Terms and Conditions for Tree Surgeons Upminster

These terms and conditions set out the basis on which tree surgery, arboricultural, and related outdoor maintenance services are provided by Tree Surgeons Upminster (referred to in this document as “we”, “us”, or “our”). By requesting a quotation, making a booking, or allowing work to proceed, the customer (“you” or “the client”) agrees to these terms. They are intended to create a clear, fair, and professional framework for the supply of services, payment, access, safety, and the handling of waste arising from works. These terms apply to domestic, commercial, and other non-domestic clients unless a separate written agreement states otherwise.

We aim to carry out all services with reasonable care and skill, in accordance with relevant UK legislation, accepted arboricultural practice, and the information available at the time of the quotation or booking. However, tree work often involves natural variation, hidden defects, changing weather conditions, and site-specific risks. For that reason, the scope of work may need to be adjusted if conditions differ materially from what was initially assessed. Any changes will be discussed with you where reasonably practicable before work continues.

These terms should be read alongside any quotation, estimate, work schedule, or written confirmation issued by us. If there is any inconsistency between this document and a signed written contract, the signed contract will prevail to the extent of the inconsistency. Nothing in these terms affects your statutory rights where applicable.

1. Booking Process and Acceptance

Bookings are generally made after an enquiry, site assessment, or exchange of information about the requested work. A quotation may be based on a site visit, photographs, measurements, or details provided by you. Where the scope can be assessed remotely, we may provide an estimate subject to inspection on arrival. A booking is only confirmed when we have accepted the order and, where required, received any deposit or written confirmation requested by us.

It is your responsibility to ensure that all relevant information provided to us is accurate and complete. This includes, where applicable, the location and condition of trees, access restrictions, overhead lines, underground services, boundary issues, protected species concerns, tree preservation orders, conservation area status, and any other matters that could affect the safe delivery of the work. If information is inaccurate or incomplete, we may revise the quotation, adjust the timetable, suspend work, or decline to proceed.

We reserve the right to refuse, reschedule, or cancel a booking if we consider that the site is unsafe, access is inadequate, weather conditions are unsuitable, equipment cannot be used safely, or legal permissions are required but not in place. Where the customer is arranging permissions, consents, or third-party access, those matters must be completed before the agreed start date unless otherwise agreed in writing.

2. Quotations, Pricing, and Payments

Prices may be provided as fixed quotations or estimates. A fixed quotation remains valid for the period stated in the document, provided the scope of work does not change and no unforeseen issues arise. If no validity period is stated, the quotation should be treated as open for a reasonable time only. Estimates are indicative and may change where the actual conditions differ from the information supplied. Additional charges may apply for extra labour, specialist equipment, traffic management, disposal requirements, or unforeseen complications.

Unless otherwise stated, prices are quoted in pounds sterling and may be subject to VAT where applicable. Payment terms will be shown on the invoice or quotation. In most cases, payment is due immediately upon completion of the work, although deposits, staged payments, or advance payment may be required for larger or higher-risk jobs. We may suspend work or withhold future bookings if an account remains overdue.

Late payments may result in a reasonable administration charge and, where permitted by law and stated in the invoice, interest on overdue sums. You must pay the full amount shown on the invoice without deduction or set-off unless we have agreed otherwise in writing or a court has ordered otherwise. If a third party, insurer, managing agent, or other payer is expected to cover the cost, you remain responsible for payment unless we have explicitly agreed to look solely to that third party.

3. Changes to Work and Site Conditions

Tree surgery work is often affected by conditions that cannot be fully assessed until access is gained or the work begins. If we discover hidden defects, decay, storm damage, nesting activity, unstable structures, concealed services, or other issues that affect the original plan, we may need to alter the method or scope of the works. We will act reasonably and, where practical, discuss the implications with you before proceeding with a revised approach.

Any instruction from you to vary the original specification should be confirmed in writing where possible. Additional work requested on site may result in an amended price. Similarly, if we are required to carry out extra work for health and safety or compliance reasons, the price may need to be adjusted. If you decline a necessary change and we consider it unsafe or unlawful to continue as originally planned, we may stop the work and charge for the work already completed and any unavoidable costs incurred.

We may also postpone or reschedule work due to severe weather, operational constraints, staff illness, equipment failure, or any circumstance beyond our reasonable control. We will use reasonable efforts to offer an alternative date, but we are not liable for delays caused by events outside our control. This includes, without limitation, storms, flooding, snow, traffic disruption, acts of vandalism, industrial action, or sudden restrictions imposed by authorities.

4. Cancellations, Postponements, and Right to Terminate

You may cancel or postpone a booking by giving us notice as soon as reasonably possible. Where a cancellation is made after we have allocated labour, machinery, disposal arrangements, or specialist subcontractors, we may charge a reasonable cancellation fee to cover our losses. The amount charged will reflect the timing of the cancellation and the costs already incurred. Any deposit paid may be retained in whole or in part against those costs, subject always to applicable consumer law.

If you are a consumer and have entered into a contract away from our business premises or by means of distance communication, you may have rights under the Consumer Contracts Regulations 2013, including a cooling-off period in certain circumstances. However, if you expressly ask us to start work within that period, you may lose the right to cancel once the service has been fully performed, and you may owe a proportionate amount for work already supplied. We will explain any relevant rights where applicable.

