Terms and Conditions for Tree Surgeons Morden
These Terms and Conditions set out the basis on which tree surgery services are provided by Tree Surgeons Morden and apply to all bookings, quotations, works and related services unless otherwise agreed in writing. By requesting a quotation, confirming a booking, allowing access to carry out work, or accepting an estimate, the customer agrees to be bound by these terms. These conditions are intended to create clarity around the service process, payment expectations, cancellation rights, liability, site conditions, waste handling, and legal matters. They should be read carefully before any work begins.
In these terms, references to “we”, “us”, or “our” mean the tree surgery service provider, and references to “you” or “the customer” mean the person, business, landlord, tenant, managing agent, or other party instructing the work. If you are acting on behalf of another person or organisation, you confirm that you have authority to agree to these terms on their behalf. These conditions apply whether the work is undertaken for domestic, commercial, private, or managed premises.
All services are provided in accordance with applicable UK law. While the business name may reference a local area, these terms are written as a general legal page and are not intended to rely on local custom, promotional wording, or specific neighbourhood arrangements. The contract is formed only when a quotation is accepted and the booking is confirmed, or when work is commenced at the customer’s request. Any special terms agreed in writing will take precedence over these standard terms to the extent of any inconsistency.
Booking Process and Acceptance of Work
Booking requests may be made after an initial enquiry and are subject to availability, site suitability, and agreement of the scope of works. We may request photographs, plans, or a site inspection before issuing a quotation. Any quotation provided is based on the information available at the time and may be revised if circumstances change, including access conditions, tree condition, hidden defects, protected species, root obstructions, or additional hazards not reasonably visible during the initial assessment.
Once a quotation is accepted, the customer must confirm the service requirement, proposed date or date range, access arrangements, and any special site conditions. Acceptance may be given in writing, by email, electronically, or verbally where followed by a written confirmation from us. A booking is only secured when we confirm it. We reserve the right to decline or reschedule a booking where weather, operational safety, staffing, equipment, legal restrictions, or third-party requirements make it impractical or unsafe to proceed.
Where access is needed to private land, shared driveways, common areas, or adjacent property, the customer is responsible for obtaining the necessary permission unless we have expressly agreed to arrange this. The customer must ensure that the site is accessible on the agreed date and that any relevant occupiers, tenants, neighbours, building managers, or gatekeepers are informed. If access is prevented or delayed, additional charges may apply for wasted travel time, call-out time, or reattendance.
Scope of Services
Our services may include tree pruning, crown reduction, crown thinning, deadwood removal, felling, stump management, hedge cutting, site clearance, and other arboricultural works as agreed in the quotation. Unless expressly stated, quotations do not include planning permissions, Tree Preservation Order consent, conservation area notices, traffic management, highway permits, utility isolations, or specialist ecological surveys. These matters remain the customer’s responsibility unless otherwise agreed in writing.
We will use reasonable skill and care when carrying out the agreed works. However, tree surgery involves natural materials, variable structural conditions, and environmental factors that may change during the operation. For that reason, the exact appearance of a tree or stump after completion cannot always be guaranteed in advance. The customer acknowledges that living trees may respond unpredictably to pruning or reduction and that a tree surgeon may need to adapt the method on site to maintain safety and achieve the agreed outcome.
Any measurements, target heights, or estimated clearances are approximate unless specifically stated as guaranteed. We are not responsible for outcomes caused by pre-existing disease, internal decay, concealed structural weakness, root disturbance, pest activity, or adverse weather. Where the customer requests a particular finish, style, or reduction level, we will aim to follow that instruction provided it remains safe, lawful, and technically reasonable. If we believe a requested method is unsafe or unsuitable, we may refuse to carry it out.
Payments, Invoicing, and Late Payment
Prices may be quoted as fixed fees, estimated fees, day rates, or itemised charges depending on the nature of the works. Unless stated otherwise, all prices are exclusive of VAT, which will be added where applicable. A quotation is valid only for the period stated on it or, if no period is stated, for a reasonable time based on market conditions and scheduling availability. We reserve the right to amend the price if the site conditions differ materially from those described at quotation stage.
