Tree Surgeons Victoria Terms and Conditions

These Terms and Conditions set out the basis on which Tree Surgeons Victoria provides tree surgery and related arboricultural services to domestic and commercial customers in the UK. By requesting a quotation, making a booking, or accepting work, the customer agrees to be bound by these terms. They are intended to create clarity about the scope of service, the responsibilities of both parties, and the standards that apply to each appointment. The wording below should be read carefully, as it forms part of the agreement between the customer and the service provider.

For the purposes of these terms, references to “we”, “us” and “our” mean Tree Surgeons Victoria, and references to “you” and “your” mean the customer or any person acting on the customer’s behalf. These terms apply to all routine and emergency works, including tree pruning, crown reduction, tree felling, stump grinding, hedge maintenance, vegetation clearance, and associated site services. Where a separate written agreement exists, that agreement will take precedence only to the extent that it expressly varies these terms.

We reserve the right to update or amend these Terms and Conditions from time to time. The version in force at the time of booking will normally apply to the relevant service, unless a later change is required by law or is agreed in writing. Nothing in these terms is intended to remove or limit any statutory rights that apply under UK consumer law.

1. Booking Process

Bookings may be made following an initial enquiry and the provision of relevant information about the site, the work requested, and any known restrictions or hazards. To help us assess the work accurately, you may be asked to provide photographs, access details, tree location, approximate height or spread, and any relevant planning or conservation considerations. We may also request additional information if the proposed work appears to involve protected trees, shared boundaries, or difficult access.

Any quotation we provide is usually based on the information available at the time. If the site conditions, tree condition, access, or scope of work differ materially from the description provided, we may revise the quotation before work starts. A quote does not become a confirmed booking until you accept it and we confirm the appointment in writing, verbally, or by another recorded method. We may decline or postpone a booking where the work is outside our capabilities, unsafe, or impractical.

You are responsible for ensuring that the person authorising the work has the legal right to do so. If permission is required from a landlord, managing agent, freeholder, neighbour, or other third party, it is your responsibility to obtain it before the service date. In some cases, tree work may require formal consent from the local planning authority or another relevant body. Unless expressly agreed otherwise, we do not accept liability for delays or additional costs caused by missing permissions, inaccurate instructions, or unresolved disputes between owners or occupiers.

2. Service Scope and Site Conditions

The service agreed will be limited to the work described in the quotation or booking confirmation. Any tasks requested on the day that fall outside the agreed scope may be treated as additional work and charged separately. Unless specified, quotations do not include specialist traffic management, extensive hand clearance, substitute planting, ecological surveys, or remedial works unrelated to the original request.

You must ensure that the site is reasonably accessible and that we can carry out the work safely. This includes providing access to the property, keeping pets and children away from the work area, and advising us of any underground services, hidden structures, brittle surfaces, nesting activity, contamination, or other site-specific risks. We may suspend or alter the work if we identify unsafe conditions, unexpected obstacles, or circumstances that could compromise safety, property, or compliance with applicable standards.

We will use reasonable skill and care in the performance of the services. However, tree surgery involves working with living structures and natural materials, and no outcome can be guaranteed in respect of regrowth, weather response, long-term stability, or future tree health. Where our opinion is given about the condition of a tree, that opinion is based on visual assessment unless a more detailed inspection has been expressly agreed.

3. Payments and Charges

Payment terms will be stated in the quotation, invoice, or booking confirmation. Unless agreed otherwise in writing, payment is due on completion of the work or within the stated invoice period. We may require a deposit for larger, scheduled, or custom works, and we may also ask for staged payments on extended projects. Any deposit requested is used to reserve labour, equipment, and scheduling capacity.

All prices are normally quoted inclusive or exclusive of VAT as stated in the quote. If VAT applies, it will be shown separately where required. Additional charges may arise where the actual work differs from the agreed scope, where unexpected site conditions require extra labour, or where delays are caused by the customer or another party. We will normally explain material changes before proceeding, where time and circumstances allow.

If payment is not made on time, we reserve the right to charge interest and recover any reasonable costs incurred in collection, in accordance with applicable UK law. We may also suspend further work, withhold reports or completion records, or decline future bookings until outstanding balances are settled. Ownership of any waste, materials, or items removed during the service passes to us only where legally permitted and only once payment has been received in full, if so agreed.

4. Cancellations, Rescheduling and Delays

You may cancel or reschedule a booking, but we ask that you give as much notice as possible. Where a cancellation is made close to the appointment date, we may charge a reasonable cancellation fee to cover labour, transport, equipment allocation, or wasted preparation time. The amount charged will depend on how much notice was given and whether the work was specially scheduled or required us to turn away other business.

If we need to cancel or reschedule due to adverse weather, unsafe working conditions, equipment failure, staff unavailability, access restrictions, or any event outside our reasonable control, we will make reasonable efforts to offer an alternative date. We will not be liable for indirect losses caused by a delay, including loss of enjoyment, loss of use, or costs arising from third-party arrangements, unless such liability cannot lawfully be excluded.

Where a customer is not present at the agreed time and we are unable to access the site, the appointment may be treated as a late cancellation or failed visit. If work is postponed because of incomplete instructions, missing permissions, or unresolved disputes, any resulting cost or idle time may be chargeable. We will act reasonably in deciding whether to proceed, pause, or abandon work where conditions change materially on the day.

