Terms & Conditions including Cancellations Procedure

These terms and conditions establish the contractual relationship between the “contractor” (Ryan Wells t/a County Tree Care) and the “client/client’s/clients'” (the person or organisation requesting the work) and become binding upon the client’s acceptance of the quotation.

The client refers to the person or organisation for whom the quotation has been prepared and who has commissioned specific works. If the client is operating on behalf of another party, this must be explicitly declared and verified with said party. Should the third party fail to confirm, the individual or organisation who commissioned the works becomes responsible for all payments. All parties must provide accurate invoicing information when commissioning the works.

1. Notice of Right to Cancel – Cooling-Off Period – As part of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013: Clients have the right to cancel the contract by providing written notice within 14 days of the acceptance date. Written notice can be provided by emailing info@countytreecare.co.uk or by posting a signed and dated request of cancellation to Ryan Wells t/a County Tree Care, 1 Jane Austin Close, Bordon, GU35 9FN. If requesting cancellation by post, please obtain and retain proof of postage.

i. Should the client cancel the contract with minimal notice, or if they specifically request work to commence within 14 days of acceptance to the scheduled work date, they may be required to cover costs proportional to the work already completed.

ii. If we cannot recover any losses resulting from cancellation at short notice, which is defined as cancellation within 48 hours or less of the scheduled work date. In that case, the client may be liable for the entire contract cost, up to 100%.

Therefore, clients are strongly advised to communicate any intention to cancel at the earliest possible opportunity.

2. If the client postpones or cancels work, they will be invoiced for any expenses incurred by the contractor, in line with the provisions outlined in clause “1.” above. These expenses may include, but are not limited to, the following situations:

i. When obstacles arise before or during work that prevent safe work execution.

ii. When the contractor is unable to access the site at the agreed time or when site access becomes restricted, resulting in work delays.

iii. When the contractor is unable to perform the works without experiencing harassment or obstruction.

3. The contractor shall execute works according to schedule but must operate within the constraints of ecological and wildlife legislation, including:

i. Wildlife and Countryside Act 1981.

ii. Countryside and Rights of Way Act 2000.

iii. Conservation of Habitats and Species Regulations 2012.

Such legislation mandates the contractor to evaluate the works’ environmental impact, which may lead to delays due to the presence of nesting birds, roosting bats, or similar protected species.

4. In instances where the site or ground conditions have altered since the initial assessment necessitating a variation to the quotation, the contractor shall, where feasible, revise the quotation accordingly. Such revisions may be communicated verbally, electronically, or documented in writing on the day of work, with mutually agreed amendments between the contractor (or an authorised operative) and the client. Otherwise, variations shall be charged at a fair and reasonable rate.

i. Any additions to the commissioned quote exceeding £100.00 must be formally processed through the office with an official quote amendment.

5. The contractor shall employ all reasonable measures to complete works within any specifically agreed timeframe with the client. However, such timeframes shall not constitute a contractual obligation, and the contractor shall not bear liability for delays resulting from circumstances beyond their control, including but not limited to adverse weather conditions and delays in material supply from third-party vendors. Under such circumstances, both parties shall mutually agree to either temporarily suspend or permanently terminate the contract, with neither party being liable for compensation to the other.

6. Should the client wish to implement any modifications or additions to the agreed works, they must communicate these changes to the contractor either in writing or verbally through the office. The contractor will subsequently confirm the variation, and should the order not be cancelled within seven days, it shall be deemed confirmed.

7. Upon issuing written or verbal instructions for work commencement, the client assumes responsibility for ensuring compliance with all local planning regulations and cannot rely on the contractor’s knowledge regarding:

i. Whether the tree(s) are subject to a Tree Preservation Order

ii. Whether the trees are situated within a Conservation Area

When the client indicates that planning permission is required, the contractor will secure necessary authorisations and assess whether a Felling Licence from the Forestry Commission (FC) is required, or if additional permissions or consultations are necessary, such as from Natural England/Environment Agency. Please be advised that if the contractor manages the Local Planning Authority application/notification process, an administrative fee of £75 may apply if the contractor does not subsequently perform the work. Similarly, charges may apply for obtaining an FC felling licence.

8. As the contractor, we commit to maintaining compliance with all applicable statutes, statutory instruments, rules, orders, regulations, and bye-laws pertinent to the works. We shall provide all legally required notices and settle all fees and charges legally recoverable from us concerning the works. However, we shall not be held liable for non-compliance or associated fees where the client fails to inform us of property-specific regulations.

