Terms & Conditions

TERMS AND CONDITIONS OF BUSINESS

Topp Tree Care Ltd

Effective Date: 12thJanuary 2026

1. Definitions and Interpretation

1.1 Definitions
In these Terms and Conditions, unless the context otherwise requires, the following expressions shall have the meanings set out below.

“Company” means Topp Tree Care Ltd.

“Customer” means the individual, company, organisation, local authority or other entity instructing the Company to carry out the Services.

“Contract” means the legally binding agreement between the Company and the Customer comprising these Terms and Conditions together with any written quotation, specification, schedule of works, acceptance, purchase order or other documents expressly incorporated into the agreement.

“Ǫuotation” means the Company’s written quotation describing the proposed Services and associated charges.

“Services” means all works, consultancy, inspections, surveys, reports, advice, vegetation management, tree surgery, arboricultural operations, grounds maintenance, emergency works and any other services supplied by the Company.

“Site” means the land, property or location where the Services are to be carried out.

“Working Day” means Monday to Friday excluding public holidays in England and Wales.

“Variation” means any alteration, addition or omission to the agreed Services requested by the Customer or required due to unforeseen site conditions.

“Completion” means the point at which the Company has substantially completed the Services in accordance with the Contract.
1.2 Interpretation

These Terms and Conditions shall apply to every quotation, order and contract entered into by the Company unless expressly agreed otherwise in
Any terms or conditions submitted by the Customer shall not apply unless expressly accepted in writing by a Director of the
Where there is any conflict between these Terms and Conditions and any quotation issued by the Company, the quotation shall take precedence only in relation to the specific matter addressed within it.
Headings are included for convenience only and shall not affect the interpretation of these Terms.
References to legislation include any amendment, replacement or re-enactment of that legislation.
Words importing the singular shall include the plural and vice
References to any person include individuals, partnerships, companies, public bodies and other legal entities.

2. Formation of Contract

2.1 Acceptance
A legally binding Contract shall be formed upon the earliest of:

the Customer providing written acceptance of a quotation;
the Customer issuing a purchase order;
the Customer instructing the Company to commence the Services;
the Company attending Site and commencing the Services following the Customer’s instruction; or
the Customer otherwise accepting the Company’s quotation by

2.2 Entire Agreement
The Contract constitutes the entire agreement between the parties and supersedes all previous discussions, negotiations, representations or understandings relating to the Services.

The Customer acknowledges that they have not relied upon any representation, statement or promise not expressly contained within the Contract.

2.3 Authority to Instruct
The individual accepting the quotation warrants that they are authorised to enter into the Contract on behalf of the Customer and, where applicable, the legal owner or occupier of the Site.

The Company shall be entitled to rely upon those instructions without further enquiry.

2.4 Estimates
Unless expressly stated otherwise, all quotations remain valid for 30 days from the date of issue.

Ǫuotations are prepared based upon information available at the time of inspection and may be revised where site conditions materially differ from those reasonably apparent during the initial inspection.

2.5 Scope of Works
The Company shall only be responsible for carrying out the Services expressly detailed within the written quotation.

Any additional work requested before, during or after commencement shall constitute a Variation and may incur additional charges.

3. Ǫuotations, Pricing and Variations

3.1 Ǫuotation Basis

All quotations are provided free of charge unless otherwise agreed in
Ǫuotations are based solely upon the information available to the Company at the time of preparing the quotation, including any site inspection
Unless expressly stated otherwise, quotations are based upon conditions that are reasonably visible from ground level and do not include investigations into hidden defects, underground conditions or inaccessible areas.
Ǫuotations are valid for a period of 30 calendar days from the date of issue unless withdrawn earlier in writing by the
The Company reserves the right to amend or withdraw any quotation prior to acceptance where an obvious pricing or clerical error has occurred.

3.2 Fixed Price Ǫuotations
Where the Company has issued a fixed price quotation, that price applies only to the specific Services detailed within the quotation.

Any work not expressly described shall be treated as additional work and charged separately.

3.3 Estimates
Where an estimate has been provided rather than a fixed quotation, the final amount payable shall reflect the actual time, labour, machinery, materials and resources required to complete the Services.

An estimate does not constitute a fixed price.

3.4 Variations
The Customer may request alterations to the agreed Services at any time before Completion.

Where a Variation is requested, the Company may:

issue a revised quotation;
charge in accordance with its prevailing daywork rates;
agree another reasonable pricing method with the

The Company shall not be obliged to carry out any Variation until pricing has been agreed.

3.5 Additional Work
Additional charges may apply where work becomes necessary due to circumstances that could not reasonably have been identified before commencement, including but not limited to:

hidden decay or cavities;
storm damage;
unstable or hazardous trees;
concealed fencing, walls or structures;
underground services;
overhead utilities;
inaccessible work areas;
contaminated land;
invasive plant growth;
excessive ivy;
additional timber volumes;
unforeseen waste quantities;
adverse site conditions;
changes requested by the

Such work shall constitute a Variation.