5. Liability and Insurance

We maintain insurance cover appropriate to the services we provide, including public liability and, where relevant, employer’s liability. Copies or summaries of cover may be made available on request where appropriate. However, insurance does not replace the need for the customer to disclose relevant risks, safeguard valuables, and ensure that the site is prepared for the work.

We will take reasonable care to avoid damage, but tree surgery may involve inherent risk to lawns, borders, fences, hard landscaping, and nearby structures, particularly where access is restricted or trees are unstable. We are not responsible for pre-existing damage, hidden defects, latent decay, or movement of surfaces and structures that are already compromised. Any claim for damage must be notified promptly so that it can be investigated while evidence is available.

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 be excluded under UK law. Subject to that, our total liability for loss or damage arising from the service shall be limited to the amount paid or payable for the specific work giving rise to the claim, except where a different limit is required by law.

6. Waste Handling and Environmental Compliance

Tree surgery can generate timber, brash, chip, stumps, soil, and other organic waste. Unless agreed otherwise, removal and disposal of waste will be handled as part of the service, and the relevant charge will be reflected in the quotation. Where waste is left on site, it will be positioned in a reasonable manner, but the customer remains responsible for its storage, further movement, or final disposal once the work has been completed.

We will deal with waste in accordance with applicable environmental and waste management obligations. This may include segregation, transport, transfer to authorised facilities, and record-keeping where required. We may reuse, recycle, chip, or otherwise process suitable green waste, provided this is consistent with legal requirements and the agreed service. Any hazardous, contaminated, or non-green material found during the work may require separate handling and may incur additional charges.

It is the customer’s responsibility to disclose known contamination, invasive species, treated timber, asbestos risk, or any material that may affect waste classification or disposal method. We may refuse to remove certain substances where doing so would breach law, expose staff to unnecessary risk, or exceed the agreed scope. Where a waste transfer note, consignment note, or similar document is required, we will complete it in accordance with our legal duties, and the customer agrees to provide accurate information where necessary.

7. Customer Responsibilities

You must ensure that the work area is reasonably clear and that any objects that could be damaged are removed or protected before the appointment. This includes vehicles, garden furniture, ornaments, fragile items, and personal belongings. If removal of these items is not practical, you must tell us in advance so that suitable precautions can be discussed. We are not responsible for damage to items that should reasonably have been moved or protected by the customer.

You must also inform us of any tree preservation order, conservation restriction, shared ownership issue, or other legal constraint that may apply to the tree or site. Failure to provide accurate information may result in delays, extra cost, or the need to stop work. If we discover that the work cannot lawfully proceed, we may terminate the booking and charge for any reasonable time, travel, or preparatory work already undertaken.

The customer accepts responsibility for ensuring that utility lines, irrigation systems, drainage covers, underground services, and concealed structures are identified as far as reasonably possible. If you are unsure whether any such feature exists, you should tell us before the service begins. We may require marked-out service plans or other confirmations before using machinery or undertaking work near sensitive areas.

8. Complaints and Disputes

If you are dissatisfied with any aspect of the service, you should tell us as soon as reasonably possible so that we can investigate and, where appropriate, take remedial action. We may request photographs, written details, or access to the site to understand the issue properly. Any concern should be raised promptly after the work, as delay may make it harder to assess the circumstances fairly.

We aim to resolve disputes in a sensible and proportionate way. Where a defect or omission is confirmed to be our responsibility, we may choose to rectify the issue, offer a price adjustment, or otherwise resolve the matter at our discretion, provided such action is reasonable and lawful. This does not affect your statutory rights where they apply.

If a dispute cannot be resolved informally, the parties agree to attempt good-faith negotiation before starting formal proceedings, unless urgent action is needed to protect property or safety. Any part of these terms found to be unenforceable will be treated as removed to the minimum extent necessary, and the remainder will continue in force.

9. Governing Law and Jurisdiction

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. If you are a consumer based in Scotland or Northern Ireland, you may also have rights under the local laws that apply to you, and nothing in these terms is intended to reduce those rights where they cannot lawfully be excluded.

The parties agree that the courts of England and Wales shall have exclusive jurisdiction, except where mandatory law gives the customer the right to bring proceedings elsewhere. This governing law clause applies to the contract, any non-contractual obligations arising from the service, and any pre-contractual statements made in connection with the booking.

These Terms and Conditions are intended to provide a fair and practical framework for the provision of tree surgeon services, tree surgery work, and related arboricultural operations. By booking with Tree Surgeons Victoria, you acknowledge that you have read, understood, and accepted the terms that govern the relationship between the parties.

10. Final Provisions

No failure or delay by us in exercising any right under these terms shall operate as a waiver of that right. Any waiver must be agreed in writing. You may not transfer your rights or obligations under the agreement without our prior written consent, except where required by law. We may assign or subcontract parts of the service where appropriate, provided this does not materially reduce the standard of performance promised under the booking.

These terms, together with any quotation or written confirmation, form the entire agreement between the parties in relation to the relevant service. They supersede any prior discussions, statements, or representations made orally or in writing, unless expressly incorporated by reference. If any provision is found invalid, illegal, or unenforceable, the remaining provisions will continue to apply in full force.

Tree Surgeons Victoria thanks customers for reading these terms carefully before confirming a booking. The intention of this document is to support safe, professional, and transparent tree care while reflecting the practical realities of arboricultural work. Use of our services signifies acceptance of the latest applicable version of these Terms and Conditions.