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Terms and Conditions

Limited Guarantee: Plant material furnished by Whispering Hills Nursery & Landscaping, Inc. is guaranteed to be true to name. Should an error occur, the limit of our liability shall be the amount for said plant.

Nursery stock furnished and installed by Whispering Hills Nursery & Landscaping, Inc. is guaranteed to grow for a period of two (2) years. Should a plant fail to survive, Whispering Hills will issue one replacement equaling 100% of the original price paid. If the customer desires to have their replacement installed by Whispering Hills, the original installation fee will apply, but the delivery fee will be covered by Whispering Hills.

Nursery stock furnished by Whispering Hills Nursery & Landscaping, Inc. and installed by the customer that fails to survive, is guaranteed for one (1) year from the date of purchase, for a replacement value equal to 50% of the original price paid. Replacement value will be in the form of store credit, applicable to plant material only.
Any plant material purchased at a discount of 50% or more does not carry a guarantee.

Annuals, Perennials, Groundcovers, Roses, Azaleas, Rhododendron and vines are not guaranteed.

Should unfavorable soil conditions exist that would have an adverse effect on the plants to be installed, there will be an extra charge for all labor and material necessary to bring planting areas to a condition suitable for proper planting. Any plant which fails to grow within a one (1) year period (one full growing season), will be replaced based on the purchase price paid, which may be applied to nursery stock only. It is mutually agreed that the limit of our liability shall be one (1) replacement. Plants will not be replaced unless 100% dead. (evergreen = completely brown; deciduous = completely brittle; no life left in plant). Should an underground item arise (stump, rock etc) be found during planting, plants will need to be relocated to another suitable area or additional labor fees will be charged to remove item if possible.

Brick work guarantee

All workmanship is guaranteed for five (5) years. Maintenance items: replacing sand between bricks and re gluing of caps/steps, any damage caused by animals under rooting, and improper salt damage is excluded. Repair brick work is not guaranteed.

Terms & Conditions

Payment: $200.00 deposit, with net balance due immediately upon completion of work. It is agreed by both parties that all materials furnished by Whispering Hills Nursery & Landscape, Inc. shall remain the sole property of Whispering Hills Nursery & Landscaping, Inc. until such time as payment in full has been made. It is also agreed upon default on whole of any part upon maturity of payment, the purchaser authorizes any attorney to appear for him in court on any record and confess judgment without notice for such unpaid amount together with interest due (2% monthly) and costs, reasonable attorney fees included in the judgment.

Service Charge

Past due accounts will be charged a monthly service charge of 2% (24% annually). All service charges are collectable.

Tax

Plants and materials are subject to Illinois Retailer’s Occupational Tax.

This Guarantee Shall Be Void If:

  1. Full payment is not made.
  2. Damage by or misuse of salts or abrasive chemicals.
  3. Plants are installed in above ground planters.
  4. Misuse of motor or manual vehicles.
  5. Lack of proper maintenance (including over fertilizing)
  6. Any & all conditions beyond the contractor’s control.
  7. Any acts of negligence on the part of the purchaser.
  8. Acts of God.
  9. Over watering by customer or by use of in-ground irrigation.

WHOLESALE ITEMS ARE NOT GUARANTEED

Unconditional Guarantee

Lawns: We use only premium quality fertilizer, grass seed, and workmanship. It is impossible to guarantee the growth of grass or have freedom from noxious weeds. The proper care of a newly seeded or sodded lawn is equally important as the original installation. To assure growth, it is very important to keep the lawn moist until root growth is established. Consequently, grass will then choke out germinating weed seeds which are present in all soils. Seed work carries no guarantee.

Disclaimer of Warranty

Whispering Hills Nursery & Landscaping, Inc. makes no other warranties except those expressly made herein and disclaims any and all implied warranties.

Default

In the event the purchaser shall default before any work has been completed on the contract, Whispering Hills Nursery & Landscaping, Inc., reserves the right to keep the deposit as liquidated damages for nonperformance of the contract.

Underground Utilities

Whispering Hills shall not be held liable for any damage caused to underground utilities not marked by JULIE.
This includes irrigation systems & invisible pet fences.

NO CASH REFUNDS

Returns are not accepted on bulk material or stone- bagged goods may be returned if unopened & free from damage with manager approval.

Notice to purchaser

Do not sign this contract before you have read it. Upon signing you are entitled to a copy of this agreement.