3.6 Hidden Defects
The Company cannot determine the internal condition of trees without invasive investigation.

Where decay, cavities, fungal degradation, structural weakness, root instability or other defects become apparent during the course of the Services, the Company may:

suspend the works;
revise the method of work;
introduce additional safety measures;
utilise additional machinery or equipment;
increase labour resources;
require specialist access equipment;
revise the Contract Price

The Customer agrees that such additional costs shall be payable where reasonably incurred.

3.7 Machinery and Access Assumptions
Unless expressly stated otherwise, quotations assume that suitable access is available for vehicles, chippers, stump grinders, MEWPs, cranes and other equipment reasonably required to undertake the Services.

Where access restrictions increase the duration or complexity of the Services, the Company reserves the right to recover any additional costs reasonably incurred.

3.8 Utility Services
The Company relies upon information provided by the Customer regarding underground or overhead services.

The Customer shall notify the Company before commencement of any known:

electrical services;
gas services;
telecommunications equipment;
fibre optic cables;
drainage systems;
septic tanks;
irrigation systems;
water supplies;
private

The Company accepts no responsibility for damage arising from inaccurate or incomplete information supplied by the Customer.

3.9 Waste Volumes
Ǫuotations are prepared on the basis of the anticipated quantity of timber, branches, woodchip and green waste arising from the specified Services.

Where significantly greater quantities are generated due to hidden defects, customer instructions or unforeseen site conditions, the Company reserves the right to recover the reasonable additional costs of processing, transportation and disposal.

3.10 Taxes
Unless expressly stated otherwise, all prices are exclusive of Value Added Tax (VAT), which shall be added at the prevailing rate where applicable.
3.11 Pricing Errors
The Company reserves the right to correct any genuine clerical, typographical or calculation error discovered before the Contract has been accepted.

Following acceptance, no adjustment shall be made except where expressly permitted under these Terms or agreed in writing by both parties.

3.12 Emergency Works
Where emergency works are instructed to protect persons, property or the highway, the Company may commence work immediately without issuing a formal quotation.

Such works shall be charged on the basis of the labour, machinery, plant, materials and time reasonably required to respond to the emergency.

4. Customer Responsibilities

4.1 General Obligations
The Customer shall:

cooperate fully with the Company throughout the duration of the Services;
provide accurate and complete information relevant to the Services;
ensure that the Company has safe and uninterrupted access to the Site;
promptly provide any information reasonably requested by the Company;
ensure that all instructions given to the Company are lawful and

Failure to comply with these obligations may result in delays, additional costs or suspension of the Services.

4.2 Authority to Instruct
The Customer warrants that they:

are the legal owner or lawful occupier of the Site; or
have the full authority of the landowner to instruct the

The Company shall not be responsible for any dispute arising from ownership, boundary issues or lack of authority.

4.3 Site Access
The Customer shall ensure that suitable access is available for personnel, vehicles, machinery and equipment.

This includes, where applicable:

unlocked gates;
access codes;
parking arrangements;
suitable driveways;
unrestricted access routes;
adequate working

If access is unavailable upon arrival, the Company reserves the right to:

postpone the Services;
recover abortive visit costs;
recover additional labour or transport costs;
charge for lost working

4.4 Safe Working Area
Before commencement, the Customer shall remove or protect any items that could reasonably be damaged, including but not limited to:

vehicles;
trailers;
garden furniture;
ornaments;
pots and planters;
barbecues;
play equipment;
garden lighting;
decorative stone;
irrigation systems;
hoses;
movable

The Company shall not be liable for damage to items left within the working area where they could reasonably have been removed or protected by the Customer.

4.5 Underground and Concealed Services
The Customer shall inform the Company of any known:

electrical cables;
gas pipes;
water mains;
drainage systems;
septic tanks;
soakaways;
fibre optic cables;
irrigation systems;
private utilities;
underground storage tanks;
archaeological

The Company shall be entitled to rely upon information supplied by the Customer.

Where such information is inaccurate or incomplete, the Customer shall indemnify the Company against losses arising directly from that omission, except where caused by the Company’s negligence.

4.6 Boundaries
The Customer is solely responsible for identifying:

property boundaries;
ownership of trees;
ownership of hedges;
ownership of timber;
ownership of boundary

The Company accepts no responsibility for determining legal ownership unless expressly instructed under a separate consultancy appointment.

4.7 Permissions and Consents
Unless specifically agreed in writing, the Customer is responsible for obtaining any permissions required before work commences, including:

neighbouring land access;
landlord approval;
management company approval;
utility permissions;
private estate

The Company may assist with obtaining statutory consents, including Tree Preservation Order applications or Conservation Area notifications, where this forms part of the agreed Services.
4.8 Children, Visitors and Pets
The Customer shall ensure that:

children remain away from the working area;
pets are securely controlled;
visitors do not enter the exclusion zone;
members of the public are not permitted to interfere with the Company’s

The Company reserves the right to suspend work where safety is compromised.

4.9 Site Conditions
The Customer shall notify the Company before work commences of any known:

unstable ground;
contaminated land;
hazardous substances;
asbestos;
aggressive animals;
restricted access;
security risks;
flooding;
buried structures;
underground

Failure to disclose known hazards may result in additional charges or suspension of the Services.

4.10 Electricity and Water
Where reasonably required, the Customer shall make available suitable supplies of electricity and water without charge.

Where such supplies are unavailable, the Company reserves the right to recover any additional costs incurred.

