Common use of Planting Clause in Contracts

Planting. The Contractor guarantees that all plants and trees will be inherently healthy when supplied. Planting and maintenance guidance is available on request, however responsibility for loss after the first growing season, cannot be accepted since site conditions are beyond the Contractors control 15.1 We offer an establishment guarantee of 3 months on all stock we have supplied and planted. Deciduous items planted outside the growing season (from September through to March) have an extended guarantee to the end of the May. 15.2 Our guarantee policy: (a) The above establishment guarantee is subject to certain conditions described below. In the rare occurrence of plant failure we will do our utmost to replace the plant with one of the same specification. Where exact replacements are not available an alternative choice will be offered. We will remove the original plant and replant the new one in its place at no extra charge. (b) All trees must be secured using a stake and tie at the time of planting. (c) This warranty does not cover malicious damage, vandalism and/or failure by the client, his employees/staff or subcontractors to provide adequate water to the plant(s) during the course of the warranty period. Acts of God such as storm, excessive wind, flooding, drought, earthquake and the like are not covered by the warranty. (d) For plants that are selected by the customer or the customer’s agent that are unsuitable for the soil, location or conditions in which they are planted, this guarantee does not apply. We will always try to advise as accurately as possible however all advice given is given to the best of our knowledge and without a site visit. (e) Damage by pests and diseases is not covered. (f) At no time will The Company be responsible for more than the value of the original plant(s) and delivery. (g) All sale items are sold without this guarantee. This includes sale items planted by us. 15.3 We will do our best to plant where the customer instructs us to however if planting is attempted and deemed not possible due to, including but not limited to, underground obstructions, inappropriate planting conditions or roots, we will discuss this with the customer. Should we be unable to make contact then the customer will become liable for any re-delivery and/or re-planting charges.

Planting. The Contractor guarantees that all plants and trees will be inherently healthy when supplied. Planting and maintenance guidance is available on request, however responsibility for loss after the first growing season, cannot be accepted since site conditions are beyond the Contractors control 15.1 We offer an establishment guarantee of 3 months on all stock we have supplied and planted. Deciduous items planted outside the growing season (from September through to March) have an extended guarantee to the end of the May. 15.2 Our guarantee policy: (a) The above establishment guarantee is subject to certain conditions described below. In the rare occurrence of plant failure we will do our utmost to replace the plant with one of the same specification. Where exact replacements are not available an alternative choice will be offered. We will remove the original plant and replant the new one in its place at no extra charge. (b) All trees must be secured using a stake and tie at the time of planting. (c) This warranty does not cover malicious damage, vandalism and/or failure by the client, his employees/staff or subcontractors to provide adequate water to the plant(s) during the course of the warranty period. Acts of God such as storm, excessive wind, flooding, drought, earthquake and the like are not covered by the warranty. (d) For plants that are selected by the customer or the customer’s agent that are unsuitable for the soil, location or conditions in which they are planted, this guarantee does not apply. We will always try to advise as accurately as possible however all advice given is given to the best of our knowledge and without a site visit. (e) Damage by pests and diseases is not covered. (f) At no time will The Company be responsible for more than the value of the original plant(s) and delivery. (g) All sale items are sold without this guarantee. This includes sale items planted by us. 15.3 We will do our best to plant where the customer instructs us to however if planting is attempted and deemed not possible due to, including but not limited to, underground obstructions, inappropriate planting conditions or roots, we will discuss this with the customer. Should we be unable to make contact then the customer will become liable for any re-delivery and/or re-planting charges.