9. For works proposed on third-party trees, such as those belonging to neighbours, even when formal permission is not required, the client must inform the neighbour and draw their attention to terms 7, 9, and 10 of our terms and conditions.

10. Regarding Neighbouring Trees – When access to a neighbour’s property is necessary for work execution, the client must obtain appropriate consent from the neighbour and indemnify the contractor against any third-party claims arising post-work completion. The contractor will not proceed with the work if they believe that the necessary consent from neighbours or relevant parties has not been secured. In such cases, the client remains liable for full payment of the contracted work. Upon quotation acceptance, securing explicit neighbour consent becomes the client’s responsibility. The contractor bears no liability for consequences arising from failure to obtain necessary consent.

11. The quotation accounts for all ‘value’, monetary or otherwise, and all materials, including twigs, branches, woodchips, logs, trunks, foliage, and any other arising’s, which shall be removed from site and become Contractor property, unless explicitly stated otherwise in the quotation.

12. The client bears responsibility for ensuring protection of any pipes, drains, or cables from the proposed work’s impact. The contractor shall not be liable for unforeseen site conditions that were not apparent during initial survey and could not be discovered without invasive investigation of existing structures or groundworks.

13. Our operatives will make every effort to protect breakable items within the work vicinity (including property interiors if site access requires internal passage). However, the client must ensure such items are removed from the work area before commencement. This includes items in neighbouring properties or public areas within the work vicinity. In exceptional circumstances, with permission or when deemed necessary for safe work continuation, operatives may relocate items within the vicinity.

14. Ryan Wells t/a County Tree Care will not accept any liability for damage to render, paint, or brickwork resulting from Ivy removal, particularly concerning already deteriorating structures. Generally, well-constructed and new structures remain unaffected by Ivy. We emphasise that Ivy removal will be conducted exclusively using hand tools. The quoted price excludes jet washing or cleaning of marks left by small aerial root remnants.

15. The site (including property interiors if used for access) will be left in a generally ‘clean, tidy and safe’ condition. However, due to the nature of the works, including wood dust production, chainsaw/wood chippings/twigs/leaves and needles, and personnel movement, restoring the site to its pre-work condition may not be feasible. While we endeavour to clear arising’s, completely removing fine material (such as stump grindings and sawdust) may be impossible, especially in wet conditions.

i. As fine arising’s can disperse widely, clients should take precautionary measures to minimise work impact (such as relocating vehicles) and advise neighbours similarly.

16. For multi-day operations, the site will be left in an appropriate, safe condition, as agreed with the client, at each day’s conclusion.

17. All works will adhere to current British Standard 3998 ‘Tree Work Recommendations’ where feasible unless otherwise specified. Specified dimensions are approximate and will align with the nearest appropriate pruning point where possible.

18. Stump-grinding will be performed to a maximum depth of 250mm below the adjacent ground level, including removal of stump and buttress roots but excluding lateral roots unless otherwise stated. Before work commences, the client must inform the contractor of any underground services or utilities near the stump. While the contractor will strive to prevent stump regrowth through treatment, success is not guaranteed on the first attempt and may require additional visits, charged at the standard minimum call-out rate.

19. Tree removal, where specified, excludes subsequent root or stump removal unless explicitly stated.

20. The contractor maintains £5 million in Public Liability Insurance, with a certificate displayed on our Proof Of Insurance page. Operations will conform to good industry practice, Health & Safety Policy and Procedures, and Site Specific Risk Assessments (which may impose site access restrictions during works).

21. Payment is due upon satisfactory completion of the work unless otherwise agreed. Unsatisfactory work must be reported to the contractor within 48 hours. Invoices will be sent to the quotation address (email or postal), and clients must ensure these remain current, immediately notifying the contractor of any changes. Sent invoices are deemed received. The contractor reserves the right to charge interest on outstanding amounts at the rate set by UK courts at the time the monies are due.

22. The contract price encompasses factors including travel time, site conditions, parking costs, local authority arrangements for area protection, required manpower, and equipment hire, unless otherwise agreed. The contractor may request immediate payment for such goods upon delivery rather than 3 days post-completion.

23. In case of disputes during or after contract completion, clients may not withhold payment exceeding a reasonable valuation of work required to rectify or replace disputed works. All payment withholding requires relevant receipt provision.

24. It is our responsibility to supply you with goods that meet your consumer rights. If you have any concerns that we have not met our legal obligations, please contact us.

25. For complaints, please visit our complaints procedure page.