4.11 Parking Restrictions
The Customer shall advise the Company of any parking restrictions, permit requirements or access limitations before the agreed commencement date.

Any parking charges, permits, penalties or additional costs arising from the Customer’s failure to provide this information may be recovered from the Customer where reasonably incurred.

4.12 Damage to Lawns and Soft Ground
Tree surgery and grounds maintenance frequently require the use of heavy vehicles, wood chippers, stump grinders, MEWPs, cranes and other plant.

Whilst reasonable care will always be taken, the Customer acknowledges that operations may cause unavoidable disturbance to:

lawns;
flower beds;
soft ground;
drive verges;
woodland floors;
agricultural land;
unmade

The Company shall not be liable for reasonable and unavoidable ground disturbance inherent in carrying out the Services, provided reasonable care has been exercised.

4.13 Neighbouring Property
The Customer is responsible for informing neighbouring property owners where access or temporary disruption is anticipated, unless the Company has expressly agreed to undertake such liaison.

The Company shall not be responsible for delays arising from neighbour objections or refusal of access.

4.14 Suspension Due to Customer Default
Where the Customer fails to comply with any obligation contained within this Section, the Company may:

suspend the Services;
postpone attendance;
revise the programme;
recover any additional costs reasonably incurred;
extend the completion date

Such suspension shall not constitute a breach of contract by the Company.

5. Tree Works, Statutory Controls and Site Conditions

5.1 Nature of Tree Work
The Customer acknowledges that trees are living organisms whose condition may not be fully apparent until work has commenced.

The Company shall exercise the reasonable skill and care expected of a competent arboricultural contractor. However, the Company cannot guarantee the structural condition, future health, stability or life expectancy of any tree.

Recommendations provided by the Company represent professional opinions based upon the information reasonably available at the time of inspection.

5.2 Hidden Defects
The Company shall not be responsible for defects that could not reasonably have been identified during a visual inspection, including but not limited to:

internal decay;
cavities;
root decay;
fungal degradation;
included bark;
unstable root systems;
structural weaknesses;
concealed

Should such conditions become apparent during the Services, the Company may:

cease work temporarily;
revise the method of work;
require additional equipment or labour;
recommend additional work;
revise the Contract Price where additional work is

5.3 Tree Preservation Orders and Conservation Areas
Unless expressly included within the Company’s quotation, the Customer is responsible for ensuring that all necessary statutory permissions have been obtained before work commences.

Where the Company has been instructed to prepare or submit applications relating to:

Tree Preservation Orders (TPOs);
Conservation Areas;
planning conditions; or
other statutory consents,

such services shall be carried out with reasonable professional care but the Company cannot guarantee that consent will be granted.

Any fees payable to Local Authorities or third parties shall remain the responsibility of the Customer unless otherwise agreed in writing.

5.4 Protected Wildlife
The Company will comply with all applicable wildlife legislation, including the Wildlife and Countryside Act 1981 and other relevant legislation protecting nesting birds, bats and other protected species.

If evidence of protected wildlife is discovered before or during the Services, the Company may immediately suspend or modify the works where reasonably necessary to comply with legal obligations.

The Customer shall remain liable for any reasonable costs incurred due to such suspension, remobilisation or revised working methods.

5.5 Emergency Suspension of Works
The Company may immediately suspend operations where continuing would, in its reasonable opinion:

present an unacceptable risk to health or safety;
breach legislation;
damage property;
endanger employees or members of the public;
damage protected habitats;
compromise professional

The Company shall not be liable for delays arising from such suspension.

5.6 Weather Conditions
Tree surgery is highly dependent upon safe weather conditions.

The Company reserves the right to postpone or suspend work due to:

high winds;
heavy rain;
snow;
ice;
lightning;
extreme heat;
flooding;
reduced visibility; or
any other adverse weather

Any revised commencement date shall be agreed as soon as reasonably practicable. Such postponement shall not constitute a breach of contract.

5.7 Ground Conditions
Where ground conditions prevent the safe use of vehicles or machinery, including saturated ground, instability or excessive slopes, the Company may:

postpone the Services;
revise the method of working;
introduce additional equipment;
recover any reasonable additional costs

5.8 Site Safety
The Company shall determine the appropriate method of work, staffing levels, equipment and safety precautions necessary to complete the Services safely.

The Company’s decision regarding safe working methods shall be final.

5.9 Stump Grinding
Unless expressly stated within the quotation:

stump grinding is excluded;
removal of underground roots is excluded;
reinstatement of disturbed ground is excluded;
reseeding or landscaping is

Where stump grinding is instructed, the Customer acknowledges that underground services may restrict the extent of grinding.

5.10 Timber, Woodchip and Arisings
Unless otherwise stated within the quotation:

all timber;
logs;
branches;
woodchip;
brash; and
green waste

shall be removed from Site and lawfully disposed of by the Company.

Where the Customer requests retention of timber or woodchip, ownership shall pass to the Customer upon placement at the agreed location on Site, after which all responsibility for storage, movement and use rests with the Customer.

5.11 Regrowth and Living Material
The Company cannot guarantee that:

trees will not regrow;
stumps will not produce epicormic growth;
roots will not continue to develop;
neighbouring vegetation will not influence future

Any future maintenance shall constitute a separate contract.

