Tree Surgeons Mitcham Service Terms and Conditions

These Terms and Conditions set out the basis on which Tree Surgeons Mitcham provides domestic and commercial tree surgery services. By requesting a quotation, making a booking, or allowing work to begin, you agree to these terms. They are intended to be clear, fair, and consistent with applicable UK law. They apply to all standard tree surgery works, including pruning, crown work, reductions, removals, stump-related services, and associated site clearance, unless otherwise agreed in writing.

1. Definitions and scope

In these terms, “we”, “us”, and “our” refer to the service provider operating under the tree surgery trade name used for bookings and work orders. “You” and “your” refer to the customer, client, or any person authorising the works. “Services” means the tree surgeon services agreed in the quotation, schedule, or written confirmation. These terms do not cover unrelated building, landscaping, or consultancy services unless they are expressly included in the written agreement. Any variation to the scope of works must be confirmed before the work is carried out.

2. Booking process

A booking is usually made after an initial enquiry and a site assessment, either in person, by photographs, or by other reasonable information provided by you. Any quotation is based on the information available at the time and may be subject to change if the condition of the tree, access, ground conditions, or working environment differs from what was described. A booking is only confirmed when you accept the quotation and we issue confirmation in writing or by another clear record. We may require a deposit or advance payment before a date is reserved. The date and time of attendance are estimates unless an exact slot has been expressly agreed.

It is your responsibility to make sure that the person booking the service has authority to do so. If you are a tenant, managing agent, business occupant, or other non-owner, you must obtain any necessary permission from the property owner, landlord, or relevant decision-maker before works begin. You must also inform us of any special site restrictions, shared access arrangements, underground services, boundary issues, tree preservation constraints, or other matters that could affect the work. If essential information is withheld or is inaccurate, we may revise the quotation, pause the work, or refuse to proceed.

3. Access, preparation, and customer duties

You must ensure that reasonable access is available on the agreed date, including safe entry to the work area and adequate space for tools, machinery, and loading if waste is to be removed. Please move vehicles, garden furniture, fragile items, and other obstructions before work starts unless we have agreed to handle them. You must also keep pets, children, and unauthorised persons away from the work zone. If access is delayed or obstructed, the start time may be postponed and additional charges may apply where the delay is caused by circumstances under your control.

You are responsible for notifying us of any known hazards, including hidden services, unstable structures, asbestos-containing materials, aggressive wildlife, infestations, protected habitats, or contaminated ground. If, during the work, we discover conditions that present a risk to health, safety, or property, we may stop work until the issue is resolved. We will use reasonable judgement to protect people and property, but we are not responsible for damage caused by undisclosed defects, unsafe structures, or hazards that could not reasonably have been identified in advance.

4. Pricing and payments

All quotations are provided in pounds sterling and, unless stated otherwise, are exclusive of VAT where VAT applies. The quotation will normally describe the work included, any assumed access or disposal arrangements, and any exclusions. Additional work requested on site or required because of changed circumstances will be charged separately at a fair rate based on the additional labour, equipment, waste disposal, or subcontracting involved. If the quoted work cannot be completed as planned because of weather, access problems, hidden defects, or legal restrictions, the price may need to be adjusted before completion.

Payment terms will be confirmed in the quotation or booking confirmation. Unless agreed otherwise, full payment is due on completion of the work and before leaving site, by the payment methods we make available from time to time. For larger projects, staged payments or a deposit may be required in advance, with the remaining balance due on completion or at another agreed stage. Late or overdue payments may result in administrative charges, interest, recovery costs, or suspension of future work, to the extent permitted by law. Ownership of any supplied materials, where relevant, does not transfer until we receive full payment.

If the customer is a business, we may charge interest on late invoices under the Late Payment of Commercial Debts (Interest) Act 1998, together with reasonable costs of recovery where applicable. If the customer is a consumer, we will act in line with the Consumer Rights Act 2015 and other applicable consumer protection rules. Any dispute about an invoice must be raised promptly and in writing, identifying the specific item in dispute. Undisputed amounts must still be paid on time.

