Guarantee: All trees shall be under warranty for one year from the day of installation and at the same location of original planting.
This guarantee will be enforced commencing with the date the tree or trees are installed and full and satisfactory payment of the invoices, bills and late fees for installation, supplies and services.
Willowcreek’s obligations under this guarantee are conditional upon the owner of the tree or trees giving Willowcreek written notice of any defect immediately upon discovery, however, no later than five (5) days after the discovery of such defect or defects.
This guarantee covers only those defects occurring during the term of the guarantee and which defects are due to the health of the tree itself at the time of installation, or which defects originate from improper handling or planting by Willowcreek or its agents. It shall be the obligation of Willowcreek to replace such defective trees one (1) time, contingent to the above stated warranty coverage and time period, at no charge to the owner. Willowcreek shall provide the replacement tree or trees, not exceeding in value the original purchase price of the tree or trees that died. Any additional costs will be paid by the owner, including but not limited to: Planting and delivery labor, upgraded tree costs, treatment of other trees purchased, etc.
The guarantee does not cover defects resulting from natural conditions or acts of God, including but not limited to: fire, freezes, storms, drought, insects, hail, diseases, extreme heat, other acts of nature, etc.
Furthermore, the guarantee does not cover defects resulting from abuse or neglect, including but not limited to: damage, vandalism, theft or owner’s neglect, which includes underwatering, overwatering and poor drainage, introduction of a harmful chemical, etc.
Willowcreek shall not be liable for any incidental or consequential damages flowing from any defect.
This guarantee shall be void in the event that other competing plants are added to the property in proximity to the tree or trees, or any replanting work, trimming, fertilization or spraying is done to the tree or trees without Willowcreek’s prior written approval of the methods, materials and contractor to be employed.
Willowcreek’s failure at any time to enforce any of the terms or conditions stated herein shall not be construed as a waiver of such provision. Willowcreek’s obligation is limited to no more than the cost of the original purchase price of the tree or trees.
This guarantee is in lieu of all other warranties or guarantees whether expressed or implied, including any warranty of merchantability or fitness for a particular purpose. The remedies stated herein are exclusive remedies and Willowcreek shall not be responsible or liable for any indirect consequential or incidental damages or further loss of any kind whatsoever, including but not limited to, damage to fences, sod, other plants, concrete, foundations, perpetuation of insects or disease, etc.
The warranty is extended solely and exclusively to the owner of the tree and planting property at the time the tree is delivered or installed. It does not extend nor is it otherwise assignable or transferable to any other party.
Any controversy or claim arising out of or relating to this Warranty shall be settled by arbitration in Salt Lake City, Utah by the American Arbitration Association in accordance with the Construction Industry Arbitration Rules, and judgment upon the arbitration award may be entered in any court having jurisdiction thereof.