Terms and Conditions for Tree Surgeons Fitzrovia
These Terms and Conditions govern the provision of tree surgery services, arboricultural work, and related maintenance services supplied by Tree Surgeons Fitzrovia to residential, commercial, and public-sector clients in the UK. By making a booking, accepting a quotation, or allowing work to begin, the customer agrees to be bound by these terms. They are intended to set out a clear understanding of the booking process, pricing, payment, cancellations, responsibilities on site, waste handling, liability, and the law that applies to the contract.
In these Terms, references to “we”, “us”, and “our” mean the service provider, and “you” or “the customer” means the person, business, landlord, managing agent, or other party instructing the works. The terms apply to all services associated with tree surgeons Fitzrovia and similar arboricultural work, including pruning, crown reduction, removal, stump grinding, hedge maintenance, emergency call-outs, and tree inspections where such services are agreed in writing.
These terms should be read alongside any quotation, invoice, work schedule, or written instruction supplied for the relevant job. If any specific written agreement differs from these Terms, the written agreement will apply only to the extent of that difference. Nothing in these Terms affects your statutory rights where they apply under UK consumer law.
1. Booking Process and Contract Formation
A booking may be made by telephone, email, online form, or other agreed method. A request for a quotation does not create a contract. A contract is formed only when we confirm the booking, issue a quotation that is accepted by you, or otherwise agree in writing to carry out the services. We may require photographs, access details, site notes, or a preliminary survey before confirming the work.
Any quotation is based on the information available at the time it is prepared. If the actual site conditions differ from the information provided, or if additional hazards, access constraints, protected trees, concealed defects, or extra waste are identified on arrival, we may revise the scope and price before proceeding. The customer is responsible for ensuring all details supplied are accurate and complete.
If permissions, consents, or notices are required for the work, the customer must obtain them before the agreed start date unless we have expressly agreed in writing to arrange them. This includes, where relevant, planning permissions, landlord approval, freeholder consent, neighbour access permissions, or local authority consent. We may postpone or cancel the booking if the necessary approvals are not in place.
2. Access, Site Conditions, and Customer Duties
You must ensure that safe and reasonable access is available on the agreed date and time. This includes access for operatives, tools, machinery, vehicles, and waste removal equipment. You must also make us aware of underground services, hidden structures, fragile surfaces, boundary disputes, nesting wildlife, poisonous plants, asbestos, or any other site-specific risks that could affect the safe performance of the work.
The customer must clear valuables, ornaments, cars, garden furniture, and other obstructions from the working area unless otherwise agreed. We may suspend or alter the work if conditions on arrival differ materially from what was described or if the site is unsafe. Any delay caused by inaccurate information, restricted access, or incomplete site preparation may result in additional charges.
The customer is responsible for ensuring that any tree to be worked on is correctly identified and that the scope of work is approved by the legal owner or an authorised representative. If a third party challenges the work after the booking is confirmed, the customer remains responsible for all costs incurred up to the point of cancellation or suspension, unless we are at fault.
3. Pricing, Payment, and Invoicing
Prices are usually provided as fixed quotations or estimates depending on the nature of the work. Unless otherwise stated, quotations are valid for a limited period and may be withdrawn or amended if market conditions change, if there is a significant delay before the job starts, or if the job specification changes. All prices are stated in pounds sterling and may be subject to VAT where applicable.
Payment terms will be specified in the quotation or invoice. Unless agreed otherwise in writing, payment is due in full upon completion of the work, or immediately upon receipt of the invoice. For larger or scheduled works, we may request a deposit, stage payments, or payment in advance for materials, equipment hire, or specialist disposal charges. Time is of the essence for payment unless we state otherwise.
We reserve the right to charge interest and reasonable recovery costs on overdue amounts in accordance with applicable UK law. If payment is not made on time, we may suspend any further work, refuse to return for completion of outstanding items, or place the debt in collections where lawful. You are not entitled to withhold payment for completed work unless we have agreed a genuine dispute in writing.
4. Cancellations, Rescheduling, and Delays
You may cancel or reschedule a booking by giving us reasonable notice. If cancellation occurs after we have reserved labour, machinery, or waste facilities, we may charge a cancellation fee to cover our costs and lost time. The level of any fee will depend on the notice given, the nature of the works, and whether specialist equipment or subcontractors were arranged.
If you cancel within a short period before the scheduled start date, or if we cannot access the site because of a failure by you to provide access or authorisation, the full call-out charge or a reasonable proportion of the agreed price may be payable. Where we need to reschedule due to weather, safety concerns, traffic disruption, equipment failure, or circumstances beyond our control, we will seek to arrange an alternative date as soon as reasonably practicable.