5.12 Damage to Existing Surfaces
Whilst reasonable care shall be taken at all times, the Customer acknowledges that the use of specialist arboricultural equipment may result in reasonable and unavoidable marking or disturbance to:

lawns;
soft ground;
woodland floors;
agricultural land;
gravel drives;
unmade access

The Company shall take reasonable steps to minimise such disturbance but shall not be liable for unavoidable damage inherent in carrying out the agreed Services.

5.13 Completion
The Services shall be deemed complete where the Company has substantially completed the works described within the quotation, notwithstanding the existence of minor defects or snagging items that do not materially affect the intended outcome.

Minor snagging items shall be rectified within a reasonable period where the Company accepts responsibility.

6. Payment Terms

6.1 Contract Price
The Customer shall pay the Contract Price together with any additional charges properly incurred under these Terms and Conditions.

Unless expressly stated otherwise, all prices are exclusive of Value Added Tax (VAT), which shall be added at the prevailing rate where applicable.

6.2 Payment Due Date
Unless otherwise agreed in writing, all invoices are payable in full within 14 calendar days of the invoice date.

Time for payment shall be of the essence of the Contract.

6.3 No Retention
The Customer shall not withhold, retain or deduct any sum from the Contract Price unless required by law or expressly agreed in writing by the Company.

6.4 Disputed Invoices
If the Customer believes an invoice is incorrect, they must notify the Company in writing within seven (7) calendar daysof the invoice date, setting out the reasons for the dispute in reasonable detail.

The undisputed portion of the invoice shall remain payable by the due date.

Failure to notify the Company within this period shall be treated as acceptance of the invoice, without affecting any statutory rights the Customer may have.

6.5 Additional Charges
The Company reserves the right to invoice for additional costs reasonably incurred as a result of:

Variations instructed by the Customer;
unforeseen site conditions;
hidden defects;
restricted access;
waiting time caused by the Customer;
aborted visits;

delays outside the Company’s control;
emergency works;
additional disposal costs;
additional traffic management;
additional plant or machinery;
statutory application fees;
third-party costs reasonably

Such charges shall become payable in accordance with these Terms.

6.6 Late Payment
Where payment is not received by the due date, the Company reserves the right to charge interest on the overdue amount.

For business-to-business contracts, interest and compensation may be claimed in accordance with the Late Payment of Commercial Debts (Interest) Act 1GG8, together with any applicable amendments.

For contracts with consumers, interest may be charged only where permitted by law or expressly agreed.

The Company also reserves the right to recover reasonable debt recovery costs and legal costs where permitted.

6.7 Suspension of Future Services
Where any invoice remains unpaid after the due date, the Company may, without liability:

suspend any ongoing Services;
postpone future bookings;
refuse further instructions;
decline to issue reports, certificates or documentation until payment has been

Any resulting delay shall not constitute a breach of contract by the Company.

6.8 Ownership of Goods and Materials
Ownership of any goods, materials or products supplied by the Company shall remain with the Company until all sums due under the Contract have been paid in full, to the extent permitted by law.

Risk in those goods shall pass to the Customer upon delivery or installation.

6.G Recovery of Outstanding Sums
Where the Company is required to pursue recovery of unpaid invoices, the Customer shall be liable, where legally recoverable, for:

court fees;
enforcement costs;
debt recovery charges;
reasonable legal costs;
statutory compensation and interest applicable to commercial

6.10 Set-Off
The Customer shall not set off or counterclaim against any amount due to the Company except where such right cannot lawfully be excluded.

6.11 Completion and Payment
The obligation to make payment shall not be delayed solely because the Customer considers there to be minor defects, cosmetic issues or snagging items that do not materially affect the completion of the Services.

Where the Company accepts responsibility for such items, they shall be rectified within a reasonable time without affecting the Customer’s obligation to pay the undisputed amount due.

6.12 Payment Methods
The Company accepts payment by bank transfer unless otherwise agreed in writing.

Payment shall be deemed received only when cleared funds have been credited to the Company’s nominated bank account.

6.13 Insolvency
If the Customer:

becomes insolvent;
enters administration;
enters liquidation;
proposes a voluntary arrangement;
has a receiver appointed over its assets; or
is otherwise unable to pay its debts as they fall due,

the Company may immediately suspend or terminate the Contract and declare all outstanding invoices immediately due and payable, without prejudice to any other rights or remedies available.

6.14 Non-Payment as Material Breach
Failure to make payment in accordance with these Terms shall constitute a material breach of the Contract and shall entitle the Company to exercise any contractual or legal remedy available, including suspension of Services, termination of the Contract and recovery of outstanding sums.

6.15 No Waiver
Any decision by the Company not to exercise its rights in relation to late payment on one occasion shall not constitute a waiver of those rights in relation to any future invoice or Contract.

7. Liability, Insurance and Risk

7.1 Standard of Care
The Company shall carry out the Services with the reasonable skill, care and diligence expected of a competent professional arboricultural contractor.

The Company does not warrant or guarantee that every desired outcome can be achieved, particularly where the Services relate to living trees, vegetation, ground conditions or factors beyond the Company’s reasonable control.

