Additional Terms, Conditions and Limited Warranty
These terms and conditions represent the complete agreement of the parties and no terms or conditions in any way including adding to, modifying or otherwise changing the provisions stated herein shall be binding upon Seller unless made in writing and signed and approved by an officer of the company. This agreement and all rights obligations including construction, validity and performance shall be governed by the laws of the State of Illinois.
We warrant that all plants are of high quality and of the size of grades specified. All are grown under good and accepted nursery practices and are inspected pursuant to government requirements for freedom from diseases and insect pests.
LANDSCAPE SALES: IF WE INSTALL THE PLANT we agree to replace trees, shrubs, evergreens, vines and ground covers that do not survive one year after date of invoice, with one replacement of each plant. This represents a 100% warranty for labor from Hinsdale Nurseries, Inc. and material associated with each plant provided by Hinsdale Nurseries, Inc. Replacement will be made with plants of the size and quality as originally installed, provided they have been cared for properly. If stock is depleted of the same kind and size that has died, we will credit the purchasers account for 100% of the original purchase price plus labor. This credit will be applied to future invoices.
Grass seed is warranted to have the purity and germination percentage specified on the label of each package or bag. Sodded lawns are warranted to the extent that with proper care the roots will knit in the subsoil. NO WARRANTY is made as to the productivity or growth of grass seed or sodded lawns.
NO WARRANTY is made for roses, perennials, annuals, or for plant material that is planted in planter boxes or cemeteries.
This warranty is void if: (1) the plants are not cared for properly and our instructions for care were not followed: (2) plants are not paid for within 30 days after invoice or installment payments have note been arranged prior to invoice: (3) Losses are not reported within one year after sale of plants: (4) If there is a loss due to catastrophic of endemic or epidemic proportions; (5) Plants are damaged by vandalism, motor vehicle, drought, snow, ice or wind storms, untimely freeze, animals or pets or any other type of mechanical or chemical injury while in possession of the purchase.
RETAIL SALES: IF YOU INSTALL THE PLANT – the above terms apply with a store credit, representing 100% of the purchase price, being issued as long as the original sales receipt and a photo of the dead plant are provided. No cash or credit card refunds will be given. Delivery and/or installation costs are not included in the warranty. Perennials, Groundcovers, and Roses are warranted through October 31st of the year purchased. No warranty is given for Annuals, Hanging Baskets, or Tropicals.
WHOLESALE SALES – No warranty is given on the whole sale except: In the event that any nursery stock sold by us should prove untrue to name under which it is sold, we herby agree to replace that portion of the order proven untrue to name. or behind the purchase price thereof.
HARD GOODS – All brick, flagstone, bluestone, concrete, masonry and construction work is warranted for one year from the date of final invoice. In regards to our workmanship being free of defects or containing faulty materials.
DRAINAGE – All drainage work is warranted for one year from the date of final invoice, in regards to our workmanship being free of detects or containing faulty materials.
TRANSPLANTING – While we take every precaution and employ the best horticultural practices in our work, we cannot guarantee the viability and life of any transplanted materials on your grounds.
OTHER CONDITIONS OF THE SALE
GENERAL – This limited warranty is made with client and property originally supplied with plants or services and is not transferable. In respect to all nursery stock sold by us, we give no warranty, expressed or implied as to description quality growth, productiveness or any other matter Hinsdale Nurseries Inc, assumes no responsibility for accuracy of land grades unless specifically contracted to do the grading. Neither will we be responsible for grade changes, settlings of backfills or soil around any plants or structures not installed by Hinsdale Nurseries, Inc.
PERMITS – Client shall be obtain and pay for all required permits and associated engineering or surveying work.
Hinsdale Nurseries, Inc. shall not be held liable for property damage to all secondary underground utilities (Gas grill line, irrigation lines, electric dog fence lines, etc.) The client is responsible to indicate these secondary utility lines, as well as mark all property boundaries. Hinsdale Nurseries, Inc. is responsible for contracting J.U.L.I.E, which is the underground utility locating service in Illinois, and will be contacted 48 hours in advance of schedule work. Hinsdale Nurseries, Inc. shall not be responsible for work delays caused by any labor disturbances, accidents, fires, delays in transportation, weather, or other conditions or causes of delay which are beyond due control. Any hidden obstruction at time of planting such as old concrete, asphalt, or heavy clay, which would influence damage and subsequent growth of plants, nullifies this warranty for such plants.
The foregoing warranty is in lieu of and excludes all other warranties not expressly set forth herein, whether expressed or implied by operation of law or otherwise, including but not limited to any implied warranties of merchantability or fitness. Seller shall not be liable for incidental or consequential losses, damages or expenses or other causes relating thereof and seller’s liability hereunder is expressly limited to the replacement of goods plus us of Hinsdale Nurseries, Inc. labor or at the Seller’s election to the repayment of or crediting Buyer with an amount equal to the purchase price of such plants or goods where such claims are for breach of contract or warranty of negligence. There are no warranties, which extended beyond this Limited Warranty.
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