Tree Surgeons Westham Terms and Conditions

These Terms and Conditions set out the basis on which Tree Surgeons Westham provides tree surgery and related arboricultural services to domestic and commercial customers. By making a booking, accepting a quotation, or allowing work to begin, the customer agrees to these terms. They are intended to create a clear understanding of how our tree surgeon services are arranged, delivered, invoiced, and completed.

For the purposes of these terms, references to “we”, “us”, and “our” mean the service provider trading as Tree Surgeons Westham, and references to “you” or “the customer” mean the person, business, or organisation requesting the work. These terms apply to all quotations, bookings, and service appointments unless otherwise agreed in writing. No variation will be binding unless confirmed by both parties.

Our services may include tree pruning, crown reduction, crown thinning, crown lifting, sectional dismantling, stump grinding, hedge work, site clearance, and other arboricultural or grounds-related tasks agreed in advance. The exact scope of work will be described in the quotation or work order. Any item not expressly included should be treated as excluded unless separately agreed.

1. Booking Process

All bookings are subject to availability, inspection where required, and acceptance of the quotation. A quotation may be provided following an in-person visit, photographic assessment, or other suitable information supplied by the customer. Where a site visit is necessary, the customer must ensure safe and reasonable access for assessment. Quotes are normally based on the information available at the time and may change if the site conditions differ from those described.

A booking is only confirmed once the customer has accepted the quotation, confirmed the desired dates or timing, and, where requested, paid any deposit or booking fee. Acceptance may be given in writing, by email, by message, or by any other clear instruction to proceed. By accepting the booking, you confirm that you are authorised to instruct the work and that you have the right to permit access to the property or land.

If any tree work requires permission, consent, or approval from a property owner, managing agent, landlord, local authority, or third party, it is the customer’s responsibility to ensure these have been obtained before the work begins. We may ask for evidence of permission or consent where appropriate. If work is delayed or cancelled because permission has not been obtained, cancellation charges may still apply.

2. Prices and Payment

All prices are quoted in pounds sterling and may be stated as fixed fees, day rates, hourly rates, or itemised costs depending on the nature of the work. Unless expressly stated otherwise, quotations are valid for a limited period and may be withdrawn or revised after that period. Prices may also change if the scope of work changes, additional hazards are discovered, or the customer requests extra tasks during attendance.

Unless otherwise agreed, payment is due upon completion of the work on the same day by bank transfer, card payment, cash, or another approved method. For larger jobs, staged payments, part payments, or a deposit may be requested in advance. Any deposit paid will be treated as part payment for the booked service unless the customer cancels in circumstances where a cancellation charge is payable.

Where payment is not made on time, we reserve the right to charge interest on overdue sums at the statutory rate permitted under the Late Payment of Commercial Debts legislation, or such other rate as may lawfully apply. We may also recover reasonable debt recovery costs and suspend further work until all outstanding sums are settled. Title to any materials supplied, where applicable, does not pass until full payment has been received.

3. Cancellations, Delays, and Rescheduling

Cancellations or requests to reschedule should be made as soon as possible. Because tree surgery work often involves scheduling labour, machinery, waste transport, and weather-dependent planning, late cancellation may result in a charge. If you cancel within a short period before the agreed appointment, or if we attend site and are unable to proceed due to matters within your control, we may invoice for reasonable costs already incurred, including labour, fuel, and disposal preparation.

We may need to postpone or rearrange work because of unsuitable weather, unsafe site conditions, equipment failure, staff illness, access problems, or other circumstances beyond our reasonable control. In such cases, we will try to offer an alternative date. We will not be liable for loss or inconvenience caused by rescheduling where the reason is outside our control, provided we act reasonably and communicate any change as soon as practicable.

Where the customer requests changes to the agreed schedule, scope, or method of work, we may revise the quotation, completion time, or both. If a revised price is not accepted, we may treat the original booking as cancelled. Any decision to proceed after variation will be based on the updated terms agreed at that time.

4. Customer Responsibilities

The customer must provide safe access to the work area and ensure that the site is clear of unnecessary obstacles, locked gates, concealed hazards, aggressive animals, and other conditions that could affect the safe delivery of the service. You must inform us in advance of any underground services, overhead lines, buried structures, unstable ground, protected wildlife, or other known risks. If such matters are not disclosed and they affect the work, we may charge additional costs and/or stop work until the issue is resolved.

The customer is responsible for removing or securing items that could be damaged by falling branches, debris, machinery, or waste movement, including garden ornaments, vehicles, delicate planting, and outdoor furniture. Where requested, we may assist with reasonable preparation, but this is not included unless stated in the quotation. You should also ensure that children, visitors, and pets remain away from the work area during operations.

It is the customer’s responsibility to obtain all necessary consents where trees are subject to preservation orders, conservation restrictions, lease conditions, planning requirements, or other legal controls. Unless we have expressly agreed to handle applications in writing, we are not responsible for making those applications. If work cannot lawfully proceed because the necessary permission has not been secured, the booking may be cancelled and charges may apply.

