Outdoor Classic Structures LLC, (Warrantor) warrants all exterior nursery provided and installed by them to be true to name, healthy at time of installation and capable of living for six months from the date of installation and will replace dead nursery with as similar a plant as is available or a refund at Warrantor’s option, without cost to the Purchaser, providing death occurs within the stated period.
• Any nursery which has not been given reasonable and proper care by the Purchaser, or any product which has had improper use.
• Losses due to drought, frost, fire, flood, tornado, other severe weather conditions (e.g. extreme winter weather, USDA Zone 6B), vandalism, theft, animals, mowers or other mechanical contact, lack of — or excess — moisture, or other factors beyond control of the Warrantor.
• Any nursery which has been deemed by Warrantor to have had improper applications of pesticides, fertilizer or other supplemental agents.
• Any nursery planted and/or transplanted at Purchaser’s property that was not supplied by the Warrantor at time of said planting and/or transplanting.
• Nursery not graded for Zone 6B by the USDA. Work not funded by Purchaser within terms of agreement.
• Annuals, ornamental grasses, turf seed or sod.
Purchaser is responsible for providing the following maintenance:
• Watering all plants-this should be done by thoroughly wetting the root-soil mass every five to ten days during the growing season provided there has not been at least one inch of rain in the interim period. Do not over-water plants, as this can cause as much trouble as not enough water.
• Pest Control: Keep plants free of injurious insects and diseases by timely and proper controls.
• Cultivation: Keep plants free of weeds.
• Notify Warrantor immediately of any suspected problems.
In the event underground utilities, major rocks, or other obstructions are encountered in excavation of planting areas or pits, other locations for the plant material may be selected with the consent of the Purchaser. Any obstructions that have to be removed will be charged to the Purchaser, or Purchaser’s Representative, on a time basis of $36.00 per man hour plus disposal. Equipment, if needed, is fee additional.