Terms and Conditions for Tree Surgeons Addiscombe

These Terms and Conditions apply to the supply of tree surgery, arboricultural, site clearance, stump removal, hedge work, pruning, dismantling, felling, and related services provided by Tree Surgeons Addiscombe and any associated personnel acting on its behalf. By making a booking, accepting a quotation, or allowing work to commence, the customer agrees to be bound by these terms. These terms are intended to set out the basis on which services are provided, so that both parties understand the scope of work, payment arrangements, cancellations, liabilities, and legal responsibilities.

For the purposes of these Terms and Conditions, references to “we”, “us”, and “our” mean the service provider, and references to “you” and “your” mean the customer, client, property owner, occupier, managing agent, or any person lawfully instructing us to carry out the work. If you are instructing us on behalf of another person or organisation, you confirm that you have authority to do so.

These terms are written for a UK legal context and are intended to complement, not replace, applicable consumer, contract, environmental, and health and safety laws. If any part of these Terms and Conditions is held to be unenforceable, the remainder shall continue in full force to the extent permitted by law.

1. Booking Process and Acceptance of Work

Bookings may be made by telephone, email, online enquiry, written instruction, or any other method we make available from time to time. A booking is only confirmed when we have accepted the work, agreed an approximate date or timescale, and, where relevant, received any deposit or advance payment requested. Any quotation provided by us is based on the information available at the time and may be subject to change if the site conditions, scope, access, or legal constraints differ from those described.

Before carrying out tree surgery services, we may request photographs, site details, access information, measurements, permissions, or additional information required to prepare a quotation or assess the work safely. You agree to provide accurate and complete information. If the actual conditions differ materially from the description supplied, we may revise the quotation, reschedule the work, or decline to proceed if the revised scope is unsafe or impracticable.

All agreed dates are estimates unless we expressly state otherwise. We will use reasonable efforts to attend on the agreed date, but times may change due to weather, traffic, staffing, equipment failure, or emergency call-outs. Tree surgeon services are often dependent on safe working conditions, and we reserve the right to postpone work where conditions are not suitable.

If the work requires permission from a third party, such as a landlord, managing agent, neighbour, utility company, or local authority, it is your responsibility to obtain and maintain that permission unless we expressly agree in writing to handle it. You must also ensure that the work requested does not breach any covenant, lease restriction, planning condition, preservation order, or other legal restriction. Where necessary, we may ask for evidence of consent before starting work.

We may refuse or pause a booking if the site presents a risk to health and safety, if access is inadequate, if there is a dispute over ownership or authority, or if the customer fails to provide important information. In such cases, any wasted attendance costs, call-out charges, or administrative costs may still be payable where permitted by law and where disclosed in advance.

2. Prices, Payments, and Invoicing

Prices for tree surgery in Addiscombe or any other service area are generally based on the scale of work, complexity, labour, equipment, disposal requirements, access, and risk. Unless stated otherwise, quotations are valid for a limited period and may be withdrawn or amended after expiry. All prices are quoted in pounds sterling and may be subject to VAT where applicable.

Unless otherwise agreed in writing, payment is due in full on completion of the work or on receipt of invoice, whichever is stated on the quotation or invoice. We may request a deposit for larger, scheduled, or bespoke projects, and we may require staged payments for longer works. Any deposit paid may be used to secure materials, labour, and scheduling. Deposits are non-refundable except where required by law or where we are unable to perform the work for reasons within our control.

You are responsible for paying all sums due without deduction, set-off, or withholding unless we agree otherwise in writing or a court orders otherwise. If payment is not received by the due date, we may charge interest and recover reasonable debt recovery costs in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, where applicable, and the general law on late payment. We also reserve the right to suspend further work, withhold completion certificates or records, and retain materials or waste pending payment where lawful.

3. Changes, Delays, and Cancellations

If you wish to change the date, scope, or specifications of the tree surgery services, you must notify us as soon as reasonably possible. We will consider changes in good faith, but any alteration may affect pricing, labour requirements, waste volume, machinery, or programme. Additional work requested on site that falls outside the original quotation will normally be charged separately.

You may cancel a booking by giving us notice in writing or by another confirmed method. If you cancel with sufficient notice and we have incurred no significant cost, we may refund all or part of any advance payment at our discretion, subject to our legal obligations. If you cancel at short notice, especially after we have reserved labour, equipment, or disposal arrangements, we may retain some or all of the deposit or charge a reasonable cancellation fee to reflect losses incurred.

If we need to cancel or postpone due to weather, unsafe conditions, illness, equipment failure, access problems, or other matters beyond our reasonable control, we will seek to rearrange the work at the earliest practical time. We are not liable for any indirect loss arising from such postponement, provided that we act reasonably and communicate any changes promptly.

Where the customer fails to provide access, fails to be present if required, or is otherwise unable to allow the work to proceed, we may charge a wasted visit fee or rescheduling charge if this has been made clear in advance. Tree surgeons often work with constrained schedules and specialist equipment, and late cancellations can cause disproportionate disruption. Our approach to cancellations is intended to be fair and proportionate while protecting legitimate business costs.

