Terms and Conditions

Where to find information about us and our services

You can find everything you need to know about us, The Tree GP Limited, and our services on our website, before you order. We also confirm the key information to you in writing in our quote which will be sent either by email or on paper. Our quote forms part of our contract with you.

If you are a business customer this is our entire agreement with you

If you are a business customer these terms and our quote are the entire agreement between us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in our quote or these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in those documents.

We don't give business customers all the same rights as consumers. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.

The services are confirmed once we’ve confirmed a date to do the work  

Once we have provided a quote and you have told us you agree with it, we contact you to confirm when we plan to do the work.  Our agreement will be formed once we have confirmed a date to do the work.  

Sometimes we reject orders

Sometimes we reject orders for work, for example, because you are located too far away or because the service was mispriced by us in the quote. If this happens, we let you know as soon as possible and refund any sums you have paid in advance but for which you have not received any services.

We rely on what you tell us about your property and land when preparing our quote.  So, you must tell us everything which may be relevant to our services and their price. Once we have provided a quote, you must tell us if anything has changed which might affect our services or their price, for example, a deterioration in the state of the land or your property, a withdrawn permission or limited access way.  If something has changed, we can refuse to provide the service or issue a revised quote.

Our quote will let you know when we expect to be paid

When you should pay us will be set out in our quote and you must pay our invoices plus VAT within 14 days of their issue.

If you are a business customer you have no set-off rights

If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

We charge interest on late payments

If we're unable to collect any payment you owe to us, we charge interest on the overdue amount at the rate of 8% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

We pass on increases in VAT

If the rate of VAT changes between our quotation date and the date we supply the services, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

We're not responsible for delays outside our control

If our supply of your service is delayed by an event outside our control, such as acts of God, bad weather and illness, mechanical failure or lack of access to your premises. If such an event happens, we will contact you as soon as possible to let you know and do what we reasonably can to reduce the delay.  As long as we do this, we won't compensate you for the delay, but if the delay is over 30 days you may end our agreement and receive a refund for any services you have paid for in advance, but not received.

You're responsible for making sure your measurements are accurate

If we've asked you for measurements relating to the service, you're responsible for making sure those measurements are correct.

You’re responsible for obtaining all necessary permits and licences

If any permits or licences are required for us to do our work, you must obtain them and show them to us.  We do not have to perform the services if we think by doing so, we’ll break the law.

We cannot help regrowth  

Although it might seem obvious to you, if we say we will clear an area, this does not mean the area will stay permanently cleared (unless we have expressly and without condition made that promise to you in writing).

When we provide stump grinding services it is possible that there may be some regrowth.

We are not property surveyors or structural engineers

• Tree Root Damage: We do not know for certain whether or not tree roots have damaged your property.  If you ask us about potential tree root damage, we may give you our opinion based on our past experience.  However, you should not rely on that opinion or allow others to do so.  If you want to know whether or not tree roots have damaged your property, you should appoint a suitably qualified professional.
• Tree Felling: We cannot predict how felling a tree may affect your land or buildings.  You are responsible for appointing a suitably qualified professional to advise you about the likely effect of our work on your land and buildings.
• Tree Pruning: Tree pruning, we do the pruning with the best of our knowledge, but not always know how the tree will react to pruning work that has been done.
• Cable Bracing: Cable bracing is a system that helps supports the tree, this is system however is not a 100% guaranteed and can fail. This is something as a client you should be aware of.
• Utilities: You are responsible to telling us if there are any utilities which we should avoid when performing our services.  For example, gas or water pipes and electricity and other cabling.  

We may charge you if you don't give us information we need or do preparatory work as agreed with us

We may charge you additional sums if you don't give us information we've asked for about how we can access your property to provide the service or if you don't do preparatory work to prepare for the services, as agreed with us. For example, we might need to return on another vehicle or with extra manpower, reschedule services or source other equipment.

Consumer’s legal right to change your mind. If you are a consumer, you have 14 days after we have confirmed the date to do the work to change your mind and cancel our services, but you lose the right to cancel any service when it’s been completed and, if you ask us to start work in the 14-day period you must pay for any work which we have done.

To cancel within that 14-day period, please contact info@the-tree-gp.co.uk. 

Please contact us if you think there is something wrong with the service

If you think that there is something wrong with the service, you should contact us on info@the-tree-gp.co.uk. 

We can suspend the supply of a service. We do this to:

• deal with technical problems or make minor technical changes;
• update the service to reflect changes in relevant laws and regulatory requirements.

We will contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency.

We can withdraw services

We can stop providing a service. We will let you know at least 7 days in advance and we will refund any sums you've paid in advance for services which won't be provided.

We can end our contract with you

We can end our contract with you for a service and claim any compensation due to us if:

• you don't make any payment to us when it's due and you still don't make payment within 14 days of our reminding you that payment is due;
• you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the service, for example, you do not provide clear access or do not adequately restrain pets;

We don't compensate you for all losses caused by us or our services

Our liability to consumers. We're not responsible for losses you suffer caused by us breaking this contract unless if the loss is:

• Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable); or
• Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We're not responsible for delays outside our control; or
• Avoidable. Something you could have avoided by taking reasonable action.

Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Our liability to businesses.

Our liability to businesses. If you're a business, then, except in respect of the losses described in Losses we never limit or exclude:

• we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
• our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £10,000 the total sums paid by you for products under such contract.

Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:

death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
defective products under the Consumer Protection Act 1987; or
any matter in respect of which it would be unlawful for us to exclude or restrict liability.

Governing Law

These terms are governed by English law. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

Other important terms apply to our contract

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.