We will not be liable for delay or non-performance caused by events outside our reasonable control, including severe weather, accidents, strikes, supply shortages, fire, flooding, acts of God, or legal restrictions. If a delay makes the job unsafe or impractical, we may pause the work and return when conditions improve, subject to availability and any revised pricing agreed with you.
5. Performance of the Services
We will perform the services with reasonable skill and care and in accordance with applicable professional standards for arboricultural work. However, tree work often involves natural variation, concealed defects, unstable limbs, decay, root movement, and weather-related unpredictability. Because of this, outcomes can never be guaranteed in the same way as manufactured goods or purely cosmetic services.
Our operatives may reasonably adapt the method of work where needed to protect safety, property, tree health, or the surrounding environment. If the work requested would create an undue risk, contravene best practice, or breach applicable regulations, we may refuse to continue until the issue is resolved. Any additional work requested by you during the visit may be treated as a variation and charged accordingly.
Where a tree appears to present an immediate danger, we may need to take emergency action to make the area safe. In such situations, we will act in good faith and use reasonable judgement, but we are not responsible for pre-existing conditions or for losses arising from the underlying defect that made the tree hazardous in the first place.
6. Waste, Green Waste, and Environmental Regulations
All waste generated by the works, including timber, branches, leaves, woodchip, stumps, and general green waste, remains subject to UK waste management rules. Unless we agree otherwise in writing, removed material becomes our responsibility once it is loaded for disposal or recycling, provided that it consists only of waste arising from the agreed works and not of any contaminated or prohibited material supplied by the customer.
You must not ask us to remove hazardous substances, contaminated soil, asbestos, chemicals, or other regulated waste unless this has been specifically agreed and lawfully arranged in advance. If such materials are discovered during the works, we may stop the job and require a revised quotation or specialist handling. Any waste transfer, transportation, recycling, or disposal will be carried out in compliance with applicable environmental legislation and duty of care requirements.
Where woodchip, logs, or other by-products are offered to you for reuse, acceptance is at your own risk and subject to availability. We make no warranty as to their suitability for burning, landscaping, or any particular purpose unless expressly stated in writing. If you require proof of lawful disposal or transfer, we may provide reasonable documentation where available and appropriate.
7. Liability and Limitations
We will use reasonable care to avoid damage to property, but tree surgery involves inherent risks, particularly where heavy limbs, rope systems, machinery, or confined access are involved. We are not liable for loss or damage arising from pre-existing defects, hidden decay, unstable structures, underground services that were not disclosed, or site conditions that could not reasonably have been identified beforehand. You are responsible for ensuring that any vulnerable items are removed or protected unless we have agreed in writing to do so.
Our total liability for any claim arising out of or in connection with the services, whether in contract, tort, negligence, or otherwise, shall be limited to the amount paid or payable for the specific work giving rise to the claim, except where liability cannot lawfully be limited or excluded. We do not exclude liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded under UK law.
8. Complaints, Inspection, and Aftercare
If you believe that any part of the work has not been completed as agreed, you must notify us within a reasonable time after the service has been carried out. We may ask for photographs, a site inspection, or further details so that we can assess the issue. If any defect is found to result from our failure to exercise reasonable skill and care, we may choose to remedy it within a reasonable time rather than provide a monetary refund.
Tree work may have natural after-effects, including temporary leaf loss, minor scarring, or changes in shape and appearance. These do not necessarily indicate defective work. We are not responsible for the future health, stability, or regrowth of a tree unless a specific guarantee has been given in writing, and any such guarantee will be limited to the scope and duration stated in that written document.
Any maintenance recommendations, pruning suggestions, or risk observations made by us are based on the information visible at the time of inspection or completion. They are not a substitute for periodic inspections by a suitably qualified professional where ongoing monitoring is needed.
9. General Legal Provisions
We may assign or subcontract any part of the services where appropriate, provided this does not materially reduce the standard of service promised. You may not assign your rights under the contract without our written consent. If any part of these Terms is found to be unlawful or unenforceable, the remaining provisions will continue in full force and effect.
Failure by us to enforce any right or provision immediately does not mean that we waive that right. Any waiver must be in writing to be effective. These Terms, together with any accepted quotation or written variation, form the entire agreement between the parties in relation to the services and supersede prior discussions or understandings to the extent permitted by law.
The headings in these Terms are for convenience only and do not affect interpretation. References to singular include plural and vice versa where the context allows.
10. Governing Law
These Terms and Conditions, and any dispute or claim arising from them or in connection with them, shall be governed by and interpreted in accordance with the laws of England and Wales. Both parties agree that the courts of England and Wales shall have exclusive jurisdiction, except where mandatory consumer law provides otherwise.
This governing law clause applies regardless of where the customer is located within the UK, provided the services are supplied under these Terms. If any dispute cannot be resolved amicably, the parties should first attempt to resolve it through good-faith communication and, where appropriate, written correspondence before commencing formal proceedings.