7.2 Professional Judgement
Where the Company provides arboricultural advice, tree surveys, risk assessments, consultancy reports or management recommendations, such advice represents the Company’s professional opinion based upon:

the information available at the time;
the condition of the tree or site when inspected;
accepted arboricultural practice; and
the exercise of reasonable professional

The Company cannot guarantee future tree condition, structural integrity or the future occurrence of defects that were not reasonably detectable during inspection.

7.3 Limitation of Liability
Subject always to Clause 7.4, the Company’s total aggregate liability arising from or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed:

the total Contract Price; or
the amount recoverable under the Company’s relevant insurance policy, whichever is the greater.

7.4 Liabilities That Cannot Be Excluded
Nothing within these Terms shall exclude or limit liability for:

death or personal injury caused by negligence;
fraud or fraudulent misrepresentation;
any liability that cannot lawfully be excluded or limited under the laws of England and

7.5 Indirect Losses
To the fullest extent permitted by law, the Company shall not be liable for any indirect or consequential loss including, but not limited to:

loss of profit;
loss of business;
loss of contracts;
loss of anticipated savings;
business interruption;
loss of opportunity;
reputational

This clause shall not affect any rights that cannot legally be excluded for consumer customers.

7.6 Existing Property Defects
The Company shall not be liable for damage resulting from pre-existing defects or weaknesses including, but not limited to:

unstable walls;
ageing fences;
deteriorated driveways;
defective paving;

rotten structures;
failing retaining walls;
defective drainage;
decayed trees;
hidden underground

Where work reveals such conditions, the Company shall notify the Customer as soon as reasonably practicable.

7.7 Underground Services
The Company shall not be liable for damage to underground services or structures that:

were unknown to the Company;
were inaccurately identified;
were incorrectly marked;
could not reasonably have been detected before

This clause shall not exclude liability where damage results directly from the Company’s negligence.

7.8 Damage Caused by Tree Failure
The Customer acknowledges that tree surgery may alter the weight distribution, loading or exposure of a tree.

The Company shall not be liable for future tree failure arising from:

hidden defects;
disease progression;
severe weather;
root decay;
natural deterioration;
events occurring after Completion,

provided the Services were carried out with reasonable skill and care.

7.9 Customer Property
The Company shall exercise reasonable care whilst working on the Site.

The Customer remains responsible for removing or protecting fragile or valuable items located within or adjacent to the working area.

The Company shall not be liable for damage to items that could reasonably have been removed or protected before commencement.

7.10 Insurance
The Company shall maintain appropriate insurance appropriate to the Services undertaken, including Public Liability Insurance and, where legally required, Employers’ Liability Insurance.

Evidence of insurance may be provided upon reasonable written request.

7.11 Risk in the Works
Risk in the completed Services shall pass to the Customer immediately upon Completion.

Where timber, logs, woodchip or other materials are retained by the Customer, responsibility for their storage, movement and subsequent use shall pass to the Customer once placed at the agreed location.

7.12 Force of Nature
The Company shall not be liable for any loss or damage arising from:

storms;
high winds;
flooding;
lightning;
drought;
subsidence;
extreme temperatures;
pest infestation;
disease outbreaks; or
other natural events occurring after

7.13 Third-Party Claims
The Company shall not be responsible for claims made by neighbouring landowners or third parties arising from matters outside the Company’s reasonable control, including boundary disputes, ownership disputes or rights of access, unless caused by the Company’s negligence.

7.14 Customer Indemnity
The Customer shall indemnify the Company against all reasonable losses, liabilities, costs and expenses arising from:

inaccurate information supplied by the Customer;
failure to obtain necessary permissions where the Customer is responsible for doing so;
failure to disclose known hazards;
unauthorised instructions given by persons without authority; or
breach of these Terms by the Customer,

except to the extent that such losses arise from the Company’s negligence or breach of contract.

7.15 Time Limit for Claims
The Customer shall notify the Company in writing of any alleged defect or claim as soon as reasonably practicable after becoming aware of it.

The Company shall be given a reasonable opportunity to inspect the alleged defect and, where appropriate, remedy the matter before any third party is instructed to undertake remedial works, except where immediate action is reasonably necessary for safety.

8. Suspension, Termination and Force Majeure

8.1 Suspension of Services
The Company reserves the right to suspend the Services immediately where:

payment remains outstanding beyond the agreed payment terms;
the Customer commits a material breach of the Contract;
the Company reasonably believes that continuing the Services would present a risk to health, safety or the environment;
the Customer fails to provide reasonable access to the Site;
statutory permissions required for the Services are absent or withdrawn;
adverse weather or site conditions make the Services unsafe; or
circumstances arise which are beyond the Company’s reasonable

The Company shall not be liable for any delay, loss or expense arising from such suspension where it is reasonably exercised under this Clause.

8.2 Customer Cancellation
The Customer may cancel the Contract by providing written notice to the Company.

Where cancellation occurs after acceptance of the quotation, the Company reserves the right to recover all reasonable costs incurred up to the date of cancellation, including but not limited to:

administration costs;
site inspections;
surveys;
consultancy;
traffic management bookings;
plant hire charges;
waste disposal bookings;
third-party costs;
materials purchased specifically for the

Where work has already commenced, the Customer shall pay for all Services completed up to the date of termination together with any unavoidable costs reasonably incurred.

