-species licence, mitigation licence, planning condition discharge, landowner consent or other approval. Unless we expressly agree otherwise:

(a) you are responsible for obtaining and maintaining all permissions necessary for the project and implementation of works;

(b) any licence application will normally be made in your name or the name of the relevant landowner or developer, as applicable; and

(c) Cherryfield does not guarantee that a licence, consent, planning permission or approval will be granted.

4. Ecological limitations and professional judgement

4.1 Ecological surveys are necessarily subject to limitations, including seasonality, weather, habitat condition, access, species behaviour, species detectability, survey timing, Site conditions, available records and the information available at the date of the survey.

4.2 Survey findings represent Cherryfield’s professional opinion based on the information reasonably available and conditions observed during the relevant survey period. They are not a guarantee that protected species, invasive species, ecological features or other constraints are absent from the Site.

4.3 You acknowledge that:

(a) species may be present but not detected;

(b) a survey may become out of date because of changes to the Site, the proposed development, legislation, policy, guidance or ecological conditions;

(c) a planning authority, statutory nature conservation body or other regulator may require further information, surveys or mitigation; and

(d) Cherryfield cannot guarantee planning approval, regulatory acceptance, discharge of planning conditions or any particular project outcome.

4.4 We will not be responsible for any failure or delay in providing the Services to the extent that it is caused by inaccurate, incomplete, misleading or late information supplied by or on your behalf, or by the acts or omissions of you, a landowner, contractor, developer, planning authority, regulator or other third party.

5. Your obligations

5.1 You must:

(a) provide complete, accurate and timely information, plans, drawings, Site boundaries, proposals and instructions;

(b) provide PDF plans showing the existing and proposed layout of the Site and the full extent of proposed works, where requested;

(c) arrange safe, timely and unrestricted access to the Site, including internal access where required, not less than two Business Days before a survey unless otherwise agreed, where Business Day means a day other than a Saturday, Sunday or public holiday in England;

(d) obtain all necessary landowner permissions, occupier permissions and rights of access;

(e) notify us promptly of all known hazards, including asbestos, unstable structures, contamination, livestock, water hazards, construction activity, unsafe access, aggressive animals and restricted areas;

(f) ensure that the Site is safe for the Services and that appropriate health and safety arrangements are in place;

(g) not carry out, authorise or permit works which could affect the survey findings or compromise the Services, including vegetation clearance, demolition, Site clearance or alteration of relevant habitats, without first notifying Cherryfield;

(h) ensure that all information provided to Cherryfield may lawfully be used for the Services; and

(i) promptly notify Cherryfield of any material change to the Site, development proposals, programme or information supplied.

5.2 Cherryfield is not responsible for collecting, holding, posting or returning keys. You remain responsible for access arrangements and keys.

5.3 If you do not comply with clause 5.1, we may need to postpone or rearrange the survey. We may charge you for reasonable additional costs that we incur as a direct result, provided that we tell you about those costs as soon as reasonably practicable.

6. Survey dates, programme and delay

6.1 Any dates or timeframes given by Cherryfield are estimates only unless we expressly agree a fixed date in writing.

6.2 Survey dates are subject to surveyor availability, ecological seasonality, weather, species activity, daylight hours, safe Site conditions, access and the availability of subcontractors.

6.3 We will use reasonable endeavours to meet agreed dates. However, we may reasonably postpone, rearrange or extend the programme where necessary due to weather, seasonal constraints, illness, accident, traffic disruption, unsafe conditions, lack of access, your delay, third-party delay, regulatory requirements or another event outside our reasonable control.

6.4 We will contact you as soon as reasonably practicable if we need to change a survey date or timeframe. We will not be responsible for delay or failure to provide the Services to the extent caused by an event outside our reasonable control.

7. Fees, disbursements and variations

7.1 The Fees and disbursements are as stated in the Quotation or otherwise agreed in writing. All Fees will be inclusive of VAT where VAT is payable, unless the Quotation expressly states otherwise.

