Terms and Conditions of Business
Wood Be Ltd
Company No: 08930989
Registered Office: 6 Pine Close, Oaklands Lane, West Lavington, West Sussex, GU29 0FG
All works undertaken in accordance with BS3998:2010 – Tree Work – Recommendations
1. Definitions
1.1 “The Company” means Wood Be Ltd.
1.2 “The Client” means the person, company, or organization instructing the Company.
1.3 “Works” means all tree surgery, arboricultural services, bracing installations, consultancy, and related operations carried out by the Company.
1.4 “Goods” means any materials, hardware, bracing systems, or products supplied or installed by the Company.
1.5 “BS3998” refers to British Standard 3998:2010 – Tree Work – Recommendations.
2. Acceptance of Terms
2.1 Acceptance of any quotation, written instruction, email confirmation, or verbal instruction constitutes acceptance of these Terms and Conditions.
2.2 These Terms shall apply to all contracts unless otherwise agreed in writing.
3. Standards of Work
3.1 All works shall be carried out in accordance with BS3998:2010, unless otherwise agreed in writing.
3.2 Recommendations are based on visual inspection from ground level unless otherwise specified.
3.3 The Company reserves the right to amend or refuse works where safety concerns arise.
3.4 Tree works are biological processes and outcomes cannot be guaranteed.
4. Tree Risk Disclaimer
4.1 Trees are living organisms and may fail unpredictably due to hidden defects, decay, disease, soil conditions, or weather events.
4.2 Any advice or opinion provided represents a professional judgement based on observable conditions at the time of inspection and does not constitute a guarantee of future safety or condition.
4.3 Risk can be reduced but not eliminated by pruning, reduction, bracing, or removal of specific limbs.
4.4 The Company shall not be liable for subsequent failure caused by:
Hidden or internal defects not reasonably detectable
Extreme weather events
Ground movement or soil instability
Third-party interference
Lack of ongoing maintenance
5. Tree Bracing and Support Systems
5.1 Bracing systems (static or dynamic) are installed to reduce the likelihood of structural failure, not eliminate it.
5.2 The Company provides no guarantee as to the long-term structural integrity or survival of a braced tree.
5.3 The Client is responsible for arranging ongoing inspections (recommended annually and after severe weather) unless a maintenance agreement is in place.
5.4 Bracing systems may require adjustment, replacement, or removal as the tree grows.
5.5 Failure to maintain inspection voids any responsibility of the Company for subsequent failure.
6. Animal faeces, Biohazards & Contaminated Site Conditions
6.1 The Client is responsible for ensuring that all working areas are free from animal faeces, waste, and other biological contaminants prior to the commencement of works.
6.2 The Company reserves the right to suspend or delay works where excessive animal faeces, biohazardous waste, or contaminated ground conditions are present and pose a health and safety risk.
6.3 Where equipment, machinery, climbing gear, vehicles, or personal protective equipment become contaminated due to animal faeces or related biohazards present on site, the Company reserves the right to charge:
A minimum cleaning and decontamination fee of £150, or
The full cost of professional cleaning, disinfection, or replacement of contaminated equipment (whichever is greater).
6.4 Where contamination results in operational downtime, the Company reserves the right to recover reasonable costs for:
Loss of income due to halted works
Staff downtime
Equipment quarantine or drying time
Cancelled or rescheduled bookings
Loss of income will be charged at the Company’s standard day rate applicable to the scheduled works.
6.5 If contamination renders equipment unsafe for use, the Company may terminate works without liability and invoice for work completed to date together with any additional costs incurred.
6.6 The Company accepts no responsibility for delays arising from contaminated site conditions.
7. Permissions and Legal Compliance
7.1 The Client is responsible for confirming whether trees are subject to:
Tree Preservation Orders (TPOs)
Conservation Area restrictions
Planning conditions
Felling license requirements
7.2 The Company accepts no liability for unauthorized works resulting from incorrect information supplied by the Client.
7.3 Where the Company applies for consent on behalf of the Client, Local Authority delays are beyond the Company’s control.
8. Nesting Birds and Wildlife Protection
8.1 The Company operates in accordance with the Wildlife and Countryside Act 1981 and other applicable environmental legislation protecting nesting birds and wildlife.
8.2 If, during works, an active bird’s nest or evidence of protected species is discovered, the Company shall immediately suspend the affected operations.
