Terms and Conditions
Terms:
Net 30 days only for approved accounts. Past due accounts subject to a service charge of 2% per month (24% per annum) on the unpaid balance. Minimum of $2.00. If legal action is necessary to collect, buyer agrees to pay reasonable attorney’s fees and costs. Prices are subject to change without notice. Merchandise is not returnable after 3 days for exchange or credit. No cash refunds. 25% restocking charge. Estimates/Quotes are valid for 30 days from date quoted. A credit card fee of 3.5%, when used, will be added to invoice total.
NOTE: On landscape work, the law requires that if we are not paid upon the completion of the installation or maintenance, we are required to file a Preliminary Mechanic’s Lien, unless mutually agreed upon before the start of the job.
Welcome to the Plants Unlimited, Inc. website, applications, mobile apps, and other tools (the “Site”). Thank you for visiting and learning more about Plants Unlimited, Inc.
It is important to us that you, and our other visitors, have a special experience while using the Site and that when you use this Site you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms of Use (“Terms”) as the legally binding terms to govern your use of this Site. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE, BECAUSE THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
The registration and use of Plants Unlimited, Inc. services shall be subject to the separate terms and conditions of the Plants Unlimited, Inc. User Service Agreement, as modified from time to time.
By using this website you consent to the following Terms and Conditions of Use. Additionally, These Terms and Conditions are also incorporated by reference to all sales receipts issued at our facilities.
Please read carefully before using this website. If you (your agent, assign, person designated in charge of project, person receiving/directing delivery of material, herein referred to as “Customer”) do not agree to these terms and conditions, please do not use this website.
Product
You agree that the products and services are provided on an “As Is” and “As Available” basis. We are not liable to you if we are unable to supply a particular item. If an item you would like is out-of-stock or if we are unable to supply a particular item we will contact you within a reasonable time frame of receiving your order to communicate the status of your order. We are not liable to you if we fail to communicate the status of your order within a reasonable time frame.
Loading & Delivery Policy
Plants Unlimited, Inc. (Supplier) makes use of a variety of equipment and trucks to provide the services required for loading and delivery of our products. The size of trucks and equipment required to make such deliveries can cause damage to customer’s property. Supplier will only deliver material to the street curb in front of Customer’s property. Customer may direct Supplier to make delivery beyond the street curb, with the understanding that Customer assumes all risk and liability that may result from damage to any or all walks, driveways, buildings, foundations, pavers, patios, utilities (above and below ground), trees, lawn, landscaping, irrigation systems, neighboring property(ies), or any other damage(s) that may result from delivery to, or beyond, the street curb.
Customer understands that material may fall, bump, etc. into, onto, around the Customer’s vehicle during the material loading process. Customer agrees that Supplier is not responsible for any damage that may result from the loading process.
Customer agrees to defend Supplier from any claims any other party may make related to Supplier making delivery to Customer. Notwithstanding, Supplier’s driver, agent, or assign may refuse any direction that Customer gives if the driver, agent, or assign feels it is unsafe or may cause undue damage or harm to their-self or others.
Customer is required to obtain all permits, licenses, clearances, or other permission(s) that may be required to receive products from Supplier. By placing order with Supplier, and allowing Supplier to deliver material to the street curb, Customer is providing Supplier full assurance that they have obtained proper permits for materials to be delivered to their location.
Customer agrees to hold Supplier and its employees, agents, affiliates, suppliers, or assigns, harmless from any and all liability resulting from the delivery of products to Customer.
Delivery Date
No deliveries are made on Sunday. Supplier is not able to guarantee a specific time or date, but will make every effort to deliver material on the day requested by the Customer. Supplier will contact Customer to confirm order and to solidify schedule for delivery.
Understanding that we are in the Bay Area, there are times when traffic conditions may require delivery schedules to be amended. We make extraordinary effort to prevent having to reschedule deliveries, and try to communicate with Customer about any scheduling issues that may arise. Supplier is not liable for any costs or damages that may result from delay of delivery, or failure to notify about delay of delivery.
Delivery Cancellation
Due to the fact that scheduling a delivery for the Customer prevents Supplier from being able to deliver other material to another customer at that time, we require at least 24 hour notice to cancel a delivery. If an order is canceled less than 24 hours, and the Supplier is unable to fill the canceled time slot, the delivery fee will not be refunded to the Customer. If Supplier is able to fill the canceled delivery with another order, then Supplier will refund the canceled delivery fee.
Stacking Fees
Supplier’s staff may at times be asked by Customer to unload and stack materials by hand. Customer understands that a stacking fee will be charged at the time the service is rendered and that such stacking fees are not refundable.
Customer is required to provide specific instructions on stacking locations and to be present when materials are being stacked to make sure the job is completed to customer’s satisfaction at the time the service is being rendered.
Supplier will not return to move, stack, or restack material unless a new Stacking Fee is agreed upon between Supplier and Customer.
Product Description
Supplier attempts to be as accurate as possible when describing the products and presenting photographs of the products. Customer understands that descriptions, colors, images, or other content of this site may contain errors, or be incomplete. This is not an attempt to be misleading, we just recognize that we are human and a mistake can occur. Customer should contact Supplier to request clarification of product details before placing an order.
Supplier makes a reasonable effort to source quality products for resale. Products that are sourced from “recycled” materials may contain contaminants which are customary to the industry as allowed by law or regulation. For example, compost may contain small pieces of glass or plastic, as these types of contaminants are often found in the compost feedstock. The Customer’s use of any product sourced from recycled material is at the risk of the Customer with the understanding that these materials likely contain some amount of contaminant material.
Customer agrees to hold Supplier harmless from any and all damages that may result from the use of recycled products.
Some products like rock cobbles and flagstone may vary in color and style. This is normal and customary for natural products, however, even some “man-made” products will have some variety. We source quality products from reliable manufacturers and processors to minimize the risk of these varieties. Product returns will not be allowed for variety differences.
Transfer of Title of Product
Customer obtains title to product at the moment delivery of the product has been made to Customer’s property or Customer’s vehicle. Customer may refuse title to product if product does not meet the requirement of Customer. Refusal of title to product MUST be made BEFORE the product is unloaded to customer’s property. Therefore, Customer must inspect material BEFORE it is unloaded to their property.
Return Policy
Supplier will allow returns and refunds for unopened pre-packaged products only. There is a 35% restocking fee for all returned items. There are no returns allowed for bulk materials, un-banded (opened) pallets, or special order products. Supplier will not pick up materials that are to be returned.
Ownership, License & Restrictions On Use
The content of this Site is the intellectual property of Supplier. Your use of the Site does not grant you any rights, either intentionally or by implication, to the names, images, pictures, logos and icons identifying Supplier’s products and services contained on the Site. Any copying, republication, or redistribution of this Site’s content, including by caching, framing or any similar means, without the prior written consent of Supplier is prohibited. Supplier shall not be liable for any errors in content, or for any action taken in reliance thereon.
Environmental Fee & Regulatory Cost Recovery Fee
Plants Unlimited, Inc. is committed to providing our recycling services in a safe and efficient manner. Environmentally related and regulatory related compliance costs are something that are difficult to control and continue to increase year after year. The purpose of these surcharges is to help us cover costs and achieve an acceptable operating margin. The Environmental Fee and Regulatory Cost Recovery Fee are fees imposed by our company to help us cover costs associated with our entire enterprise, not a specific cost, fee, or program. It is not a tax or surcharge required by, or specifically paid to, any regulatory jurisdiction. The collected fees will help us continue to operate in a safe and environmentally sound manner.