Payment terms will be set out in the quotation or invoice. Unless agreed otherwise, payment is due on completion of the work or within the period stated on the invoice. For larger or planned projects, we may request a deposit or staged payments before works commence or continue. The customer must pay all undisputed sums in full and without set-off, deduction, or counterclaim unless required by law. Title to any supplied materials, where relevant, does not pass until payment has been received in full.
Where payment is overdue, we may charge interest and recover reasonable costs in line with applicable UK legislation for late payment, debt recovery, and commercial or consumer contracts as relevant. We may also suspend further work, withhold documentation, or decline future bookings until outstanding sums are cleared. If an invoice is disputed, the customer must notify us promptly and provide the reasons for the dispute so that it can be reviewed. Disputes do not remove the obligation to pay any undisputed part of the invoice.
Cancellations, Delays, and Rescheduling
Customers may cancel or reschedule a booking by giving reasonable notice. If notice is provided well in advance and we have not incurred costs, a cancellation charge may not apply. However, where a cancellation occurs after staff, machinery, vehicle allocation, waste arrangements, permit planning, or specialist subcontractors have been scheduled, we may recover reasonable losses, including administrative and operational costs. The amount charged will reflect the actual loss incurred and the stage reached in the booking process.
If you wish to postpone a booking, we will try to offer an alternative date, subject to availability. Weather conditions, site access issues, safety concerns, or unforeseen operational problems may also require us to delay the service. In such circumstances, we will use reasonable efforts to contact the customer and arrange a new date. We are not liable for delay caused by events outside our reasonable control, including severe weather, accidents, supply disruption, road closures, acts of third parties, utility issues, or legal restrictions.
Where a cancellation is caused by the customer’s failure to provide access, accurate information, or necessary approvals, the customer may be charged for any wasted appointment, travel, labour, or equipment deployment. If we arrive on site and the work cannot safely or lawfully proceed for reasons outside our control, the customer may also be charged a call-out or minimum attendance fee. Repeated late cancellations or failed access arrangements may result in refusal of future bookings.
Customer Responsibilities
Before work begins, the customer must disclose all known hazards and relevant site information. This includes underground services, overhead cables, unstable ground, asbestos, buried structures, infestations, protected wildlife, fragile surfaces, and any conditions that may affect safe access or safe operation. The customer must remove or secure items that could be damaged by the works, including vehicles, garden furniture, ornaments, glass items, cables, and personal property unless we have agreed in writing to handle this as part of the job.
The customer must ensure that children, pets, and unauthorised persons are kept away from the working area. Tree surgery can involve falling branches, moving machinery, wood chip, sawdust, and other hazards, and the working zone must remain clear. If we consider conditions to be unsafe, we may stop or postpone the work until the hazard has been addressed. Any wasted time or additional work resulting from unsafe or inaccurate site conditions may be charged to the customer.
The customer is responsible for obtaining all necessary consents, notices, approvals, permissions, and licenses unless agreed otherwise in writing. This includes any statutory protections relating to trees, conservation requirements, planning conditions, lease restrictions, freeholder consent, or neighbour permissions. If the customer instructs us to proceed without the required authority, they do so at their own risk and must indemnify us against losses, penalties, claims, or enforcement action arising from that instruction.
Liability and Limitations
We will exercise reasonable skill and care in carrying out the service, but our liability is limited to losses that are foreseeable and directly caused by our negligence or breach of contract. We do not exclude liability where it would be unlawful to do so, including liability for death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation. Subject to those exceptions, we are not liable for indirect, consequential, or economic losses, loss of profit, loss of business, or loss of opportunity.