8.3 Company’s Right to Terminate
The Company may terminate the Contract immediately by written notice where the Customer:

fails to make payment when due;
commits a material breach of these Terms;
becomes insolvent;
provides misleading or false information;
prevents the Company from carrying out the Services safely;
behaves in an abusive, threatening or aggressive manner towards employees, subcontractors or representatives of the Company.

Termination shall not affect the Company’s right to recover any monies already due.

8.4 Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations where such delay or failure results from events beyond its reasonable control.

Such events include, but are not limited to:

severe weather;
flooding;
fire;
epidemic or pandemic;
industrial disputes;
civil unrest;
acts of terrorism;
war;
government restrictions;
failure of utility services;
major road closures;
equipment shortages;
shortages of fuel or materials; or
any other event beyond the reasonable control of the affected

The affected party shall notify the other party as soon as reasonably practicable.

Where a Force Majeure event continues for more than sixty (60) consecutive days, either party may terminate the Contract by written notice without liability for future performance.

9. Complaints Procedure

9.1 Notification
If the Customer is dissatisfied with any aspect of the Services, they shall notify the Company in writing as soon as reasonably practicable, providing reasonable details of the complaint.

9.2 Opportunity to Remedy
The Customer shall allow the Company a reasonable opportunity to inspect the Site and, where the Company accepts responsibility, rectify any defect before instructing another contractor to undertake remedial work.

Except where immediate action is reasonably required for health and safety reasons, the Company shall not be liable for the cost of remedial work undertaken by third parties without first being given a reasonable opportunity to inspect and remedy the issue.

9.3 Cooperation
Both parties agree to use reasonable endeavours to resolve any complaint promptly, fairly and in good faith.

10. Data Protection

The Company shall process personal data in accordance with the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018 and its published Privacy Policy.

The Customer acknowledges that personal information may be processed for the purposes of:

providing the Services;
preparing quotations;
administering contracts;
complying with legal obligations; and
operating the Company’s

11. Intellectual Property

All quotations, reports, surveys, drawings, specifications, photographs, management plans, consultancy documents and other materials prepared by the Company remain the intellectual property of the Company unless otherwise agreed in writing.

No document prepared by the Company may be copied, reproduced, distributed or relied upon for any purpose other than that for which it was prepared without the Company’s prior written consent.

12. Assignment

The Customer shall not assign, transfer or otherwise dispose of any rights or obligations under the Contract without the prior written consent of the Company.

The Company may subcontract or assign any part of the Services where it remains responsible for the overall performance of the Contract.

13. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, invalid or unenforceable, that provision shall be deemed severed to the minimum extent necessary.

The remaining provisions shall continue in full force and effect.

14. No Waiver

Any failure or delay by the Company in exercising any right or remedy shall not constitute a waiver of that right.

A waiver shall only be effective if made in writing and signed by a Director of the Company.

15. Entire Agreement

These Terms and Conditions, together with the Company’s written quotation and any documents expressly incorporated into the Contract, constitute the entire agreement between the parties.

The Customer acknowledges that they have not relied upon any statement or representation that is not expressly set out within the Contract, except where such reliance cannot lawfully be excluded.

16. Third Party Rights

A person who is not a party to the Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms, except where expressly stated otherwise.

17. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.

The parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales in relation to any dispute arising out of or in connection with the Contract.

18. Acceptance

Acceptance of the Company’s quotation, whether by written confirmation, email, purchase order, electronic acceptance, signature, or by instructing the Company to commence the Services, shall constitute acceptance of these Terms and Conditions in full.

The Customer confirms that they have read, understood and agree to be legally bound by these Terms and Conditions.

Version: 1.0

Effective Date: 12thJanuary 2026

Schedule A – Domestic Customer Terms

These provisions apply where the Customer is acting wholly or mainly for purposes outside their trade, business, craft or profession (“Consumer Customer”).

Where there is any conflict between this Schedule and the main Terms and Conditions, this Schedule shall prevail to the extent necessary to comply with applicable consumer legislation.

A1. Consumer Rights

Nothing in these Terms and Conditions shall exclude, restrict or limit any statutory rights available to a Consumer Customer under applicable legislation, including the Consumer Rights Act 2015.

The Company will perform the Services with reasonable care and skill and in accordance with all applicable legal requirements.

A2. Ǫuotations

All quotations are provided without obligation and remain valid for thirty (30) calendar days unless withdrawn earlier.

Acceptance of a quotation forms a legally binding contract subject to these Terms and Conditions.

A3. Right to Cancel

Where the Contract is entered into away from the Company’s business premises, at the Customer’s home, or by distance means (including email, telephone or the internet), the Consumer Customer may have the right to cancel the Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Where applicable, the cancellation period is fourteen (14) days from the date the Contract is entered into.

A4. Request for Immediate Commencement

If the Consumer Customer requests that the Company begins the Services before the expiry of the statutory cancellation period, they expressly acknowledge that:

work may commence before the cancellation period expires;
if they later exercise their statutory right to cancel after work has begun, they may be required to pay for the Services supplied up to the date of cancellation, as permitted by law;
if the Services are fully completed during the cancellation period after they requested an early start and acknowledged the consequences, the statutory right to cancel may no longer

A5. Access

The Consumer Customer shall provide safe and reasonable access to the Site at the agreed time.

