Warranty Information/Terms & Conditions
We offer a one year limited warranty for all woody plant material installed by STLS. ( We cannot offer a warranty on plants not installed by STLS.)
What is the difference between a woody plant, perennials and/or annuals?
In our warranty, STLS defines a woody plant that is either a shrub or tree having multiple permanent stems branching from or near the ground and/or trunk. Woody plants may be deciduous, meaning they shed their leaves for a season, or an evergreen, meaning they keep their leaves and/or canopy throughout all four seasons. Perennials are plants, once installed, may appear dormant for a season and return year after year. While still having a somewhat tender root system, they can provide years of enjoyment . Annuals are plants with a life cycle that last 1 year and must be replanted from starts or seed.
What is not included in the warranty?
· Perennials and annuals are excluded from this warranty as they are not a woody plant.
· Plants that have been transplanted are excluded from the warranty.
· Replacement of plants that die or have been affected by extreme weather conditions such as drought, prolonged low/high temperatures, early and late season frost, severe freezes, floods, damaging winds, etc. These are things out of our control and not the result of a plant quality issue. Therefore, we do not warranty.
· Replacement of plants that are damaged or die as a result of insect infestation or disease. If you should encounter these issues, we can apply controls for a reasonable fee.
· Replacement of plants that are injured or die as a result of improper cultural practices such as over or under watering/fertilizing or damage from chemical applications, etc.
· Due to shallow root systems and/or susceptibility to moisture and temperature extremes, we do not warranty plants in pots or planter boxes, annuals, groundcovers, and bulbs.
· Due to the delicate root structure of sod and seeding along with our inability to control weather conditions, watering and/or irrigation when installed, STLS does not warranty seed and sod installation.
TERMS & CONDITIONS:
- ALL DEPOSITS ARE NON-REFUNDABLE
- SPENCER’S TREE & LANDSCAPE SOLUTIONS, LLC AGREES TO FURNISH LABOR AND MATERIALS AND IS AUTHORIZED BY YOU TO PERFORM SCOPE OF WORK TO THE PROPERTY AT THE ADDRESS SHOWN ON THE TOP OF THIS AGREEMENT. YOU REPRESENT AND WARRANT TO SPENCERS TREE & LANDSCAPE SOLUTIONS, LLC THE RIGHT TO PERFORM SCOPE OF WORK TO THE PROPERTY IN ACCORDANCE WITH THIS AGREEMENT. THE PROCEDURES USED WILL BE DETERMINED SOLELY BY SPENCER’S TREE & LANDSCAPE SOLUTIONS, LLC.
- BECAUSE THE SIZE OF YOU PROPERTY IS A SIGNIFICANT FACTOR IN DETERMINING THE COST OF SPENCER’S TREE & LANDSCAPE SOLUTIONS, LLC SERVICES, SPENCER’S TREE & LANDSCAPE SOLUTIONS, LLC MAY INCREASE THE SPECIFIED CHARGES PROPORTIONALLY TO REFLECT ANY ADDITIONAL COSTS INCURRED SHOULD YOU ADD ADDITIONAL PROPERTY UNDER THE AGREEMENT. IF YOU DO NOT AGREE TO PAY SUCH ADDITIONAL COSTS, SPENCER’S TREE & LANDSCAPE SOLUTIONS, LLC MAY TERMINATE THIS AGREEMENT UNTIL ADDITIONAL COSTS HAVE BEEN AGREED UPON.
- IN THE EVENT THAT YOU FAIL TO MAKE PAYMENT WHEN DUE, SPENCER’S TREE & LANDSCAPE SOLUTIONS, LLC RESERVES THE RIGHT TO TERMINATE THIS AGREEMENT. A LATE SERVICE FEE EQUAL TO THE LESSER OF 1.5% PER MONTH (18% A.P.R.) OR THE MAXIMUM INTEREST RATE ALLOWED BY LAW WILL BE CHARGED ON ANY BALANCE UNPAID OVER THIRTY (30) DAYS. A SERVICE CHARGE OF $30.00 WILL BE CHARGED FOR ANY RETURNED CHECK. SHOULD IT BECOME NECESSARY TO BRING AN ACTION TO COLLECT AMOUNTS DUE UNDER THIS AGREEMENT, YOU AGREE TO PAY ALL COSTS OF SUCH COLLECTION INCLUDING REASONABLE ATTORNEY’S FEES AND COURT COSTS.
