Our Terms & Conditions of Service

Terms and Conditions of Service (Last Updated 30th August 2019)

  • Upon accepting the quotation provided you agree to the following Terms and Conditions. This is stated on all quotation forms. 


Payments are due on completion of the quoted works. An invoice will be given and payments can be made via bank transfer, cash or debit/credit cards only. Payment must be made on time and in full. Overdue invoices will incur a charge of £25 + VAT, this charge will continue every 7 days until paid. Once the overdue payment has passed 28 days, it may be referred to our debt collecting agency where other charges and fees will apply, which could seriously impact your credit rating. For commercial clients, payment terms are to be discussed at the start of the contract, otherwise will be within 30 days from the invoice date, same late payment fees apply.


The Contractor Tommy Clark’s Tree Surgery & Garden Maintenance Limited agrees all tree works will be in accordance with the current British Standard 3998 ‘Tree Work Recommendations’ where possible unless specified otherwise and guidelines provided by the Health and safety executive. In the quotation of tree works all dimensions and percentages specified are approximate, and wherever possible, will be to the nearest appropriate pruning point.

The Quotation

This quotation which also provides the schedule of works is valid for 30 days after which the Contractor reserves the right to withdraw and re-price unless otherwise agreed in writing. Upon acceptance of the works, the agreed price will remain as per the quotation until the work is completed unless the work is delayed by the customer or any hidden obstructions are found.

Change to Quotation

In the event of a variation to the quotation as a result of:

  1. Amendments to works required prior to arriving on site, or
  2. Changes in site / ground conditions since the original visit, or
  3. Additional works requested / required whilst on site

The quotation will be revised accordingly, either electronically in advance or where appropriate in a handwritten note on the day of work, with agreed amendments signed by the Contractor and the client.

Hidden Obstructions

Quotations are based on the assumption there are no hidden obstructions, such as metal or stone within a tree, or underground services causing added costs and delays. The Contractor reserves the right to re-quote accordingly.

Deposits & Cancellations

If the client cancels work that is booked in with the contractor within 2 working days, a 20% charge of the total amount will be payable.

The contractor may require a deposit from the client for any works being carried out - this is to secure the date of booking. This will be reflected on the invoice upon satisfactory completion of the work.

‘Notice of the Right to Cancel’ – the client has 14 days to cancel the contract (in writing or e-mail) from acceptance date and to have any deposit payments returned, from that date onwards - deposits are non-refundable.

Tree Preservation Orders and Conservation Areas

Following written/verbal instructions from the client, the Contractor will check with the Local Planning Authority (LPA) if the tree(s) are the subject of a Tree Preservation Order or located within a Conservation Area. Applications to Councils are free of charge, although upon accepting our quote, if the Contractor has dealt with a planning application and the Client does not use our services a fee of £150 + VAT will be charged.

Waste Removal

All arisings (inc. twigs / branches / woodchips / logs / trunks / foliage / etc) will be removed from site only if stated in the quotation and will remain the property of the Client until the invoice is paid in full. The contractor will only remove green/garden waste from our quoted works unless agreed otherwise. We have the right to return the waste removed if the invoice is not paid in full within the due date. For Garden Maintenance, we will initially use your compost heaps and garden waste bins for the waste we produce, removing excess waste in our vehicle. 

The Site

The site will be left generally ‘clean, tidy and safe’ but because of the very nature of the works including the production of wood dust, chainsaw / wood chippings / twigs / leaves and needles etc. and the traversing of site personnel it will not be as it was prior to commencement of works. If the works spread over multiple days, during the course of the work the site will be left appropriately and safe before the final clear up on the last day.

Stump Grinding

Stump-grinding will be to a depth of approximately 6 inches below the immediately adjacent ground level and will include the removal of the stump and buttress roots but will not include lateral roots unless otherwise specified. The arising will be left on site and back-filled into the hole to mulch down unless specifically stated otherwise in the quotation. The client will advise the Contractor of any underground services in the vicinity of the stump prior to starting the job. Stump Grinding is not included in tree felling and removal unless clearly stated in the quotation.


Gardening works will be carried out to meet your requirements and will be clearly explained before any works are carried out. For new lawns (turfing) it is the clients responsibility to care for it as required, following our 'Fresh Turf Aftercare Advice'. The Contractor shall be under no liability for any imperfections or damages after installation of new turf once we have returned to complete the free first grass cut. Regular Garden Maintenance does not include tree works, and includes only what is specified on the quotation, to a maximum height of 8ft (e.g hedge trimming) unless stated otherwise. Neighbours sides of hedges are not included in regular maintenance visits

Timber & Materials

Wood is a natural material and can split, twist or warp as it is exposed to sunlight and air. Wood that has been pressure treated will shrink as the water used in the treatment process evaporates from the timber. It is very unusual for any of these natural weathering characteristics to be detrimental to the structural strength or shorten the life expectancy of the timber. We cannot take any responsibility for the above, and you will be directed to our timber supplier for further information. We will not take any responsibility from damaged materials supplied by the client, or any future issues or damages with them after installation.

Underground services

Although the contractor will scan the area prior to stump grinding with the use of a Cable Avoidance Tool (CAT) to identify any underground services, unless a plan showing the exact location of underground pipes, wires or cables has been forwarded to us by the Owner of the land (or his agent) prior to the formation of the contract, the Contractor shall be under no liability for any damage caused as a result of work performed under the Contract to such pipes, wires or cables, or for any damage to property resulting there from and the owner of the land or his agent shall be solely liable for any such damage.

Overhead services

If needed, any charge for the removal of telephone cables, or temporary power shut down shall be the responsibility of the owner, unless otherwise agreed in writing with the Contractor.


The Contractor has £5 million Public Liability Insurance and £10 million Employers Liability Insurance in place. A copy of the certificates are available on request. The Contractor will operate in accordance with good industry practice, their Health & Safety Policy and Procedures and undertake Site Specific Risk Assessments.

Ecological and Wildlife Legislation

The Contractor will undertake the works as scheduled but is aware of and may be constrained by ecological and wildlife legislation including:

  1. Wildlife and Countryside Act 1981
  2. Countryside and Rights of Way Act 2000
  3. Conservation of Habitats and Species Regs. 2012 (amendment)

This legislation requires the Contractor to assess the impact of the works which may result in works being delayed as a result of nesting birds, roosting bats or similar being present.

Complaints or concerns

Any complaints or concerns following completion of works MUST be notified, in writing / by email, to the Contractor within a maximum period of 48 hours. Where we cannot resolve any complaints using our own complaints procedure, as a Which? Trusted Trader we use Dispute Resolution Ombudsman for dispute resolution. In the unlikely event of a complaint arising and you wish to refer the complaint to them please contact 0333 241 3209 or via their website http://www.disputeresolutionombudsman.org/which-trusted-traders-partnership/