If the Company cannot gain access due to circumstances within the Customer’s control, the Company reserves the right to recover any reasonable costs arising from the failed attendance.

A6. Trees and Natural Characteristics

The Consumer Customer acknowledges that:

trees are living organisms;
future growth, decline or failure cannot be guaranteed;
tree surgery reduces but does not eliminate risk;
hidden defects may exist that are not reasonably visible before work

Professional recommendations are based upon conditions observed at the time of inspection.

A7. Wildlife

Where protected species or nesting birds are discovered, the Company may postpone, modify or suspend the Services in order to comply with applicable wildlife legislation.

Any additional reasonable costs arising directly from such delay or revised working methods may be charged to the Customer where permitted by law.

A8. Completion

Minor cosmetic matters or snagging items that do not materially affect the overall completion of the Services shall not entitle the Consumer Customer to refuse payment of the undisputed amount due.

Where the Company accepts responsibility for such matters, they will be rectified within a reasonable period.

AG. Complaints

The Consumer Customer agrees to notify the Company promptly of any concerns and to provide the Company with a reasonable opportunity to inspect and, where appropriate, remedy any defect before engaging another contractor.

A10. Governing Law

This Schedule shall be governed by the laws of England and Wales and shall be interpreted consistently with the statutory rights afforded to Consumer Customers.

Schedule B – Commercial, Public Sector and Business Customers

This Schedule applies where the Customer is acting in the course of a trade, business, profession, local authority, housing association, educational establishment, public body or other commercial organisation.

Where there is any conflict between this Schedule and the main Terms and Conditions, this Schedule shall take precedence for Business Customers.

B1. Purchase Orders

Where the Customer operates a purchase order system, the Customer shall issue a valid Purchase Order before the commencement of the Services unless otherwise agreed in writing.

Failure by the Customer to issue a Purchase Order shall not delay payment where the Company has commenced work following the Customer’s instruction.

B2. Instructions

The Company may rely upon instructions issued by:

Contract Managers;
Project Managers;
Site Managers;
Estates Managers;
Facilities Managers;
Surveyors;
Engineers; or
any person reasonably appearing to have authority to issue instructions on behalf of the Customer.

B3. Variations

The Company shall be entitled to payment for any Variation instructed verbally or in writing by an authorised representative of the Customer.

Where immediate action is necessary for safety reasons, the Company may proceed before a formal written instruction has been issued.

B4. Additional Works

Additional works arising from unforeseen circumstances, emergency requirements or operational necessity shall be valued using one or more of the following:

agreed schedule of rates;
daywork rates;
quoted lump sum;
reasonable market

B5. Payment

Unless otherwise agreed within the Contract Documents, invoices shall become due immediately upon issue and payable within fourteen (14) calendar days.

The Company reserves all statutory rights under the Late Payment of Commercial Debts (Interest) Act 1998.

B6. Payment Notices

Failure by the Customer to issue any internal payment certificate, payment notice or administrative approval shall not affect the Company’s entitlement to payment where the Services have been carried out in accordance with the Contract.

B7. Suspension for Non-Payment

Where payment becomes overdue, the Company may suspend further Services until all outstanding amounts have been paid.

The Company shall be entitled to recover all reasonable remobilisation costs resulting from such suspension.

B8. Programme

Any programme supplied by the Company represents its anticipated sequence of operations.

The programme may be amended where reasonably necessary due to:

weather;
access restrictions;
operational requirements;
emergency works;
utility companies;
statutory authorities;
customer instructions;
health and safety

B9. Extensions of Time

The Company shall be entitled to a reasonable extension of time where delays arise from circumstances outside its reasonable control, including delays caused by the Customer, statutory authorities or third parties.

B10. Subcontracting

The Company reserves the right to engage competent subcontractors or specialist contractors to undertake all or part of the Services.

The Company shall remain responsible for the overall management and delivery of the Contract.

B11. Health and Safety

The Customer shall provide all information reasonably necessary to enable the Company to comply with applicable health and safety legislation, including:

asbestos information;
utility records;
site hazards;
contamination reports;
existing risk assessments;
permit requirements;
emergency

The Company reserves the right to suspend work where critical safety information has not been provided.

B12. Construction (Design and Management) Regulations 2015

Where the Construction (Design and Management) Regulations 2015 apply, each party shall comply with its respective statutory duties.

Nothing within these Terms shall transfer any legal duty imposed by the Regulations unless expressly agreed in writing.

B13. Insurance

Evidence of the Company’s insurance cover shall be made available upon reasonable written request.

The Customer shall not require insurance limits or policy conditions exceeding those maintained by the Company unless expressly agreed before acceptance of the quotation.

B14. Limitation of Liability

Subject always to applicable law, the Company’s aggregate liability under any commercial Contract shall not exceed the greater of:

the Contract Price; or
the amount recoverable under the Company’s relevant insurance

The Company shall not be liable for indirect or consequential losses including loss of profit, loss of production, loss of contracts or business interruption.

