Terms and Conditions for Tree Surgeons Mottingham

These Terms and Conditions set out the basis on which tree surgeons in Mottingham provide arboricultural services to domestic and commercial customers. By requesting a quotation, making a booking, or allowing work to proceed, the customer agrees to be bound by these terms. They are intended to create clarity about the service process, payments, cancellation rights, safety responsibilities, waste handling, and legal matters. Unless otherwise agreed in writing, these terms apply to all tree surgery services, including pruning, crown work, removals, stump-related services, inspections, and associated site clearance.

References to “we”, “us”, and “our” mean the service provider delivering the tree surgery work. References to “you” and “the customer” mean the person or business commissioning the work. These terms are designed for use in the United Kingdom and should be read together with any written quotation, estimate, or job-specific agreement. If there is any inconsistency between these terms and a written quotation, the written quotation will normally take priority for that particular instruction.

We aim to carry out all work with reasonable care and skill, but tree surgery is a hazardous activity that may be affected by weather, access, tree condition, ground conditions, and the presence of hidden defects. Because of this, the scope of work may need to be adjusted on site to ensure safety and compliance. Any material change to the agreed scope will be discussed with the customer before additional work is undertaken, unless immediate action is necessary to protect people, property, or the public.

To make a booking, the customer may request a quotation based on an initial description, photographs, site visit, or a combination of these methods. A quotation is usually prepared using the information available at the time and may be subject to change if the condition of the trees or access conditions differ from what was originally described. A booking is only confirmed once the customer accepts the quotation or estimate and, where applicable, pays any required deposit or booking fee. Acceptance may be given in writing, by email, or by any other recorded means agreed between the parties.

Booking Process

Once a booking has been accepted, we will ordinarily agree a proposed date or time window for the work. This date may be dependent on weather, equipment availability, staff allocation, traffic conditions, or local restrictions affecting safe operation. Customers must ensure that all relevant information has been provided before the booking is confirmed, including access details, the presence of underground services, shared boundaries, parking limitations, or any need for permits. If information is omitted or later found to be inaccurate, we may revise the quotation, alter the schedule, or decline to proceed where safe performance is not possible.

Customers are responsible for ensuring that they have the authority to commission the work. Where the land, trees, or boundary are jointly owned, leased, or managed by a third party, the customer must obtain any necessary consent before the job begins. We are entitled to treat the person placing the order as having the proper authority to instruct the work unless notified otherwise in advance. If the work involves trees subject to planning controls, preservation orders, or lease restrictions, the customer should ensure that any required permissions have been obtained before the scheduled date.

We may ask for photographs, site notes, or a site inspection before confirming a price. Estimates given without inspection are indicative only and are not binding if the actual conditions differ. Where access is restricted or machinery is needed, the customer must tell us in advance so that the job can be planned correctly. If a site visit is necessary to finalise the scope, the customer should ensure reasonable access is available. Failure to do so may result in a wasted visit charge or rescheduling.

Payments

Unless otherwise stated, invoices are payable in full upon completion of the work. For larger projects, staged payments, deposits, or part-payments may be required before work begins or at agreed milestones. Any deposit requested is usually non-refundable once work has been scheduled and resources have been allocated, except where cancellation rights apply under these terms or where a refund is required by law. Payment methods, invoice dates, and due dates will be set out on the quotation or invoice.

Where payment is not received by the due date, we reserve the right to charge interest and reasonable costs in line with applicable UK legislation, including the Late Payment of Commercial Debts legislation where relevant. We may also suspend further work, withhold non-essential documentation, or decline future services until outstanding sums are settled. The customer is responsible for all bank charges, transfer fees, or payment processing costs imposed by their chosen payment method unless we agree otherwise in writing.

Any additional work requested during the job, or any extra work needed because of hidden defects, unsafe conditions, or changes to the agreed scope, may be charged separately. We will normally explain the reason for any variation before continuing, and the customer will be asked to approve the additional cost where practicable. If urgent action is needed to prevent injury, damage, or a breach of safety duties, we may proceed with the minimum necessary work and charge a fair rate for the labour, equipment, and disposal involved.

Cancelled bookings may also be subject to charges if we have already incurred costs for labour, equipment mobilisation, traffic management, waste transfer arrangements, or specialist subcontractors. If the customer cancels after the work has begun, they must pay for all work completed and any materials or services already committed. We will always aim to act reasonably when assessing cancellation charges, taking into account the notice given and the costs actually incurred.

Cancellations and Rescheduling

The customer may request to cancel or rearrange a booking by giving notice as early as possible. If notice is provided at least 48 hours before the scheduled start time, cancellation charges will normally be limited to any non-recoverable costs already incurred. If less than 48 hours’ notice is given, a cancellation fee may apply to cover lost time, scheduling disruption, and preparatory costs. For bookings involving special equipment, permits, or third-party attendance, a higher charge may be justified if those commitments cannot be cancelled without cost.

We may reschedule or cancel a booking due to unsafe weather, equipment failure, staff illness, access problems, emergency call-outs, or any circumstance beyond our reasonable control. In such cases, we will aim to offer an alternative date. We will not be responsible for losses arising from a necessary rescheduling where the cancellation is caused by matters beyond our control, provided we act reasonably and keep the customer informed. If we cancel and no alternative date is suitable, any advance payment for work not carried out will be refunded, less any non-recoverable sums properly incurred.