We may terminate or suspend the agreement if you fail to make payment, provide unsafe or misleading information, prevent access to the site, instruct us to act unlawfully, or behave in a threatening or abusive manner. We may also stop work if continuing would breach our health and safety duties, any relevant law, or the conditions of a permit or consent. In such circumstances, you will remain responsible for payment for work completed and costs properly incurred up to the point of termination.

5. Liability and Insurance

We will carry out services with reasonable care and skill and take appropriate precautions to reduce the risk of damage, injury, or loss. However, tree surgery involves inherent risks, including falling branches, stump movement, woodchip spread, ground disturbance, and potential impact on nearby structures, fences, gardens, surfaces, and underground features. You accept that some minor disturbance is a normal consequence of professional tree work, especially where large trees or restricted access are involved.

We are not responsible for pre-existing defects, hidden weaknesses, or damage arising from conditions that could not reasonably have been identified before work began. We are also not liable for delays, losses, or additional costs caused by incorrect information, third-party interference, adverse weather, or the failure of utilities, services, or structures not under our control. Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot legally be excluded under UK law.

Where we are legally liable for damage to property caused by our negligence, our liability will be limited to the reasonable cost of repair or replacement, taking into account depreciation, wear and tear, and the actual loss suffered. We do not accept liability for indirect or consequential losses such as loss of profit, loss of use, loss of enjoyment, or business interruption unless such liability cannot be excluded by law. We recommend that you maintain appropriate insurance for your own property and, where relevant, take steps to protect valuable items and fragile surfaces before work begins.

6. Access, Safety, and Customer Responsibilities

You must provide safe, clear, and lawful access to the site on the agreed date and time. This includes ensuring that gates, driveways, routes, and working areas are free from unnecessary obstruction and that parked vehicles, animals, and vulnerable items are managed appropriately. If access is delayed or restricted, we may need to amend the schedule or charge for wasted attendance time where reasonable.

You are responsible for telling us about any known hazards, including concealed drains, septic systems, cables, fragile structures, asbestos, contaminated ground, aggressive animals, or any other factor that may affect safe work. Where required, you must arrange for third-party permissions, neighbour agreements, highway permits, or landowner consent before the work starts. If consent is not obtained, we may not be able to proceed.

We may ask you to keep people away from the work area while operations are under way. You agree not to enter areas marked as unsafe or interfere with equipment, vehicles, ropes, climbing systems, or waste materials. Any person present at the site who is not one of our workers must follow reasonable safety instructions and remain clear of danger zones.

7. Waste Handling and Environmental Regulations

All arisings from tree surgery, including branches, stem wood, chips, leaves, brash, and stump material, are subject to waste handling requirements under applicable UK environmental legislation. Unless otherwise agreed, we will remove or process waste generated by the agreed works and dispose of it in a lawful and responsible manner. Where material is left on site, it becomes your responsibility from the point of handover, and you must ensure that any onward use, storage, transport, or disposal complies with the law.

We will generally manage waste in line with the Environmental Protection Act 1990, waste duty of care obligations, and any other applicable regulations. Waste may be reused, recycled, mulched, composted, or taken to authorised facilities where appropriate. We may segregate material for reuse or recycling if that is operationally reasonable. If you request that material be left, stacked, cut to specific lengths, or handled in a particular way, this may affect the price and must be agreed in advance.

If waste is contaminated, diseased, invasive, or otherwise requires special handling, additional charges may apply. This includes, for example, material affected by pests, pathogens, or suspected biosecurity issues. We may refuse to move or process material that cannot be managed lawfully or safely. You agree not to direct us to dispose of waste unlawfully, fly-tip, burn material where prohibited, or otherwise breach environmental law.

8. Complaints, Defects, and Aftercare

If you believe there is a problem with the service provided, you should notify us within a reasonable time after completion. Please provide sufficient detail so that we can investigate the matter fairly. We may ask to inspect the work, review photographs, or discuss the issue on site. Where a legitimate defect is identified, we will decide, at our discretion and in line with legal obligations, whether to remedy the issue, re-perform the relevant part of the work, or offer another appropriate resolution.

Natural processes may continue after the work has been completed. For example, pruning cuts may dry, trees may respond biologically over time, and weather may alter the appearance or stability of retained material. We do not guarantee future growth, flowering, fruiting, or the long-term condition of a tree unless a specific written guarantee has been given. Any advice provided about aftercare is based on information available at the time and is not a substitute for ongoing professional inspection where concerns remain.

We may retain photographs, notes, and site records for our internal records, insurance, and legal compliance. These records may be used to evidence the work carried out, the condition of the site, and any variations agreed during the job. We will handle personal data in accordance with applicable data protection law and our privacy obligations.

9. Governing Law and General Provisions

These terms and conditions, and any dispute or claim arising from them or in connection with them, are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction over any dispute, subject to any mandatory consumer rights that apply otherwise. If any provision of these terms is found to be invalid, unlawful, or unenforceable, the remainder will continue in full force and effect.

Failure by us to enforce any right or provision under these terms shall not constitute a waiver of that right or provision. No person other than the parties to the contract shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any part of these terms unless expressly stated otherwise. These terms are intended to be interpreted in a manner that is fair, lawful, and consistent with UK service standards for arboricultural work.

By confirming a booking with Tree Surgeons Upminster, you acknowledge that you have read, understood, and agreed to these terms. If you do not agree with any part of them, you should inform us before work begins so that the matter can be discussed and, if necessary, the booking amended or withdrawn. Nothing in these terms is intended to remove rights that cannot lawfully be excluded.