- EITHER PARTY RESERVES THE RIGHT TO TERMINATE THIS AGREEMENT FOR CAUSE, CONVENIENCE OR ANY REASON WHATSOEVER BY PROVIDING THIRTY (30) DAYS WRITTEN NOTICE. A 20% CANCELATION FEE WILL APPLY.
- IN THE EVENT THIS AGREEMENT IS TERMINATED BEFORE THE EXPIRATION OF ITS FULL TERM, YOU AGREE TO PAY THE ACTUAL COST OF THE SERVICES RENDERED PLUS A 20% CANCELATION FEE ON THE REMAINDER OF THE CONTRACTED AMOUNT TO COVER RESTOCKING AND / OR ADMINISTRATIVE COSTS. SPENCER’S TREE & LANDSCAPE SOLUTIONS, LLC IS SOLELY RESPONSIBLE FOR DETERMINING THE AMOUNT OR QUANTITY OF WORK AND MATERIALS RENDERED.
- YOU AGREE TO NOTIFY SPENCER’S TREE & LANDSCAPE SOLUTIONS, LLC IN WRITING IN THE EVENT THAT YOU SELL THE PROPERTY, WHICH IS THE SUBJECT OF THIS AGREEMENT. THIS AGREEMENT SHALL BE TERMINATED UPON RECEIPT BY SPENCER’S TREE & LANDSCAPE SOLUTIONS, LLC OF YOUR WRITTEN NOTICE THAT YOU HAVE SOLD THE PROPERTY.
- SPENCER’S TREE & LANDSCAPE SOLUTIONS, LLC IS RESPONSIBLE FOR DIRECT DAMAGE, BUT IS NOT RESPONSIBLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OR RESULTING FROM THE PERFORMANCE OR NONPERFORMANCE OF ANY OBLIGATIONS UNDER THIS AGREEMENT.
- IF ANY CONFLICTS EXIST IN THIS AGREEMENT BETWEEN TERMS WHICH ARE PRINTED AND THOSE WHICH ARE TYPED OR WRITTEN, THE TYPED OR WRITTEN TERMS SHALL GOVERN.
- THIS CUSTOMER SERVICE AGREEMENT IS ONLY VALID IF ACCEPTED BY THE CUSTOMER WITHIN THIRTY (30) DAYS OF THE DATE SUBMITTED TO THE CUSTOMER.
- DUE TO THE INHERIT DANGERS ASSOCIATED WITH LAWN MAINTENANCE AND LANDSCAPE EQUIPMENT, TREE SERVICE AND SNOW EXQUIPMENT, ALL PERSONS NOT ASSOCIATED WITH SPENCER’S TREE & LANDSCAPE SOLUTIONS, LLC ARE REQUIRED TO BE INSIDE OF A SECURE PERMANENT STRUCTURE AWAY FROM WINDOWS OR TO STAY OUTSIDE OF A 100’ ONE HUNDRED FEET RADIUS OF ALL OPERATING EQUIPMENT AT ALL TIMES. SPENCER’S TREE & LANDSCAPE SOLUTIONS, LLC WILL NOT BE HELD RESPONSIBILE FOR PERSONS INJURED DUE TO ENTERING THIS DANGER ZONE OR CROSSING BARIERS, CONES, DANGER/ CAUTION TAPE OR SIGNS POSTED IN OR AROUND OUR WORK AREA.
- DUE TO UNFORESEEN WEATHER CONDITIONS, SPENCER’S TREE & LANDSCAPE SOLUTIONS, LLC MAKES NO WARRANTY OR GUARANTEE TO THE EXACT TIME PERIOD WORK IS STARTED OR FINISHED AND TIME PERIOD BETWEEN MOWING, CHEMICAL TREATMENTS, NOR ANY OTHER TYPE OF WORK PERFORMED.