Terms and Conditions for Tree Surgeons Penge

These Terms and Conditions set out the basis on which Tree Surgeons Penge provides arboricultural and related property services to residential and commercial customers. 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 create a clear understanding of the booking process, payments, cancellations, responsibilities, waste handling, and the limits of liability that apply to each instruction. For the purposes of these terms, references to “we”, “us”, and “our” mean the tree surgery service provider, and references to “you” and “your” mean the customer, client, or person instructing the work.

These terms apply to all services supplied by Tree Surgeons Penge, including but not limited to pruning, crown reduction, crown lifting, tree felling, stump grinding, hedge maintenance, emergency tree works, site clearance, and associated waste removal. They form part of the agreement between the parties and should be read together with any written quotation, estimate, work schedule, or job confirmation issued in relation to the service. If there is any conflict between these terms and a written agreement expressly signed or approved by both parties, the written agreement will prevail to the extent of that conflict.

No provision in these terms is intended to limit any statutory rights that cannot be excluded under UK law. If any clause is found to be invalid, unlawful, or unenforceable, the remaining clauses will continue in full force and effect. These terms are designed for general service administration and legal clarity, and they do not create a guarantee of any specific outcome where the condition of a tree, the weather, third-party approvals, hidden defects, or site restrictions may affect the work.

Booking Process

Bookings are normally made following an initial enquiry and, where appropriate, a site visit or remote assessment. We may request photographs, access details, tree dimensions, location information, and any relevant concerns such as subsidence, disease, overhanging branches, or safety risks. A quotation or estimate may be provided on the basis of the information supplied by you. If the site conditions differ from those described, we may revise the price, scope, or timing of the work before proceeding.

For the avoidance of doubt, a booking is only confirmed when we expressly accept the instruction, either in writing, by email, by message, or by other clear communication. Tree Surgeons Penge may decline a booking if the work is unsafe, outside our capability, requires permissions that have not been obtained, or cannot be completed within a reasonable timeframe. Any proposed date or time is an estimate only and may be changed due to weather, traffic, access issues, equipment failure, staff availability, or circumstances beyond our control. In the event that a scheduled visit cannot proceed, we will seek to rearrange the work within a reasonable period.

It is your responsibility to ensure that all necessary permissions, consents, and notices are in place before the work begins. This may include landlord approval, neighbour consent where required, planning consent, tree preservation consent, conservation area authorisation, or any other permission needed for the location and the type of tree surgery requested. Unless we have expressly agreed in writing to handle permissions on your behalf, you remain responsible for confirming that the work may lawfully proceed.

Pricing and Payments

All prices are normally stated in pounds sterling and may be quoted inclusive or exclusive of VAT, depending on the structure of the business and the wording of the quotation. Where VAT is applicable, it will be added at the relevant rate. Quoted prices are based on the information available at the time of issue and assume that access, tree condition, waste volume, and working conditions are consistent with what has been described or inspected. If additional labour, specialist equipment, traffic management, permits, or disposal arrangements are required because the actual conditions differ, the price may be adjusted accordingly.

Unless otherwise stated, payment is due on completion of the work or within the period specified on the invoice. We may require a deposit, part payment in advance, or staged payments for larger or emergency works, especially where materials, disposal charges, or booking commitments must be secured in advance. Tree Surgeons Penge may also request payment before waste is removed from site or before the final snagging items are completed if the circumstances make this commercially necessary and such arrangement has been agreed.

Accepted payment methods may include bank transfer, card payment, or other methods communicated at the time of booking. Cash may be accepted only where agreed in advance. If payment is not made by the due date, we reserve the right to charge reasonable administrative costs, suspend further work, and recover the debt through lawful means. You may also be liable for interest and any recovery costs permitted by law under the applicable payment terms. The customer is responsible for ensuring that funds are available and that the payer details are correct. Any dispute over an invoice must be raised promptly and in writing, with clear reasons and supporting information.

Cancellations, Rescheduling, and Access

You may cancel or reschedule a booking by giving reasonable notice. If cancellation occurs after the booking has been accepted and we have already allocated labour, equipment, or disposal arrangements, we may charge a cancellation fee that reflects our direct losses and wasted costs. This may include the cost of any hired plant, staff time, fuel, permit expenses, or administrative work already incurred. For work scheduled at short notice or work requiring specific machinery, a greater proportion of the quoted amount may become payable if the slot cannot reasonably be reallocated.

