Fox Hill Gardens plants are carefully grown, and if handled with proper care and grown under adequate conditions, they should thrive and flourish. We know you would not expect free replacement of perishable material lost due to conditions beyond our control, such as extremes of heat or cold, excessive or inadequate water, improper planting procedure or site selection, or neglect.
We guarantee our trees, shrubs, and herbaceous perennial plants to be of excellent quality, insect and disease free, and in good growing condition upon installation. Our planting procedures and techniques adhere to currently accepted horticultural and landscape practice, and we continually review new planting practices. After the plant material is installed, we will assume limited liability for its survivability. Fox Hill Gardens’ plants are carefully grown and attended. If provided with proper care after installation, they should grow and flourish.
Our design process thoroughly evaluates the aesthetic aspect of plant placement and also considers, most importantly, the cultural requirements of each plant with regard to available sunlight, climatic exposure, soil type sensitivity, and adaptability to droughty or poorly drained soils. There are various microclimates in this area, including both zones 5 and 6. We will guarantee all zone 5 and hardier plants. Zone 6 plants can be planted without a warranty. If we install our plant material at a site not associated with a Fox Hill Gardens design, we will determine whether the requested plants are appropriate for the location from a cultural aspect, as well as provide our aesthetic opinion. We may suggest a different location or another plant. If the client still wishes to use a plant in a particular area despite our advice against it for survivability reasons, we can plant it without a warranty. If a client does not contract Fox Hill Gardens for mulch application, the guarantee will take effect only if the mulch is applied within 1 week after planting is completed.
Subsequent to landscape project installation we cannot be responsible for the loss of perishable plant material due to conditions beyond our control, such as natural or artificial extremes of heat or cold, excessive or insufficient moisture due to flooding, over-watering, natural drought, or inadequate watering. Similarly, we cannot be liable for loss or damage caused by extremes in weather such as wind, snow, ice, hail, etc., or damage or loss from man, machine, rodents, insects, or pathogenic soil or air-borne organisms. We will be responsible for watering planted and unplanted material for the duration of the landscape installation process. After installation is complete, the client is responsible for the care of the new landscape. Please read the accompanying Plant Care Information for important information, as there are care requirements in order for warranty claims to be valid.
Fox Hill Gardens will offer a 100 % one time-per-plant warranty for trees and shrubs that have died, exclusive of the conditions in paragraph 3, provided payment terms are honored pursuant to proposal agreement and the plants are properly cared for (see Plant Care sheet). The warranty will be for one year following planting, and a one-time replacement per plant, when it is shown that reasonable care (especially proper watering, see our plant care page) for the plant value only. Replanting will be charged at normal planting rates. The client may pick up their replacements (or equivalent credit) at the nursery, or request delivery. Delivery will be charged at normal delivery rates. Please call within one year, or as soon as you determine your plantings may be having a problem. Perennials will be guaranteed for the growing season in which they are planted. Because of the sensitive nature of annual bedding plants, we are not able to guarantee survivability for this group of plants, nor can we guarantee plants of any type planted in containers.
The replacement value credit is the sum of the nursery price and sales tax. Because plant material is living and sometimes requires many years to grow to saleable size, availability is affected by natural elements and demand. Thus, we may not be able to provide the exact variety or size replacement plant immediately if we do not have it at the nursery, or cannot practically special order it, particularly later in the season. If a client requires plants to be replaced sooner than our normal ordering process that we maintain with our standard suppliers, we can search other sources. In this case, if a source is located, the client would pay the difference between the replacement value credit and the special order plant’s associated shipping or procurement charges.
A client may desire existing, on-site plants to be transplanted, for which we may agree from an aesthetic or cultural view. We are happy to attempt to transplant certain existing landscape plants but cannot offer any survivability guarantee. We will offer our opinion of survival probability based on any experience we have had with similar transplanting situations.
Thank you for your business, and may your gardens flourish!
Your Friends at Fox Hill Gardens