4. Customer Responsibilities

You must ensure that the work area is reasonably clear and that any children, pets, vehicles, fragile items, garden ornaments, or other property are moved or protected before work begins where such action is reasonably required. You must also tell us about underground services, overhead cables, concealed hazards, pests, protected species, unstable structures, or anything else that might affect the safe performance of the work.

You acknowledge that arboricultural work can involve falling branches, sawdust, chip debris, vibration, noise, dust, and temporary restriction of access. While we take reasonable precautions, you are responsible for securing the site insofar as it remains under your control and for preventing unauthorised access during operations. If a third party enters the work area against instructions, we accept no responsibility for consequences caused by that person’s actions to the extent permitted by law.

5. Liability and Limitations

We will exercise reasonable skill and care in providing tree surgery and related services. However, certain outcomes are inherently uncertain in arboricultural work, particularly where trees are diseased, decayed, storm-damaged, structurally compromised, or subject to hidden defects. Unless we have expressly guaranteed a result in writing, we do not warrant that a tree will remain healthy, stable, or free from future failure after work has been completed.

Nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded under UK law. Subject to that, we shall not be liable for indirect or consequential losses, loss of profit, loss of opportunity, loss of enjoyment, or business interruption arising from the services, whether in contract, tort, or otherwise.

Where we are found liable for loss or damage, our total liability shall, to the fullest extent permitted by law, be limited to the total amount paid or payable for the specific services giving rise to the claim, unless a higher amount is required by statute. This limitation applies to all claims arising out of or in connection with the same event or series of related events.

We are not responsible for damage that arises from pre-existing defects, hidden decay, structural failure, subsidence, root movement, adverse weather, or the natural behaviour of trees and shrubs, unless caused by our negligence. If you ask us to retain a tree or limb that we have advised should be removed for safety reasons, you do so at your own risk. Likewise, where a customer instructs us to work in a manner contrary to our professional recommendation, we may require written confirmation of that instruction before proceeding.

6. Waste, Recycling, and Environmental Regulations

Tree surgery work generates green waste, wood chip, timber, stump arisings, sawdust, packaging, and potentially contaminated materials. Unless otherwise agreed, waste arising from our work becomes our responsibility once removed from the site and will be handled in accordance with applicable waste management laws and duty of care requirements. We will aim to recycle, reuse, or recover materials where practicable and lawful.

Where waste is to be left on site at your request, it becomes your responsibility from the point of handover, and you must ensure that any subsequent storage, movement, composting, burning, or disposal complies with relevant environmental and local rules. If waste includes materials that are classified as controlled, hazardous, or otherwise subject to special handling, you must disclose this before work begins. Additional charges may apply where waste requires separate transport, specialist disposal, or extra sorting.

We will comply with the Environmental Protection Act 1990, the Waste (England and Wales) Regulations 2011, and any other applicable legislation governing the transport, transfer, and disposal of waste. You agree to cooperate with any requirement to sign waste transfer documentation or confirm the source and nature of waste where reasonably necessary. If incorrect information is provided about waste types or site conditions, you may be responsible for any resulting costs, penalties, or losses to the extent caused by that misinformation.

7. Access, Parking, and Site Conditions

You are responsible for providing reasonable access to the property, including permission to enter, load, unload, and remove materials and equipment. Where parking permits, suspension, private access arrangements, or weight restrictions affect attendance, you must inform us in advance. Any additional charges arising from parking fees, waiting time, restricted access, or use of alternative equipment may be added to the invoice if they were not reasonably foreseeable at quotation stage.

We may decline to use machinery, climbing methods, rigging systems, or cutting techniques that our operatives consider unsafe or unsuitable for the site. We reserve discretion over the means and methods used to complete the work, provided the outcome reasonably matches the agreed specification. Safety of personnel, property, and the public takes priority over speed or convenience.

8. Complaints and Rectification

If you are dissatisfied with any aspect of the service, you should notify us as soon as reasonably practicable and in any event within a reasonable time after completion. We may request photographs, a description of the issue, and access to inspect the affected work. Where a valid issue has arisen due to our failure to exercise reasonable skill and care, we may choose to rectify the matter, reduce the price, or take another reasonable step in line with our legal obligations.

We will not be responsible for alleged defects caused by subsequent weather events, third-party interference, lack of maintenance, natural growth, or work carried out by others after our service has been completed. Any rectification is limited to the specific item of work complained of and does not create a wider warranty unless expressly agreed.

9. Governing Law and Jurisdiction

These Terms and Conditions, and any dispute or claim arising out of or in connection with them, shall be governed by and construed in accordance with the laws of England and Wales. The parties agree that the courts of England and Wales shall have exclusive jurisdiction, except where consumer legislation provides otherwise.

If any dispute arises, both parties should first attempt to resolve it in good faith before commencing formal proceedings. This may include discussing the issue, reviewing photographs or invoices, and considering reasonable remediation. Nothing in this clause prevents either party from seeking urgent relief where necessary to protect property, safety, or legal rights.

By instructing us, you confirm that you have read, understood, and accepted these Terms and Conditions and agree that they form part of the contract between you and the provider of the tree surgery services. These terms are intended to support transparent, lawful, and professional delivery of services while balancing the interests of both parties.