8.3 The Company shall not be liable for delays caused by the presence of nesting birds or protected wildlife.
8.4 Where works are delayed, postponed, or aborted due to active nests or legal restrictions, the Client agrees that additional charges may apply, including but not limited to:
Site attendance and inspection time
Re-mobilization costs
Additional traffic management or machinery hire
Administrative time
Rescheduling of crews
Loss of productive working time
Such charges shall be invoiced at the Company’s prevailing day rate or as otherwise reasonably calculated.
8.5 If specialist ecological surveys, arboricultural reassessments, or statutory permissions are required as a result of nesting birds or protected species, these shall be arranged at the Client’s cost unless expressly included in the original quotation.
8.6.The Client is responsible for informing the Company of any known nesting activity or protected species present prior to the commencement of works
8.7 The Company shall not be responsible for the consequences of unauthorized works instructed contrary to wildlife legislation
9. Quotations/estimates and Pricing
9.1 Quotations/estimates are valid for 14 days unless otherwise stated.
9.2 Prices are based on site conditions observed at the time of quotation/estimation
9.3 Additional works required due to unforeseen conditions (including hidden decay, embedded metal, restricted access, or additional safety measures) will be charged separately.
9.4 Prices assume unrestricted access, suitable parking, and no undisclosed hazards.
10. Deposit Terms
10.1 The Company reserves the right to request a deposit of up to 30% prior to scheduling works.
10.2 Deposits may be required for:
Large-scale projects
Machinery hire
Traffic management
Bracing installations
Commercial contracts
10.3 A booking is not confirmed until any required deposit has been received.
10..4 Deposits are non-refundable where cancellation occurs within 48 hours of the scheduled start date.
10..5 Deposits may be retained in part or full to cover costs already incurred.
11. Cancellation and Postponement
11.1 Cancellation must be made in writing.
11.2 Cancellation fees apply as follows:
More than 1 weeks notice: No charge (deposit refunded where applicable)
Less than 1 weeks notice: 25% of quoted/estimated price
Less than 48 hours’ notice or on the day: 50% of quoted/estimated price
11.3 Weather-related postponement due to unsafe working conditions will be rescheduled without penalty.
11.4 If the estimated/quoted job is accepted with a start date within 2 weeks, but is cancelled by the Client less than 48 hours’ notice or on the day: 25% of quoted/estimated price will apply.
11.5 All cancelation fees are applied at the companies discretion.
12. Access and Client Responsibilities
12.1 The Client must provide safe and adequate access.
12.2 The Client must identify underground or hidden services including:
Water, gas, electric
Drainage and septic systems
Irrigation systems
Fibre or communication lines
12.3 The Company accepts no liability for damage to undisclosed services.
12.4 Minor disturbance to lawns, borders, or surfaces may occur where unavoidable.
13. Arisings and Timber
13.1 Unless otherwise agreed, all arisings remain the property of the Company.
13.2 Where timber is retained at the Client’s request, the Company accepts no responsibility for splitting, fungal growth, movement, or deterioration.
14. Payment Terms
14.1 Payment is due within 7 days of invoice, unless otherwise agreed in writing.
14.2 Late payments may incur statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998.
14.3 The Company reserves the right to suspend future works where invoices remain unpaid.
15. Retention of Title
15.1 Ownership of all Goods supplied or installed remains with the Company until full payment has been received in cleared funds.
15.2 Until ownership passes, the Client shall:
Hold Goods as bailee for the Company
Not sell, transfer, or dispose of them
Take reasonable care of them
15.3 The Company reserves the right to recover Goods or return arisings where payment remains outstanding, subject to lawful access.
15.4 Risk in the Goods passes to the Client upon installation or delivery.
16. Insurance and Limitation of Liability
16.1 The Company holds appropriate Public Liability and Employers’ Liability insurance.
16.2 Liability is limited to the value of the Works carried out.
16.3 The Company shall not be liable for indirect, consequential, or economic losses.
16.4 Nothing in these Terms limits liability for death or personal injury caused by negligence.
17. Complaints
17.1 Complaints must be submitted in writing within 7 days of completion of Works.
17.2 The Company must be given reasonable opportunity to inspect and rectify any issue.
18. Force Majeure
18.1 The Company shall not be liable for delay or failure to perform obligations due to events beyond reasonable control.
18.2 Such events include but are not limited to:
Severe weather
Fire or accident
Equipment breakdown
Labour or material shortages
Government restrictions
Civil disturbance
18.3 The Company may suspend or reschedule works without penalty.
18.4 If such events continue beyond 30 days, either party may terminate the contract, subject to payment for works already completed.
19. Governing Law
These Terms and Conditions are governed by the laws of England and Wales.