5. Cancellations, postponements, and non-attendance

Where a booking is cancelled by you, please give as much notice as possible. Unless a different cancellation policy is stated at the time of booking, deposits may be non-refundable where time has been reserved, materials have been ordered, inspections have been carried out, or an attendance has been scheduled in good faith. If you cancel at short notice, we may charge a reasonable fee for lost time, preparatory work, and any costs we have already incurred. For consumer bookings made at a distance or off-premises, cancellation rights may apply in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, subject to any lawful exceptions and any request by you for work to begin within the cancellation period.

If we need to cancel or postpone due to severe weather, unsafe conditions, equipment failure, staff illness, legal compliance issues, or other events beyond our reasonable control, we will seek to rearrange the work as soon as reasonably practicable. We are not liable for indirect losses caused by a change of date, but we will aim to minimise inconvenience. If we attend site and cannot complete the work because access is unavailable, necessary permissions are missing, or you are not present where attendance is required, we may charge a call-out or wasted journey fee.

6. Health, safety, and working methods

Our tree surgeons will carry out works using methods judged suitable for the tree, site, and conditions on the day. We may use climbing techniques, mechanical aids, lowering systems, or other equipment in line with professional practice. All works are undertaken with reasonable care and skill, but trees are living organisms and outcomes can vary due to age, disease, decay, previous poor maintenance, weather exposure, and underlying structural weaknesses. No promise is made that a tree will remain stable, healthy, or free from future failure after any pruning, reduction, or remedial work.

We may refuse to use a method that we reasonably believe would be unsafe, illegal, or inappropriate. If a customer insists on a specific instruction that we consider unsafe or contrary to good arboricultural practice, we may decline the instruction and either propose an alternative or withdraw from the booking. We will not be required to complete work if doing so would expose our team or others to unacceptable risk. Any decision made on site for safety reasons will be final for that visit.

Where the work involves chainsaws, chippers, stump equipment, or work at height, we will follow relevant health and safety requirements and industry standards. You must not interfere with equipment or enter cordoned-off areas. If another contractor, utility operator, or third party is working nearby, you must tell us in advance. We are not responsible for delays or restrictions caused by third parties over whom we have no control.

7. Liability and limits of responsibility

We will use reasonable care and skill in delivering the services, but our liability is limited to losses that are foreseeable and directly caused by our breach of these terms or by negligence. Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded under English law. Where you are a consumer, your statutory rights are not affected.

We are not liable for loss or damage caused by matters outside our reasonable control, including hidden defects in the tree, latent decay, adverse weather, subsidence, previous poor workmanship by others, animal activity, vandalism, theft by third parties, or the acts or omissions of utility companies and local authorities. We are also not liable for indirect or consequential losses such as loss of profit, loss of business, inconvenience, or loss of amenity, except where such exclusion is not permitted by law.

If property damage occurs and is directly attributable to our negligence, we will assess the situation fairly and may arrange repair, replacement, or financial settlement up to the level permitted by our insurance and legal responsibilities. You must notify us of any alleged damage within a reasonable time after discovery and provide photographs or other supporting information where possible. We do not accept responsibility for pre-existing damage, cosmetic marks caused by normal operations, or minor disturbances to lawns, borders, or surfaces that are reasonably expected from tree surgery work.

8. Waste removal and environmental compliance

Where waste removal is included, we will remove green waste, wood, brash, and other agreed materials generated by the service and dispose of them using lawful methods. All waste will be handled in accordance with applicable environmental legislation, including the Environmental Protection Act 1990 and the Waste (England and Wales) Regulations 2011, as amended. Waste transfer, carrier, and disposal arrangements will be managed responsibly, and we will not knowingly dispose of any waste unlawfully or in a manner that would cause pollution, nuisance, or breach of duty.