We may cancel or postpone a booking where conditions make it unsafe or impractical to continue. Such conditions include severe weather, high winds, lightning, flooding, icing, unstable trees, wildlife constraints, blocked access, suspected utility conflicts, or the presence of unforeseen hazards. If we cancel for a reason within our control, we will use reasonable efforts to rearrange the work. If the cancellation is caused by events beyond our control, we will not be responsible for consequential losses, and any refund or rebooking arrangement will depend on the circumstances and any sums already spent on your behalf.

It is your duty to ensure that the site is accessible on the agreed day and that we can safely reach the work area with the necessary vehicles, machinery, and personnel. Any locked gates, parked vehicles, incomplete parking suspensions, aggressive animals, obstructing items, or missing access arrangements may prevent work from proceeding. If we arrive and cannot complete the job because access is unavailable or unsafe, a call-out charge, waiting time charge, or rebooking fee may apply. You should also inform us in advance of hidden hazards such as underground services, fragile surfaces, contaminated land, concealed structures, or any other condition that may affect the job.

Work Standards and Customer Responsibilities

We will carry out tree surgery with reasonable skill, care, and attention, using suitably trained personnel and equipment appropriate to the nature of the task. However, tree work involves living organisms, variable structural conditions, and environmental factors that can limit predictability. Unless specifically guaranteed in writing, we do not warrant that a tree will survive, remain stable, or respond in a particular way after pruning, reduction, surgery, or felling-related operations. Natural after-effects such as regrowth, seasonal movement, or stress responses may occur even when the work has been done properly.

You must provide accurate information about the trees, site, and any previous work carried out. If you ask us to leave timber, chip, brash, stump material, or other arisings on site, you accept responsibility for their storage and any future handling unless we agree otherwise. You should also remove or protect items that may be damaged by vehicle movement, falling branches, sawdust, woodchip, or access equipment. Where garden features, paving, drains, fences, sheds, or other structures are close to the work area, we will take reasonable care, but you remain responsible for pointing out items of concern before work begins.

Any advice we provide about tree condition, maintenance priorities, or likely outcomes is given in good faith but is based on the information available at the time. Unless we expressly agree in writing to provide a formal survey or diagnostic report, any observations should not be treated as a definitive expert assessment for legal, insurance, mortgage, or planning purposes. Customers requiring specialist reports should request them separately.

Where the work involves neighbouring property, shared boundaries, or overhanging branches, you are responsible for ensuring that you have the lawful right to instruct the work. We may rely on your representation that the instruction is authorised. If a dispute arises after the booking has been made, we may suspend the work until consent or legal entitlement is clarified.

Waste Regulations and Site Clearance

Tree Surgeons Penge handles green waste, timber, stump arisings, woodchip, leaves, and related organic material in accordance with applicable waste regulations and environmental standards. Where waste is removed from site, it will be transported, stored, recycled, recovered, composted, or otherwise disposed of through lawful channels. We may use licensed carriers, transfer stations, green waste facilities, or approved recycling routes, depending on operational needs and material type.

Unless otherwise agreed, the quotation will specify whether waste removal is included. If waste remains on site by agreement, it becomes your responsibility once the work is complete and accepted. You must ensure it is stored safely and in compliance with relevant rules. We are not responsible for future decay, staining, infestation, obstruction, or movement of waste left on site at your request. If the waste includes material that requires special handling, for example contaminated timber, diseased material, or items mixed with non-organic debris, additional charges may apply to cover compliance and disposal requirements.

We may segregate recyclable material from non-recyclable material where practical and economically reasonable. You acknowledge that some timber may be unsuitable for reuse or may be processed into woodchip or biomass as part of our standard waste management procedures. If any material is designated for retention by you, it must be clearly identified before the work begins. After completion, we will not be obliged to retrieve or sort materials that have already been loaded for disposal, except where required by law or specifically agreed in advance.