7.2 Where the Quotation states a fixed price for all or part of the Services, that price is a Fixed Fee. A Fixed Fee is based on the scope, information, assumptions, Site conditions and programme known at the date of the Quotation.

7.3 We may charge reasonable additional Fees where:

(a) the scope, Site, development proposals or your requirements change;

(b) further surveys, surveys at a different time, additional survey effort or additional reporting are required;

(c) information, plans, access or instructions are late, inaccurate or incomplete;

(d) we are required to repeat, amend or revisit work because of a matter outside our control;

(e) you request additional meetings, advice, report amendments or other additional work; or

(f) an assumption in the Quotation proves to be incorrect.

7.4 We will tell you about the additional work and the applicable Fees before carrying it out, unless you have already agreed to the relevant hourly rate or charging basis.

7.5 We may incur third-party costs, including charges for biological records data, mapping, Ordnance Survey material, eDNA kits, laboratory charges, licensing fees, specialist equipment, accommodation and subcontractors. Where known, these costs will be included in the Quotation. If a third-party charge changes or a further third-party cost becomes necessary, we will tell you before incurring that cost, except where you have already agreed that we may incur it.

7.6 For daytime surveys and associated reporting, we will normally invoice when the report is ready for release. For stage 2 bat surveys, emergence surveys, dawn surveys, protected-species licensing work, premium services and other work involving material subcontractor costs, we may require payment in advance and no later than two weeks before the scheduled survey date, unless the Quotation states otherwise.

7.7 You must pay each invoice in cleared funds by the due date stated on it. Unless the Quotation or invoice states otherwise, payment is due within 15 days of the invoice date.

7.8 We will not be required to release any report, licence application, GIS output or other Deliverable until all sums due under the Contract have been paid in cleared funds.

7.9 We may suspend the Services if payment is overdue. We will tell you before suspending the Services, where reasonably practicable.

8. Your right to cancel

8.1 If you enter into the Contract online, by telephone, by email or away from our business premises, you will usually have a legal right to cancel the Contract within 14 days after the day on which the Contract is made. This is called the cancellation period.

8.2 You may cancel the Contract by completing and returning the cancellation form at Schedule 1, emailing us, or otherwise making a clear statement that you wish to cancel. You do not have to give a reason.

8.3 If you cancel before we have started the Services, we will reimburse all payments received from you within 14 days after we receive your cancellation notice, subject to clause 8.6.

8.4 If you ask us to begin providing the Services during the cancellation period, you must make an express request to do so. If you cancel after the Services have started, you must pay us a proportionate amount for the Services supplied up to the time you tell us that you wish to cancel.

8.5 If you ask us to provide the Services in full during the cancellation period, and we fully perform the Services during that period, you will lose your right to cancel when:

(a) you gave your prior express consent for us to begin the Services during the cancellation period; and

(b) you acknowledged that you would lose your right to cancel once the Services had been fully performed.

8.6 Where you have expressly requested that we begin the Services during the cancellation period, the amount payable under clause 8.4 may include reasonable third-party costs properly incurred in supplying the Services up to the date on which you notify us of cancellation, to the extent permitted by law.

8.7 We will not begin the Services during the cancellation period unless you have given the express request and acknowledgement in Schedule 2, or otherwise in a form which clearly records your agreement.

9. Cancellation and postponement after the cancellation period

9.1 After the cancellation period has ended, you may cancel the Services by giving us written notice. Cancellation will take effect only when received by Cherryfield.

9.2 If you cancel the Services at least seven Business Days before the scheduled survey date and Cherryfield has not commenced the Services, you must pay:

(a) A reasonable administration charge of £100 plus VAT, reflecting Cherryfield’s cancellation administration costs; and

(b) all costs properly incurred by Cherryfield which are committed and non-recoverable, including charges for biological records data, eDNA kits, laboratory testing, specialist equipment, subcontractors, travel and accommodation.

