Terms and Conditions for Tree Surgeons Earlscourt
These Terms and Conditions set out the basis on which Tree Surgeons Earlscourt provides tree surgery and related arboricultural services to domestic and commercial clients in the UK. By booking, accepting a quotation, or allowing work to begin, you agree to be bound by these terms. Please read them carefully before placing an order for any tree surgery service, including pruning, crown reduction, stump removal, tree felling, emergency call-outs, or site clearance. These terms are intended to be fair, transparent, and consistent with UK consumer and business law.
1. Scope of Services
We provide professional arboricultural services as described in our written quotation, job specification, or other agreed scope. The exact work may vary depending on tree condition, access, weather, ground conditions, tree health, legal restrictions, and safety requirements. Any additional works not included in the original agreement may be charged separately if approved by you in advance. We reserve the right to refuse or postpone work where conditions make the task unsafe or impractical. Tree surgeons in Earlscourt will always aim to act reasonably, but we cannot guarantee that all requested work will be completed in a single visit where circumstances are outside our control.
2. Booking Process
Bookings are normally made after an initial enquiry, site assessment, and quotation. A booking is only confirmed once we have accepted the job in writing, by email, text message, or other recorded communication. In some cases, a deposit may be required to secure a date. You are responsible for ensuring that all information provided during the booking process is accurate, including the location of the trees, access arrangements, known hazards, and any relevant permissions or restrictions. If the job is booked on behalf of a landlord, managing agent, or business, that party must ensure they have authority to instruct us. Tree Surgeon Earlscourt services may require a pre-visit to assess trees, identify risks, and confirm the correct equipment and staffing.
3. Quotations and Estimates
Any quotation issued will usually be based on the information available at the time of inspection or enquiry. Quotations are valid for the period stated on the quotation, or if no period is stated, for 30 days from the date of issue. Estimates are given in good faith but may be revised if the scope of work changes, if hidden defects are discovered, or if site conditions differ from those initially described. Tree work can be affected by factors such as nesting birds, disease, storm damage, underground services, or access limitations. If a change in price is necessary, we will explain the reason before proceeding where reasonably possible.
4. Payments
Unless otherwise agreed in writing, payment is due in full on completion of the work. For larger projects, staged payments, deposits, or interim invoices may be requested. Accepted payment methods may include bank transfer, card payment, or other agreed methods. Any deposit paid is normally offset against the final invoice unless stated otherwise. Late payment may result in interest, administrative charges, recovery costs, and suspension of further work, all to the extent permitted by law. If you are a business customer, we may exercise our rights under the Late Payment of Commercial Debts (Interest) Act 1998 where applicable. We reserve the right to retain title to any materials supplied until payment has been made in full, where permitted by law.
5. Non-Payment and Disputed Invoices
If you dispute an invoice, you must notify us promptly and provide clear reasons for the dispute. You must pay any undisputed amount by the due date. Failure to pay may lead to debt recovery action. We may suspend ongoing or future services until outstanding sums are cleared. In the event that legal proceedings become necessary, you may also be liable for reasonable recovery costs, court fees, and statutory interest. We encourage all clients using tree surgeons in Earlscourt to raise questions early so that any issues can be resolved quickly and fairly.
6. Cancellations and Rescheduling
You may cancel or reschedule a booking by giving reasonable notice. If you cancel after work has been scheduled and we have already incurred costs, we may charge a cancellation fee to cover administration, labour allocation, travel, materials, waste arrangements, or specialist equipment reserved for your job. Where a deposit has been paid, it may be non-refundable if cancellation occurs within the period stated at the time of booking. If we need to cancel or postpone due to weather, safety concerns, staff illness, equipment failure, or other reasons beyond our control, we will offer an alternative date where possible. We are not liable for indirect losses caused by a lawful cancellation or postponement, provided we have acted reasonably.
7. Access, Preparation, and Customer Responsibilities
You must ensure that we have safe and reasonable access to the site, including gates, driveways, parking arrangements, and any necessary keys, codes, or permits. You must remove or protect items that could be damaged during the work, such as ornaments, vehicles, garden furniture, sheds, lights, fragile planting, or other obstacles. You are also responsible for informing us of any underground services, septic tanks, concealed structures, or other site hazards known to you. If access is restricted or the site is not ready when we arrive, we may charge for wasted time, additional labour, or a return visit. Tree surgery Earlscourt projects often involve heavy equipment and moving timber, so adequate preparation is important for safety and efficiency.
8. Health, Safety, and Site Conditions
We operate in accordance with applicable health and safety legislation and good arboricultural practice. Our operatives may stop work if they believe conditions are unsafe, including during high winds, lightning, heavy rain, icy surfaces, unstable structures, or unexpected risks identified during the job. You agree not to interfere with our methods, equipment, or safety controls. Children, pets, and unauthorised persons should be kept away from the work area. If we identify a serious hazard, we may require the area to be secured before continuing. Safety decisions made by our team are final where they are necessary to protect people, property, or equipment.
9. Liability and Limitations
We will use reasonable skill and care in providing all tree surgeon services. However, tree work involves natural materials and inherent risk. To the maximum extent permitted by law, we are not responsible for pre-existing defects, hidden decay, latent structural weakness, subsidence, root interference, or failures arising from circumstances beyond our reasonable control. Where we have given advice, any recommendations are based on the information reasonably available at the time and do not amount to a guarantee of future tree health or structural stability. Nothing in these terms limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot legally be excluded. Where liability is lawfully accepted, it will be limited to the amount paid or payable for the relevant service, unless a different limit is required by law.