Where damage occurs due to hidden defects, pre-existing weakness, disease, rot, structural instability, storm damage, unknown underground services, or inaccurate information provided by the customer, we will not be responsible unless the damage was caused by our negligence. Trees are natural and variable, and it is not always possible to predict how they will respond to cutting, dismantling, or felling. Any advice given about risk, future growth, or tree condition is based on the information reasonably available at the time and should not be treated as a guarantee.
If property belonging to the customer is damaged as a result of our work, the customer must notify us as soon as reasonably practicable and provide evidence of the issue. We may inspect the matter before any repair, replacement, or compensation is agreed. Where we are responsible, our liability may be limited to the reasonable cost of repair or replacement of the damaged item, taking into account age, wear, and depreciation. We are not liable for damage to items that were left in an unsafe or unsuitable position.
Waste Removal and Environmental Compliance
Where waste removal is included in the quotation, we will remove agreed green waste, timber, brash, and other arboricultural debris generated by the works, subject to the agreed specification. Any waste removed will be handled in accordance with applicable waste management rules and environmental regulations. If stump grindings, woodchip, logs, or mulch are to be left on site, this must be stated in advance. Otherwise, waste materials remain subject to our standard disposal arrangements.
The customer must not remove, reuse, or dispose of waste generated by the works unless agreed beforehand. If the customer requests that certain materials be retained on site, they accept responsibility for storing and handling those materials safely after handover. We may refuse to remove contaminated, hazardous, or unusual waste unless proper arrangements are in place. Any additional disposal costs caused by contamination, restricted access, excessive volume, or unusual loading requirements may be charged separately.
We will aim to operate in line with environmental obligations, including duty of care requirements for waste transfer, lawful disposal, and responsible handling of green waste. The customer agrees that any material left for us to remove becomes our responsibility only once collected by us and accepted into our disposal process. We do not accept responsibility for waste created by others on the site or for materials that the customer has asked us to leave behind. If a waste carrier note, transfer record, or related documentation is required, it will be provided where appropriate and reasonably practicable.
Health, Safety, and Site Conditions
Health and safety requirements apply at all times. We may use barriers, signage, exclusion zones, controlled lowering methods, machinery, or alternative techniques to reduce risk. The customer must not interfere with our safety procedures or instruct us to ignore risk controls. If a task becomes unsafe due to weather changes, unstable trees, equipment malfunction, or third-party interference, we may pause or terminate the work without liability for any resulting delay.
Our team may decline to work at height, operate machinery, or undertake dismantling if conditions are unsuitable. Safety takes precedence over speed, convenience, or aesthetic preference. Any site-specific instructions provided by the customer must not conflict with applicable safety standards, industry practice, or statutory obligations. We may amend the method of working if necessary to protect people, property, and the environment.
Where emergency or urgent works are requested, the customer acknowledges that rapid response may limit the amount of pre-inspection we can complete before attendance. In such cases, the customer accepts a higher degree of uncertainty as to the exact scope of works and any associated risks. We will still act reasonably and safely, but urgent attendance does not remove the customer’s duty to disclose known hazards or obtain necessary permissions.
Governing Law and General Provisions
These Terms and Conditions, and any dispute or claim arising out of or in connection with them, are governed by the laws of England and Wales. The courts of England and Wales will have exclusive jurisdiction over any dispute arising from the agreement, subject to any mandatory consumer rights that apply under UK law. If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
No failure or delay by us in exercising any right or remedy will operate as a waiver of that right or remedy. A waiver must be in writing to be effective. These terms constitute the entire agreement between the parties in relation to the services described, except where modified by written agreement. The customer should keep a copy of any quotation, invoice, and written confirmation for their records. The headings in these terms are for convenience only and do not affect interpretation.
By proceeding with a booking, the customer confirms that they have read, understood, and accepted these terms. Where a tree surgeon, arborist, or associated contractor is instructed under these conditions, those instructions are taken to include agreement to the booking process, payment rules, cancellation provisions, liability limits, waste handling terms, and governing law stated above. These terms are designed to provide a fair and transparent framework for professional tree surgery services and to support a clear relationship between the parties.