9.3 If you cancel the Services at least seven Business Days before the scheduled survey date, but Cherryfield has commenced the Services, you must pay:

(a) the Fees for the Services performed up to cancellation, calculated at Cherryfield’s applicable hourly rates, subject to a minimum charge of one hour;

(b) an administration charge of £100 plus VAT; and

(c) all costs properly incurred by Cherryfield which are committed and non-recoverable, including charges for biological records data, eDNA kits, laboratory testing, specialist equipment, subcontractors, travel and accommodation.

9.4 If you cancel the Services less than seven Business Days before the scheduled survey date, you must pay Cherryfield’s reasonable losses arising from the cancellation. These may include reserved surveyor and subcontractor time, committed travel and accommodation costs, third-party costs, administrative costs and any part of the Fixed Fee which we cannot reasonably recover by reallocating the survey slot. We will not charge more than the Fees and costs that we reasonably incur or lose as a result of your cancellation.

9.5 If we have completed the Services before cancellation takes effect, you must pay the Fees in full, together with any disbursements or other sums properly due under the Contract.

9.6 You request one postponement of a survey. Where you give at least seven Business Days’ notice, Cherryfield will ordinarily accommodate one postponement without charge, subject to surveyor availability, ecological seasonality, weather conditions and survey requirements.

9.7 Where you give us less than seven Business Days’ notice of a postponement, we may charge reasonable administration costs and costs properly incurred which are committed and non-recoverable.

9.8 A second or subsequent postponement, or a postponement which cannot reasonably be accommodated because of ecological seasonality, survey windows, subcontractor commitments or programme constraints, may be treated as a cancellation under clauses 9.2 to 9.5.

9.9 Cherryfield may cancel or postpone the Services where reasonably necessary due to weather, safety, access, illness, legal or regulatory requirements, a conflict of interest, suspected unlawful activity or another event outside Cherryfield’s reasonable control. Cherryfield will use reasonable endeavours to rearrange the Services. If rearrangement is not practicable, you will be required to pay for Services already performed and non-recoverable third-party costs properly incurred.

10. Deliverables, intellectual property and permitted use

10.1 All intellectual property rights in the Services and Deliverables, including reports, photographs, survey records, GIS layers, maps, methodologies, templates, field notes, raw data and working papers, remain vested in Cherryfield or its licensors.

10.2 Once you have paid all sums due under the Contract, Cherryfield grants you a non-exclusive, non-transferable, non-sublicensable licence to use the final Deliverables solely:

(a) in connection with the Site and project identified in the Quotation; and

(b) for planning, regulatory, compliance and personal purposes connected with that Site and project.

10.3 You must not, and must ensure that your representatives do not:

(a) alter, edit, manipulate, abridge, obscure, falsify or use any Deliverable out of context;

(b) use a Deliverable for a different Site, project or purpose;

(c) remove Cherryfield’s name, copyright notice, limitations or qualifications;

(d) provide, disclose or make available any Deliverable to a third party for the purpose of reliance, except where Cherryfield has expressly agreed in writing in accordance with clause 11;

(e) reproduce or publish a Deliverable except as reasonably necessary for the permitted purpose.

10.4 Cherryfield will ordinarily provide Deliverables in PDF format only. We are not required to provide editable Word documents, GIS source files, hard copies, raw data or field notes unless expressly agreed in writing.

10.5 We may use non-identifying and non-sensitive photographs, plans and other material generated during the Services for internal training, quality assurance and promotional purposes, provided that this does not disclose your personal information, confidential information, identity or sensitive protected-species data without your consent.

11. Report validity, reliance and third parties

11.1 Each Deliverable, including any report, is prepared solely for you, the Site, the project and the purpose stated in the Quotation and the relevant Deliverable.

11.2 A final report may be relied upon by you for the purpose stated in that report for 12 months from its date of issue. We give no assurance that a report will remain suitable after that period because ecological conditions, Site conditions, proposals, legislation, policy and professional guidance may change.

11.3 A report must not be relied upon after the period stated in clause 11.2 unless Cherryfield has first confirmed in writing that it remains suitable for reliance. In no circumstances may a report be relied upon more than 18 months after its date of issue unless Cherryfield has expressly agreed otherwise in writing following such review, update surveys or further work as Cherryfield considers necessary.

