Express Limited Warranty: Limitation on Liability: Rosehill provides the following limited warranty on landscape labor and materials.
a) All plant materials are true to name, accurately graded, and in a healthy growing condition when they leave the nursery. Rosehill will replace once, at no charge, any plants installed by Rosehill that fail to grow for a period of two years after the date of planting (one year after purchase date for plants purchased from, but not installed by Rosehill) provided the plants have had adequate care and have not been damaged. Rosehill is not obligated to replace plants and does not make any warranty with respect to plants damaged due to abnormal weather conditions (e.g., extreme winter or summer temperature, flood, tornado) fire, vandalism, theft, animals, lack of or excess moisture, or other factors beyond our control. The following are excluded from the above warranty; Annuals, vegetables, specialty roses, and plants in planter boxes and urns, and any trees and shrubs that have not been given reasonable and proper care, or any instance in which a product has been improperly used on the plants. Transplanted plants are not be covered by warranty. Any plant material purchased at a discount of 50% or greater or any plant material expressly stating that there is no warranty at the time of purchase will not be will not be covered under Rosehill’s warranty. Any plants purchased for the purpose of wholesale will not be covered under Rosehill’s warranty.
b) Customer agrees that Rosehill shall not: (i)be liable for losses or damages caused by persons or entities who are not controlled by or under contract with Rosehill: (ii)liable for losses or damages caused by, resulting from, contributed to or aggravated by earth movement, landslide, mudflow, earth sinking, earth rising, earth shifting or subsidence of land; (iii) be liable for damages, losses, or extra expense due to underground foreign material such as construction debris, rock, heavily compacted sub-soil, trees stumps, roots, utilities and sprinkler systems and/or any other unforeseen obstructions.
(c) This warranty shall be void if any invoice or statement has not been paid in accordance with the Payment Terms set forth below.
(d) ROSEHILL MAKES NO WARRANTYIES OTHER THAT THE EXPRESS LIMITED WARRANTY SPECIFICALLY SET FORTH ABOVE. ROSEHILL DISCLAIMS, AND CUSTOMER HERBY WAIVES ANY AND ALL CONTRACT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY. THE SPECIFIC LIMITED WARRANTY SET FORTH IN THIS CONTRACT DOES NOT COVER PERSONAL INJURY, DAMAGE TO PERSONAL WAIVER, DISCLAIMER AND LIMITAION OF REMEDY SHALL NOT APPLY TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IF AND TO THE EXTENT SUCH WARRANTIES ARE IMPLIED BY LAW IN THIS TRANSACTION, OR THEIR DISCLAIMER IS PROHIBITED BY LAW. THE SUBSEQUENT OWNER OR OCCUPANT OF THE PROPERTY WHERE THE WORK IS PROVIDED, OR TO ANY OTHER PERSON OR ENTITY.
(e) The success or failure of plants depends on their care, good soil, sufficient water and adequate drainage. These are necessary for plants to live and thrive, and are required in order for Rosehill’s warranty to be valid.