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Terms and Conditions

Budget Plants requires that every customer read this document in it’s entirety and agree to the conditions prior to purchase.

Please Note:

Budget Plants hereinafter called ‘Company’ shall have the purchaser, hereinafter called ‘Client’ read and understand the following prior to making purchase.

General:

1) Company is not responsible for installation error for any reason by homeowner and/or contractor.

2) Company shall be released from all liabilities, which includes but is not limited to the following: 1. Liens placed upon property. 2. Plant death for any reason. 3. Any damages or injuries to property or persons that may occur upon delivery of plant material.

4) Company is not responsible for: 1. Any condition unsuitable for planting any plant species such as climate, sun/shade conditions, soil type, etc. 2. Accuracy in description of plant material. Client shall verify any and all information provided by Company regarding and plant material and their characteristics. 3. Timeliness of delivery. Client shall be given a window for delivery time (if client asks for window). Company may or may not deliver during this expressed or implied window of time. 4. Plant death for any reason. Once plant material is delivered and accepted, the plant(s) is the responsibility of the Customer to give proper care to the plant. 5. Information about the plant given on budgetplants.com. This information is deemed reliable but not guaranteed. Customer is encouraged to perform due diligence on plant characteristics prior to ordering.

5) Pricing may vary and may change ant any given time and without warning.

6) Company may provide a Lien Release for plant material if requested.

7) Trademarked names are used in the contents of this website without any intent of infringement of copyrights, trademarks, or patents.

Returns:

1. Client may return any plant material upon delivery ONLY as per our ‘Send It Back’ policy. Client is responsible to make sure the undesired plant stays on the delivery truck and goes back with the driver. Any plant material that stays at the delivery location is considered acceptable and no refund will be issued. Any returned items will be inspected and the Client shall be issued a refund. Items that have been deemed healthy and up to industry landscape standard at inspection may be subject to a 10% restocking fee, therefore, only 90% of the plant cost (not including delivery) will be refunded. A full refund (not including delivery fees) will be given for plants that arrive in ‘sub-standard condition’.

Delivery:

1. If Client wants a specific location (within Companies acceptable parameters), Company will place the plants in this area. Client may specify where they wish the plants to go, such as, “in the driveway”, or “curb-side”. It is the responsibility of the Client to arrange for any city permits for drop locations of plant material that may infringe on city right-of-ways. However, delivery persons are not authorized to deliver plants more than 10 (ten) feet from the delivery truck (or within a safe distance determined by driver) nor travel up/down any stairs, embankments, etc. Delivery persons reserve the right NOT to carry/deliver plants to any location in which they feel they may be harmed/injured.

2. Client is urged to be home during delivery. If client is not home, plants will still be delivered in desired location consistent with Companies standards. If Client is not home, the Client waives the right to inspect and return any plant material and automatically accepts the entire delivery.

3. Company not responsible for plant theft of any kind, regardless of quantity.

Out of Stock Materials:

1. Materials may be out of stock at any given time without notice. Should the Client order material that is not available, the rest of the order will still be processed and the Client will be reimbursed for the unavailable material immediately. This will happen without notification.

Plant Material Sizing:

1. In some cases, Company shall provide the customer with an estimated size in which the plant material may arrive. Let it be noted that not every plant will come in at estimated size/shape and Customer can expect a reasonable variation. If customer is not satisfied with the plant, see policy regarding Returns.

Payments:

1. Most users will pay using PayPal. Company not responsible for any fraudulent activity with PayPal.

2. In some instances, a Client may pay with check (if acceptable by Company). Should the check come back ‘Non-Sufficient Funds’ (NSF), the Company may re-bill for the agreed upon amount plus an additional $40 for the returned check. Company may also bill maximum interest incurred legally permissible. Should payment not be resolved, Company may file a property lien and pursue maximum penalties.

Legal:

Should a case arise in which Company have a suit filed against it by Client, and Company wins suit, Company may pursue compensation from Client for any legal/court fees incurred during process.

Agree:

“I, as the Client, release Company of any claims, damages, and/or liabilities. I have read, understand and agree with the above terms and conditions.”