1. Guarantee: All materials are guaranteed to be as specified. All work is to be completed in a workmanlike manner according to standard industry practices. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Quantities listed are approximate and can vary depending on actual site measurements and layout. Minimum system requirements are 10 gallon per minute @ 40 psi, for city water supply or existing well supply.

2. Access to Customer’s Premises: You hereby grant to Contractor or any authorized agent, permission to enter the customer’s premises at reasonable hours to install, repair or service of the irrigation system.

3. Payment: You are responsible for the prompt of our invoices, which is due immediately upon receipt. A 1.5% interest per week will be charged on all past due invoices. A $30.00 charge on all unpaid checks. You agree to pay all associated collection fees for unpaid checks and/or unpaid balances, including a reasonable fee for a collection agency or attorney. Failure to be home on a scheduled appointment will result in a missed appointment fee unless cancelled at least 24 hours prior to schedule appointment. A 33% deposit is required at time of acceptance. All deposits are non-refundable after 72 hours from Contractors receipt thereof.

Any alteration or deviation from specifications involving extra costs will be executed only upon oral or written authorization, and will become an extra charge over and above the estimate, based upon Contractor’s normal hourly rate per man hour, plus materials list price, unless otherwise agreed upon.

4. Limited Warranty: All parts installed and labor performed by the Contractor will be warranted for a period of twelve (12) months unless otherwise agreed upon in writing by the Contractor. Contractor shall not be responsible for any consequential damages. If there is a defect in the Contractor’s workmanship or the materials provided, Contractor will repair or replace, at their option, the service or material without charge, unless material is covered by another written warranty, in which case, the warranty, excluding labor will apply.
Warranties shall not be extended to You until the Contractor is paid in full for all work performed. However, under no circumstances shall the warranty period be greater than (12) months, unless otherwise agreed upon in writing by the Contractor. It is further understood and acknowleged that all warranties extended under this contract shall become null and void if someone other than the Contractor, including the owner or occupant performs any work on the system.
Any and all warranties issued by the Contractor are not assignable, nor transferable without the expressed written approval of the Contractor.

5. Limitation of Liability: In no event shall Contractor have any liability for special indirect, incidental or consequential damages arising out of any work or materials furnished in connection with this order, including, but not limited to damage to your lawn, shrubs and/or landscaping. Contractor shall not be responsible for any damage to any water, electrical, cable television, gas lines or any other homeowner owned object unless flagged to Contractor’s satisfaction prior to the commencement of work. Prior to the commencement of any work, You or your representative shall notify the Contractor of all underground conditions which would be damaged during the installation or repair of the system. Contractor shall not be responsible for any damages to any underground condition which the Contractor was not made aware of prior to the start of the work or was not properly identified by You or your representative.

Contractor shall not be responsible for any damages caused to the system or work performed by the Contractor because of the elements, acts of God, acts of third parties, including the owner or occupant or any other damages resulting from actions beyond the Contractor’s control, to include act of terrorism or war.

Not responsible for failure of system due to dramatic fluctuations in water volume supplied by Public Water Systems and/or a well, mineral or chemical content of water or discoloration resulting thereof, for failure of system due to subsequent construction on property, owner’s negligence, weather conditions or Government Rules and or Regulations. No claim will be considered valid unless made written within ten (10) days from the receipt of invoices or work order.

Contractor shall not be responsible for any tree root damage caused to other parts of the existing landscaping or property in order to install the system.

6. This agreement shall not be assigned or transferred without the express written consent of the Contractor. Contractor reserves the right to amend and /or correct any error or omission in this contract.

7. The existence, validity, construction and effect of this agreement shall be governed by the laws of the State of Arizona and applicable federal law.

8. It is mutually agreed upon that this Agreement will apply to all further work that is requested and/or authorized by You, and performed by the Contractor. If a prior price has not been discussed or agreed upon it will be billable at our normal hourly rate per man-hour, plus materials at list price.

9. By paying this bill you are agreeing to all stipulations listed above.

10. This contract does not include any maintenance service. maintenance to a newly installed or newly repaired system will be charged a service call. In other words, we do not offer free checkups on newer systems. You will be charged a service fee if nothing is wrong with your system.

Guarantee and replacement policy

Purchasing customer must present original receipt to their
RGC sales associate with all problems or concerns.

RGC guarantees survival of transplanting of plants #5-Gal. & larger grown at RGC for 150 days from planted date*, only when planted by RGC & when the customer uses vitamin B1, in addition to being connected to a properly installed watering system approved by a RGC associate. RGC does not replace plants due to negligence, over or under watering, fungus, insect, animal, machine, pesticide, or weather damage, and soil that does not perk. RGC is not liable for H.O.A. requirements, or plant placement as chosen by customer. Clearance/discounted plants and plants purchased anywhere else are not guaranteed even when planted by RGC. RGC will only replace plants that are actually verified by a RGC associate as dead. #5-gal plants- return dead plant to RGC intact (roots & plant in bucket) along with original receipt. #15-gal or larger- first visit to verify a plant’s death is free. Subsequent visits will incur service fees. Removal of any plants #15-gal or larger by customer before an RGC associate replaces it or verifies death revokes all warranties. In all cases when a replacement is made, it will only be done once (delivery & planting fee required on warranty replacements). Additional replacements will require additional purchase, delivery, & planting charges. Waiting until the plant dies will revoke warranty.