Unless agreed otherwise, arisings belong to us once severed and may be chipped, recycled, reused, or removed as part of our waste management process. If you wish to retain timber, logs, mulch, or other material, this must be agreed before work starts. Additional sorting, stacking, cutting, or loading may incur an extra charge. Any contaminated or hazardous waste discovered on site may require specialist handling and separate charges. We will advise you if the material cannot be removed as standard green waste.

You must not ask us to transport, dump, or dispose of waste illegally. If you request a disposal method that would breach environmental rules, we will refuse. If waste from your site includes items that are not part of the agreed tree surgery service, such as household rubbish, builders’ waste, or non-green debris, we may leave it in place, charge an additional fee, or suspend work until the issue is resolved. The customer remains responsible for any pre-existing waste on site unless otherwise agreed in writing.

9. Ownership of materials, permits, and legal compliance

Where permits, licences, planning consent, tree preservation consent, conservation area notification, or landowner permissions are required, it is your responsibility to obtain them unless we expressly agree in writing to assist with the process. Our quotation assumes that all necessary approvals are in place before work begins. If work is delayed or prevented because the required consent has not been obtained, we may charge for time already spent, inspections completed, and any re-attendance required.

You warrant that you have authority to instruct the services and that, to the best of your knowledge, the work does not breach any covenant, lease condition, tenancy term, or other restriction applicable to the property. We may ask for proof of authority or permission where appropriate. If legal compliance cannot be confirmed, we may refuse to proceed until it has been clarified. Any instruction from you that would cause us to breach the law will be treated as void.

10. Complaints and remedy

If you believe the service has not been carried out properly, you should tell us as soon as reasonably possible and allow us a fair opportunity to inspect the issue. We may, at our discretion and where appropriate, return to site to review the concern, carry out corrective work, or offer another reasonable remedy. This does not affect any statutory rights you may have. Minor variations in appearance, regrowth, and natural tree response do not automatically mean the service was defective.

11. Data, communications, and evidence

We may retain records relating to quotations, bookings, site notes, photographs, payment information, and correspondence for business, legal, insurance, and operational purposes. Any personal data will be handled in accordance with applicable data protection law. We may use photographs for identification of work stages, quotation evidence, dispute resolution, and record keeping. If we share images with you, they remain for service documentation and do not imply any additional warranty beyond the terms stated here.

Electronic messages, including email, text message, and similar written forms, may be used for confirmations, changes, and approvals. A written message from either party may form part of the agreement. You should keep copies of all important records. We are not responsible for communications delayed or lost due to technical issues outside our control, provided we took reasonable steps to send them.

12. Force majeure and suspension

We may suspend performance or extend time for completion where an event outside our reasonable control prevents or materially hinders the service. This includes extreme weather, fire, flood, storm damage, industrial action, illness, supply problems, transport disruption, or legal restrictions. If the event continues for a significant period, either party may agree to reschedule or, where appropriate, terminate the booking for the affected work. Any payments already made will be treated fairly in light of the work completed, costs incurred, and obligations already discharged.

13. Governing law

These Terms and Conditions are governed by the law of England and Wales. Any dispute arising from or relating to the services, quotation, booking, payment, or these terms will be subject to the exclusive jurisdiction of the courts of England and Wales, subject always to any mandatory consumer rights or alternative dispute procedures that may apply. If any part of these terms is found to be unlawful or unenforceable, the remaining provisions will continue in force.

14. General provisions

No waiver of any term shall be effective unless agreed in writing. If we choose not to enforce a right on one occasion, that does not prevent us from enforcing it later. These terms, together with the quotation and any written amendments, form the entire agreement between the parties regarding the services. Any previous statements, discussions, or representations not included in the written agreement do not form part of the contract unless required by law.

By booking a service from Tree Surgeons Mitcham, you confirm that you have read, understood, and accepted these Terms and Conditions.