Tree surgery involves physical risk, and the customer accepts that some damage can occur even when reasonable care is taken. We are not responsible for pre-existing defects, hidden decay, unstable trees, underground services, weak structures, or damage caused by conditions not reasonably visible during inspection. Where the customer has asked us to work close to buildings, fences, walls, cables, or other structures, the customer accepts that a degree of risk is inherent in the task and that narrow access or old infrastructure can increase the likelihood of incidental contact. This does not exclude liability for negligence, but it does reflect the practical limits of arboricultural work.

Liability

We will carry out services with reasonable skill and care in accordance with normal professional standards expected of UK tree surgeons. If we fail to do so and that failure causes direct loss or damage, we will be liable for the foreseeable consequences of our breach, subject always to the limitations set out in these terms and to any rights that cannot lawfully be excluded. Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot legally be limited under UK law.

To the fullest extent permitted by law, we will not be liable for indirect or consequential losses, loss of profit, loss of opportunity, business interruption, or any loss that was not reasonably foreseeable at the time the contract was formed. Where liability is established, our total aggregate liability for any single claim or series of connected claims will not exceed the total amount paid or payable for the specific work giving rise to that claim, except where the law requires a different result. Customers are encouraged to keep their own insurance arrangements in place for risks relating to their property.

The customer is responsible for removing or protecting fragile items, ornaments, garden furniture, vehicles, and other valuables from the work area before the job begins, unless we have expressly agreed to do so. We may ask the customer to mark underground services, hidden hazards, or boundaries where these are not obvious. If the customer fails to provide accurate information or fails to secure the site appropriately, we will not be responsible for resulting damage unless caused by our negligence. Any claim for damage must be notified promptly and supported by reasonable evidence.

Waste produced during tree surgery, including timber, branches, foliage, stump arisings, and related green waste, will be handled in line with applicable waste management rules. In many cases, waste may be removed from site for recycling, mulching, composting, chipping, or lawful disposal through approved facilities. Where the customer requests that waste be retained, stacked, or left on site, this must be agreed in advance and may affect pricing. Ownership of waste generally passes in accordance with the job agreement and once lawful transfer arrangements have been made.

Waste Regulations

We will operate in compliance with relevant UK waste regulations, including the requirement to transfer waste only to authorised persons or facilities where applicable. Waste transfer may be documented by a waste transfer note or similar record, especially where commercial premises, larger volumes, or regulated materials are involved. Customers must not ask us to dispose of prohibited materials in green waste loads. If hazardous or non-arboricultural items are discovered in the work area, we may refuse to handle them or charge separately for lawful handling where permitted.

In relation to timber, the customer should understand that logs, woodchip, and brash may have value, but such materials are only retained by the customer if this is clearly stated in the agreement. If the customer wishes to keep timber for firewood or reuse, they must tell us before the work starts. Otherwise, the material may be removed, processed, or disposed of at our discretion where permitted by the contract. Any retained wood remains at the customer’s risk once left on site, and we are not responsible for later movement, decay, or nuisance caused by stored organic material.

Access to the site must be made available on the agreed date. The customer should ensure gates, driveways, and work areas are unobstructed and that any necessary permissions for access across adjoining land have been obtained. If access is delayed, unsafe, or impossible on arrival, we may charge for wasted time, travel, and any preparatory costs incurred. We may refuse to continue if the site conditions differ materially from those described at booking or if there is a risk to staff, the public, pets, or property.

Customer Responsibilities

The customer must provide accurate and complete information, including known tree defects, utility locations, legal constraints, previous works, and any special site risks. Where relevant, the customer should notify neighbours, tenants, residents, or other affected parties if the work may temporarily affect access, noise, or shared boundaries. We may use ropes, machinery, elevated work systems, chainsaws, stump grinders, and other specialist equipment; the customer should therefore keep unauthorised persons away from the working area at all times.

If the customer asks us to proceed despite a known concern, we may require a written acknowledgment of that instruction. However, we retain the right to refuse any task that we reasonably believe is unsafe, unlawful, or outside our competence. In such circumstances, we may stop work immediately and invoice for the proportion of work completed and any costs already incurred. Safety takes priority over convenience, and our decision on whether work can proceed on site will be final if based on reasonable professional judgment.

Any complaint or issue should be raised as soon as reasonably possible after completion of the work so that we can assess the matter and, where appropriate, inspect the relevant site conditions. We may request photographs, records, or access to the affected area before discussing a remedy. If a defect is confirmed and we are responsible, we may choose to re-perform the service, offer a price adjustment, or agree another reasonable remedy. This process is intended to resolve issues fairly without unnecessary escalation.

These terms may be updated from time to time. The version in force at the time the booking is accepted will apply to that job unless a later written variation has been agreed by both parties. If any provision of these terms is found to be unlawful, invalid, or unenforceable, the remaining provisions will continue in full force and effect. No failure or delay by us in enforcing a right will amount to a waiver of that right.

Governing Law

These Terms and Conditions, and any dispute or claim arising out of or in connection with them, shall be governed by and interpreted in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction, except where applicable consumer law gives the customer the right to bring proceedings elsewhere. If you are commissioning tree surgery services as a consumer, your statutory rights are not affected by these terms.

By accepting a quotation or allowing work to proceed, the customer confirms that they have read, understood, and agreed to these Terms and Conditions. These terms form part of the contract for services and are intended to provide a fair, practical framework for the delivery of professional arboricultural work. They protect both parties by setting out clear expectations on booking, payment, cancellation, liability, waste handling, and the law that governs the relationship.