*Citrus, Deciduous Flowering/Fruit Trees, & Sycamore are not guaranteed from May 15th – August 31st. *Ocotillos, Joshua Trees, Yuccas, Bare Root & Plants that were uprooted from the ground, or any other plants not grown at RGC or were purchased from another nursery cannot be guaranteed. Time and day of any scheduled Delivery/Planting is only an estimate, never a guarantee. Deliveries can only be dropped wherever our trucks can be backed up to.

Additional fees may be charged for delivery placement, multiple truckloads, large quantities, additional labor, re-delivery, or multiple stops to one or more locations. Please see associate for more details.

Planting fees do not include staking of trees.
Trees may be staked for an additional fee, see associate for current price (2 pole minimum per tree). Staking of trees provides no additional warranties of any kind.

All other plant material or any other living or non living thing sold at Richard’s Garden Center is not guaranteed! Returns if approved can only be exchanged with items of the same cost or for store credit only within 30 days of purchase. RGC gives no cash, credit, trade, or check refunds of any kind; in addition the item in question must be in original purchase condition. Opened packages or containers, broken items, dying or dead plant material cannot be returned or exchanged.
ALL SALES ARE FINAL: On all tools, chemicals, pottery, fountains, statuary, benches, all items made of concrete or clay, CD’s, DVD ROMs, all books, and Special orders/Brokered items. No exceptions. Returned items, cancelled delivery &/or plantings: customer will be charged a 15% or more restocking fee according to the condition of the pieces plus normal handling and transportation charges. Again for store credit only, within 30 days of purchase. Customer rejected delivery cannot be refunded. In all cases original sales receipt is required and must be returned by purchasing customer. Colors & varieties are not guaranteed if the plant is not fruiting or in bloom at time of sale.

If a legal dispute should arise under any circumstance, customer is responsible for all legal fees involved.

Policies and terms stated in this document are final and official terms of sale.

No RGC employee has authority to alter this or any other document, under any circumstances.

ALL PRICES & POLICIES STATED SUPERSEDE ALL PREVIOUS VERSIONS
AND ARE SUBJECT TO CHANGE WITHOUT NOTICE! after 5/02/18
Thank you for making your purchase at Richard’s Garden Center (RGC)

RGC is not responsible for damage to any pipe, wire, utility, or any other object buried where RGC digs, regardless if Blue Stake marks spots prior digging.

Planting fees are based on clean, vacant, un-landscaped soil and an additional hard dig fee will be billed to me if a hard dig(requiring more time than normal due to clay or rocky/abnormally hard soil) or obstruction (brick, gravel, grass, dead or living tree/plant, etc…) is present.

The planted prices/installation fees do not include removal or disposal of any existing living or dead trees/plants; if an existing tree, stump, or plant is not removed prior to installation I will be charged an additional removal fee and possible disposal fee.

Planting fees do not include staking of trees and that trees may be staked for an additional charge, and that staking provides no additional warranties.

Time and day of any scheduled delivery/planting is only an estimate and cannot be guaranteed.

I may also be charged fees due to the following:
No yard access at time of planting,
multiple truckloads,
large quantities,
any required additional labor,
multiple stops to the same or additional locations.

If I cannot be home for the installation placement when the delivery is scheduled, I must ask for flags to mark planting spot, unlock any access gates to planting areas, provide a hose for water, and lock up any animals on day of delivery.

RGC is not liable for plant placement as chosen by myself, or H.O.A. requirements, removal or moving a plant once installed will be subject to an additional fee at the driver’s discretion upon incident.

RGC guarantees plants #5-gal. and larger grown at RGC for 150 days from planted date*, only when planted by RGC and when I use vitamin B1, in addition to being connected to a properly set & installed clock run watering system approved by a RGC associate.

*Citrus, Deciduous Flowering/Fruit Trees, & Sycamore, are not guaranteed from May 15th – August 31st.

I must call RGC as soon as I see any sign of problems with any plants & that waiting until the plant dies will void any warranties if applicable.

RGC guarantees survival of transplanting of plants only and does not replace plants due to negligence, over or under watering, fungus, insect or animal damage, weather damage, hard freeze, act of god, or soil that does not perk.

RGC will only replace installed plants that are actually verified by a RGC associate as dead.

RGC gives no cash, credit, trade, or check refunds of any kind; returned items or cancelled orders will be charged a minimum 15% or more restocking fee according to the condition of the items in question.

All cancelled delivery and plantings including normal handling and transportation charges are not refundable.

Removal of any plants #15-gal or larger by me before an RGC associate replaces it or verifies death revokes all warranties. Any replacement is made only once (delivery and planting fee required on all warranty replacements). Additional replacements will require additional purchase, delivery, and planting charges.

All Changes must be made 48 hours prior to delivery and/or install date.

I must present original receipt to original sales associate when approaching RGC with any problems, concerns, or changes.

If a legal dispute should arise under any circumstance, I am responsible for all legal fees involved.

The policies and terms stated in this document are final and official terms and no RGC employee has authority to alter this or any other document, under any circumstances.