10. Damage and Insurance
We will take reasonable care to avoid damage to property, but minor scuffs, marks, compression of lawns, or disturbance to surfaces can occur when carrying out tree work. You accept that some disruption is inherent in the service. If any damage occurs that is directly caused by our negligence, please notify us as soon as reasonably possible so the issue can be investigated. We maintain appropriate insurance cover for the services we provide, subject to policy terms, exclusions, and conditions. We are not responsible for damage caused by third-party interference, defective structures, hidden utilities, or the failure of items that were already compromised before work began. Tree surgeons Earlscourt may need to use cranes, chippers, climbing equipment, or stump grinders, all of which require careful coordination and may create unavoidable site disturbance.
11. Waste Management and Regulatory Compliance
All green waste, timber, brash, woodchip, and related arboricultural arisings are handled in accordance with applicable UK waste regulations, including the Waste (England and Wales) Regulations 2011 and any relevant environmental requirements. Unless otherwise agreed, waste produced during the job remains our responsibility once removed from your site and will be transported, recycled, reused, or disposed of lawfully through appropriate channels. If you request that waste be left on site, it becomes your responsibility from the time of handover, and you must ensure that it is stored and managed safely. If waste is classed as controlled or requires special handling, additional charges may apply. We will not knowingly breach environmental law, and clients must not ask us to dispose of materials in a way that would be unlawful or unsafe.
12. Tree Preservation Orders, Conservation Areas, and Permissions
You are responsible for telling us whether any tree is subject to a Tree Preservation Order, located in a conservation area, or otherwise protected by law. Where consent, notice, or approval is needed, you must ensure that the necessary permissions are obtained before work begins unless we have expressly agreed in writing to assist with that process. If legal restrictions prevent us from carrying out the requested work, we may cancel or adjust the scope without liability for any resulting delay or loss. We may also refuse to proceed if doing so would risk a breach of planning or environmental obligations. For all tree surgery services, legal compliance is a shared responsibility, and clients should never assume that permission has already been granted.
13. Changes to the Work
If, during the course of the job, you ask us to alter the agreed specification, we may revise the price and completion time accordingly. Likewise, if we discover that additional work is necessary to complete the task safely or to meet the original objective, we will seek approval before proceeding where reasonably practicable. In some cases, emergency action may be required to remove an immediate danger. If so, we may take necessary steps to protect life or property and charge fairly for the extra work carried out. Any change agreed verbally should ideally be confirmed in writing so that both parties have a clear record.
14. Complaints and Rectification
If you believe the service has not been carried out properly, you should notify us within a reasonable time after completion and provide a clear explanation of the concern. We may request photographs, access for inspection, or other relevant information. If we determine that rectification is appropriate, we will arrange a suitable remedy within a reasonable period. This may include re-attending the site, carrying out supplementary work, or offering another fair solution. Complaints relating to natural regrowth, seasonal appearance, or matters that were clearly explained before work commenced may not amount to a service failure. We aim to resolve genuine issues professionally and without unnecessary delay.
15. Termination of Services
We may terminate or suspend services immediately if you fail to make payment, fail to provide access, request unlawful work, act abusively toward staff, or create an unsafe working environment. You may also end the agreement before work starts, subject to any cancellation charges or costs already incurred. If work has already begun, you may remain liable for the reasonable value of services performed up to the date of termination. Tree surgeons in Earlscourt reserve the right to decline future work where there has been serious breach of these terms or repeated failure to cooperate with safety requirements.
16. Force Majeure
We are not liable for delays or failure to perform our obligations due to events beyond our reasonable control. This includes severe weather, floods, storms, acts of God, fire, industrial disputes, power failures, civil disruption, supply issues, illness, or equipment breakdown. In such circumstances, we will make reasonable efforts to rearrange the work or resume services as soon as practical. Any affected deadlines will be extended for the period of the delay. If the event continues for a prolonged period, either party may discuss a fair and practical resolution.
17. Data Protection
We may hold personal data such as your name, address, contact details, job history, payment records, and site notes for the purpose of providing services, issuing invoices, meeting legal obligations, and maintaining business records. We will handle personal data in accordance with applicable UK data protection law, including the UK GDPR and Data Protection Act 2018. Information will not be sold to third parties. It may be shared only where necessary for operational reasons, legal compliance, insurance, accounting, or debt recovery. By engaging our services, you consent to the reasonable use of your information for these purposes.
18. 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 law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction, except where mandatory law provides otherwise. If any part of these terms is found to be unlawful, invalid, or unenforceable, the remaining provisions shall continue in full force. No waiver of any breach shall be deemed a waiver of any later breach. These terms form the entire agreement between the parties regarding the services supplied, unless varied in writing and agreed by both parties.
19. General Provisions
Any failure by us to enforce a right or remedy does not mean that right or remedy has been waived. Headings are included for convenience only and do not affect interpretation. References to “we”, “us”, and “our” mean the service provider trading as Tree Surgeons Earlscourt, while “you” means the client or person instructing the work. These terms are intended to be read alongside any quotation, invoice, or written job specification. In the event of inconsistency, the order of priority will usually be the written quotation, then these Terms and Conditions, unless otherwise stated.
20. Acceptance of Terms
By requesting a quotation, confirming a booking, paying a deposit, or allowing work to commence, you confirm that you have read, understood, and accepted these terms. If you are booking on behalf of another person or organisation, you warrant that you are authorised to do so. These Terms and Conditions may be updated from time to time to reflect legal, operational, or commercial changes. The version in force at the time of your booking will apply unless a later version has been expressly agreed. Tree surgeons Earlscourt aim to provide clear, lawful, and professional services under a straightforward contractual framework.