Liability

We will not be liable for loss or damage arising from inaccurate information supplied by you, hidden defects, pre-existing conditions, or events outside our reasonable control. This includes damage resulting from structural weakness, deadwood, root decay, unstable trees, concealed decay pockets, underground services not clearly marked, or the movement of objects not visible from a reasonable inspection. We are also not responsible for indirect or consequential losses such as loss of business, loss of enjoyment, loss of profit, or inconvenience, except where such exclusion is not permitted by law.

Our total liability in connection with any claim shall, to the fullest extent permitted by law, be limited to the amount paid or payable for the particular service giving rise to the claim, unless a higher limit is required by law. 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. If damage occurs and is alleged to be caused by our negligence, you must notify us promptly and provide reasonable access to inspect the issue before any repair or rectification is undertaken by a third party, unless urgent action is needed to prevent further loss.

We are not liable for delays caused by weather, road conditions, supply shortages, equipment failure, illness, acts of nature, utility outages, or other events beyond our reasonable control. Where such events occur, our obligations may be suspended for the duration of the event. If a force majeure event makes performance impossible or excessively difficult, we may cancel or reschedule the work without liability for indirect losses. This includes circumstances where authorities restrict access, where emergencies require operational priorities, or where environmental conditions make safe tree work unsuitable.

Any claim relating to the service should be made as soon as reasonably possible after the issue arises and, in any event, within a reasonable time. Failure to raise concerns promptly may affect our ability to investigate and resolve the matter fairly. If we agree to carry out remedial work, that remedy may be offered in place of or in addition to a partial refund, depending on the facts and the applicable law.

Health, Safety, and Property Protection

Tree surgery can involve chainsaws, wood chippers, climbing operations, elevated access equipment, heavy timber, and falling debris. You must keep unauthorised persons away from the work area and follow any safety instructions given by our team. Children, pets, visitors, and untrained persons must be supervised and kept at a safe distance. We may stop work if we believe the site is unsafe, if the exclusion zone is not respected, or if conditions change during the job.

You agree not to interfere with tools, equipment, ropes, vehicles, or machine controls. Where our team requires an exclusion zone, you must assist by keeping the area clear. We may place cones, barriers, signs, or other safety controls as needed. If you request that work continue in circumstances where our team believes the risk is unacceptable, we reserve the right to refuse or suspend the task. Safety judgments made by our operatives are final for the duration of the visit.

Tree Surgeons Penge will take reasonable precautions to protect lawns, paths, boundaries, and nearby structures, but heavy arboricultural work may leave temporary marks, rutting, sawdust, or minor surface disturbance. You accept that some disturbance is often unavoidable. We are not liable for minor cosmetic impacts that are inherent to the nature of the work, provided reasonable care has been exercised. Any requested protective measures must be agreed before work starts and may affect price or duration.

Nothing in these terms requires us to continue operating in conditions that we consider unsafe or unlawful. If the work is stopped for safety reasons, you may still be responsible for payment for completed work, time on site, and non-recoverable costs already incurred.

Force Majeure, Complaints, and General Provisions

We are not liable for failure or delay caused by events outside our reasonable control, including extreme weather, fire, flood, strikes, civil disorder, equipment shortages, regulatory intervention, utility failures, pandemics, or acts of third parties. If such an event affects performance, we may extend the time for completion or cancel the affected booking. Where cancellation is necessary and payment has already been made for work not performed, any refund will be limited to sums not reasonably spent or committed in connection with the booking.

If you have a complaint, you should notify us promptly so that we can investigate and attempt to resolve it fairly. We may ask for photographs, written details, access to the site, and any supporting documents that help identify the issue. Any informal resolution agreed between the parties will not amount to an admission of liability unless expressly stated. No failure or delay by us in enforcing any right under these terms will operate as a waiver of that right.

If any term is found to be unenforceable, the remaining terms shall continue to apply. We may update these terms from time to time, and the version in force at the time of booking will apply to that booking unless a later written variation is agreed. These terms, together with any quotation accepted by you, represent the entire agreement between the parties in relation to the relevant services, subject always to mandatory legal requirements.

Governing Law

These terms and any dispute or claim arising out of or in connection with them, including non-contractual disputes or claims, 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 the law requires otherwise. By proceeding with a booking, you confirm that you have read, understood, and accepted these terms for the services provided by Tree Surgeons Penge.