11.4 No person other than you may rely on any Deliverable. Cherryfield owes no duty of care, contractual obligation or other responsibility to any third party unless it has signed a separate written reliance letter.

11.5 Cherryfield is under no obligation to provide a reliance letter. Any reliance letter will be subject to:

(a) Cherryfield’s prior written approval;

(b) an agreed fee;

(c) the recipient accepting Cherryfield’s terms, limitations and liability provisions; and

(d) a reliance period expressly stated in that letter, which will not normally exceed 18 months from the date of the original report.

12. Data protection and confidentiality

12.1 We will process personal data in accordance with our privacy notice, available at https://cherryfieldecology.co.uk/privacy-policy

12.2 We may share relevant information with subcontractors, professional advisers, insurers, regulators, planning authorities, local records centres and statutory nature conservation bodies where this is necessary for the Services, required by law, or required by licence conditions or professional guidance.

12.3 Cherryfield may disclose ecological data, including protected-species records, where required or appropriate under applicable law, licence conditions, professional guidance or data-sharing obligations.

13. Suspension and termination

13.1 Cherryfield may suspend the Services immediately if:

(a) an invoice is overdue;

(b) you fail to provide safe access or required information;

(c) Cherryfield reasonably considers that continuing would be unsafe, unlawful or professionally inappropriate; or

(d) you materially breach the Contract.

13.2 We will give you reasonable notice before suspending the Services where it is practical to do so.

13.3 Either party may terminate the Contract by written notice if the other party commits a material breach which, if capable of remedy, is not remedied within 14 days of written notice.

13.4 Cherryfield may terminate the Contract immediately where continuing to provide the Services would be unsafe, unlawful or professionally inappropriate.

13.5 Termination or expiry of the Contract shall not affect any rights, remedies, obligations or liabilities which have accrued as at the date of termination or expiry. On termination, you must pay all Fees, disbursements and other sums due for Services performed and commitments made up to termination. 

13.6 Any provision of the Contract which expressly or by implication is intended to have effect after termination or expiry shall continue in full force and effect.

14. Our responsibility to you

14.1 We are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or failing to use reasonable care and skill. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us when the Contract was made.

14.2 We are not responsible for loss or damage to the extent that it results from:

(a) inaccurate, incomplete, misleading or late information supplied by or on your behalf;

(b) lack of Site access;

(c) a change to the Site, development proposals or ecological conditions after the relevant survey;

(d) acts or omissions of a landowner, contractor, developer, planning authority, regulator or other third party; or

(e) an event outside our reasonable control.

14.3 Nothing in these Terms excludes or limits our liability for:

(a) death or personal injury caused by negligence;

(b) fraud or fraudulent misrepresentation; or

(c) any matter for which it would be unlawful for us to exclude or limit liability.

14.4 Subject to clause 14.3, Cherryfield’s total aggregate liability arising out of or in connection with the Contract shall not exceed the greater of: (a) four times the Fees paid or payable under the Contract; and (b) £40,000.

14.5 Nothing in these Terms affects your statutory rights, including your rights under the Consumer Rights Act 2015.

15. General

15.1 We may transfer our rights and obligations under the Contract to another organisation, but this will not affect your rights.

15.2 You may only transfer your rights or obligations under the Contract if we agree in writing.

15.3 If any provision of these Terms is invalid or unenforceable, it shall be modified to the minimum extent necessary and the remaining provisions shall continue in full force and effect.

15.4 If we delay in enforcing a right under the Contract, we may still enforce that right later.

15.5 A person who is not a party to the Contract has no right to enforce any term of the Contract under the Contracts (Rights of Third Parties) Act 1999.

15.6 If you have a complaint, please contact us in writing at martin@cherryfieldecology.co.uk, setting out the nature of your concern and any relevant information. We will investigate and respond within a reasonable period.

15.7 The Contract is governed by the law of England and Wales. If you live in another part of the United Kingdom, you may have the benefit of mandatory local laws and may bring proceedings in the courts of the part of the United Kingdom in which you live.

Effective Date: 18 September 2026