B15. Framework Agreements

Where Services are carried out under a framework agreement or schedule of rates, these Terms shall apply except where expressly varied by the framework contract.

B16. Defects

The Customer shall notify the Company of any alleged defect within a reasonable period after becoming aware of it.

The Company shall be given a reasonable opportunity to inspect and rectify any defect before another contractor is instructed.

B17. Records

The Company may retain photographs, site records, inspection notes and operational records for quality assurance, contractual administration, training and legal purposes.

Such records may be relied upon in the event of any dispute relating to the Services.

B18. Entire Agreement

These Terms, together with the accepted quotation, purchase order (where applicable), drawings, specifications and any documents expressly incorporated into the Contract, constitute the entire agreement between the parties.

B1G. Governing Law

This Schedule shall be governed by and interpreted in accordance with the laws of England and Wales.

The parties submit to the exclusive jurisdiction of the English courts.

Schedule C – Arboricultural Operations

This Schedule forms part of the Contract and applies to all tree surgery, arboricultural consultancy, vegetation management, grounds maintenance and associated operations undertaken by Topp Tree Care Ltd.

C1. Standard of Work

All Services shall be carried out using reasonable skill and care and, where applicable, in accordance with recognised arboricultural good practice.

Unless otherwise specified within the quotation, pruning operations will be undertaken having regard to current industry guidance and the Company’s professional judgement.

C2. Tree Biology

The Customer acknowledges that:

trees are living organisms;
individual trees respond differently to pruning;
no guarantee can be given regarding future growth, vigour, appearance or structural integrity;
future management may be

The Company shall not be liable for the natural biological response of any tree following Completion.

C3. Decay and Structural Defects

Visual inspections cannot identify every internal defect. The Company does not warrant that trees are free from:

decay;
cavities;
root defects;
fungal infection;
included bark;
structural weakness;
latent

Any recommendations are based upon conditions reasonably observable at the time of inspection.

C4. Tree Failure

Following Completion, trees remain subject to changing environmental conditions. The Company shall not be liable for subsequent failure resulting from:

disease progression;
hidden decay;
severe weather;
altered soil conditions;
third-party damage;
future construction works;
drought;
flooding;
natural

C5. Ash Dieback and Other Diseases

Where trees are affected by Ash Dieback, Dutch Elm Disease or any other significant pest or disease, the Company shall exercise reasonable professional judgement based upon the symptoms visible at the time of inspection.

The progression of disease cannot be accurately predicted, and further deterioration may occur after Completion.

C6. Root Systems

Unless specifically instructed otherwise, Services relate only to above-ground operations.

The Company accepts no responsibility for:

underground root systems;
future root growth;
root-induced movement;
concealed underground

C7. Stump Grinding

Stump grinding normally extends only to a practical depth suitable for reinstatement and does not remove the entire root system.

The Company does not guarantee that:

roots will not regrow;
suckering will not occur;
future settlement will not occur;
underground services will permit complete

C8. Timber and Woodchip

Unless otherwise agreed in writing:

all timber remains the property of the Company until removed from Site;
timber requested by the Customer shall be left in a location determined by the Company as reasonably safe;
the Customer accepts all responsibility for the storage, handling and use of retained timber or woodchip.

The Company shall not be liable for deterioration, fungal development, insect infestation or movement of retained timber after Completion.

CG. Habitat Creation

Where requested by the Customer, timber, monoliths, habitat piles or deadwood habitats may be retained for biodiversity purposes.

The Customer accepts full responsibility for any retained habitat feature following Completion.

C10. Ground Protection

The Company will take reasonable steps to minimise damage to lawns, driveways and landscaped areas.

However, the Customer acknowledges that the use of arboricultural machinery may result in unavoidable disturbance where access over soft or uneven ground is necessary.

C11. Utility Clearance

The Company shall not undertake work within statutory exclusion zones of live electrical apparatus unless specifically authorised, trained and equipped to do so.

Where utility companies are required to isolate, disconnect or manage services, responsibility for arranging such attendance remains with the Customer unless expressly included within the quotation.

C12. Biosecurity

The Company may implement reasonable biosecurity measures, including the cleaning and disinfection of equipment, vehicles and machinery, to reduce the risk of spreading pests or diseases between Sites.

The Customer shall not be entitled to claim for any delay reasonably arising from such measures.

C13. Emergency Works

Where emergency works are undertaken to remove an immediate risk to persons or property, decisions regarding the method and extent of work shall be made by the Company’s Site Supervisor based on safety considerations at the time.

C14. Photographic Records

The Company may take dated photographs and video recordings before, during and after the Services.

These records may be used for:

quality assurance;
health and safety;
contractual administration;
insurance purposes;
training;
defending legal claims;
evidential purposes in any

Photographs containing identifiable individuals will be processed in accordance with the Company’s Privacy Policy.

C15. Completion of Arboricultural Operations

Tree works shall be deemed complete when the specified operations described within the quotation have been substantially carried out.

Natural variations in tree shape, canopy density, seasonal appearance or biological response shall not constitute defects.

The Company’s Site Supervisor shall determine whether the specified arboricultural operations have been completed in accordance with the agreed scope of works and accepted arboricultural practice.