5. Service Performance and Variations

We will use reasonable skill and care in delivering tree surgery services in accordance with the agreed scope, relevant industry practice, and applicable legal requirements. However, tree work is inherently variable, and outcomes can differ depending on the condition, structure, age, and health of the tree. Any advice given is based on visible inspection only unless a more detailed survey has been agreed separately.

If, during the work, we discover that the tree is more hazardous, diseased, decayed, or structurally compromised than first understood, we may recommend a change in method. This may include additional dismantling, bracing considerations, or a partial rather than complete treatment approach. Additional work requested or required beyond the original quotation will be charged extra, and we will seek approval before proceeding whenever reasonably practicable.

We do not guarantee the future health, regrowth pattern, fruiting, stability, or appearance of any tree or vegetation after pruning, reduction, or related treatment. Natural biological processes, disease progression, weather events, and prior historic management can all affect outcomes. Where a customer asks us to leave a tree in a particular form or height, the customer accepts the normal horticultural limitations of that request.

6. Liability and Limitations

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 UK law. Subject to that, we shall not be liable for indirect, special, or consequential losses, including loss of profit, loss of business, loss of enjoyment, or loss of anticipated savings.

Where property damage occurs as a direct result of our negligence, our liability will be limited to the reasonable cost of repair or replacement, taking account of fair wear and tear and the age and condition of the item affected. We will not be responsible for damage caused by pre-existing defects, hidden weaknesses, unstable structures, or circumstances where the customer has failed to disclose relevant information.

We are not liable for delays or failure to perform where caused by events outside our reasonable control, including severe weather, accidents, transport disruption, fire, flood, industrial disputes, equipment breakdown, shortage of materials, or legal restrictions. We may suspend performance while such events continue and will resume work when reasonably possible.

7. Waste Removal and Environmental Compliance

Tree surgery and related works often generate branches, trunks, brushwood, soil, stump arisings, and other green waste. Unless otherwise agreed, waste removal and disposal arrangements will be explained in the quotation. Where waste is to be removed by us, we will handle it in a lawful and environmentally responsible manner, using appropriate facilities and following applicable waste management obligations.

The customer acknowledges that waste produced during the service may be mixed, bulky, or heavy, and that additional charges may apply where waste volumes exceed the original estimate or where access makes removal more difficult. If the customer wishes to retain any timber, logs, woodchips, or arisings, this must be agreed before work starts. Once waste has been collected for disposal, it becomes our responsibility unless otherwise stated.

We will act in accordance with relevant waste regulations and environmental duties, including those concerning duty of care, transport, transfer, and disposal. The customer must not ask us to dispose of waste unlawfully or in a way that breaches environmental rules. If a customer requests a different disposal method, it must still be compliant with all applicable legal requirements.

8. Insurance, Risk, and Access Equipment

We maintain insurance cover appropriate to the services we provide, but the customer remains responsible for maintaining their own property insurance and for checking that any required cover is in place where work is being undertaken on their land or building. Risk transfers in relation to the work area at the point when the customer has been informed that operations are underway and should keep clear unless invited otherwise.

Where ladders, climbing systems, lifting equipment, chippers, stump grinders, or other machinery are used, the customer agrees not to interfere with their operation. Only trained personnel may use or move our equipment unless we expressly authorise assistance. Any attempt by a customer or third party to direct, operate, or modify equipment may void responsibility for resulting issues.

If access equipment, temporary barriers, or protective measures are required, we will use reasonable methods suited to the work. However, the customer accepts that some impact on lawns, drives, access routes, or soft ground may occur, especially in wet weather or where heavy machinery is required. Reasonable care will be taken, but complete avoidance of minor disturbance cannot always be guaranteed.

9. Complaints and Rectification

If you have a concern about the service, you should notify us within a reasonable time after completion so that we have the opportunity to inspect the issue and, where appropriate, consider a remedy. We may request photographs, a description of the concern, or a site visit before deciding on the next steps. We will act reasonably and in good faith when reviewing any genuine complaint.

If a service has not been carried out in accordance with the agreed specification, and the issue is directly attributable to our failure, we may at our option return to site to correct the matter, offer a partial refund, or agree another fair resolution. This will be the customer’s sole remedy unless otherwise required by law. No complaint will entitle the customer to withhold payment for work properly completed.

Any claim relating to visible defects, incomplete work, or obvious damage should be raised promptly. Delays in reporting an issue may affect our ability to assess the matter, and may also affect the availability of a remedy. Nothing in this section limits rights that cannot be excluded under consumer law.

10. 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 parties agree that the courts of England and Wales shall have exclusive jurisdiction, except where mandatory consumer rights provide otherwise.

If any provision of these terms is found to be unlawful, invalid, or unenforceable, that provision shall be treated as severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect. A failure by us to enforce any right at any time does not mean that we have waived that right.

These Terms and Conditions represent the complete agreement between the parties in relation to the services described, except where we have expressly agreed otherwise in writing. They are intended to apply fairly to both the customer and Tree Surgeons Westham, balancing clarity, safety, legal compliance, and the practical realities of arboricultural work.