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guarentees/do i have to replace them?

Discussion in 'Landscape Architecture and Design' started by bobbygedd, May 7, 2003.

  1. bobbygedd

    bobbygedd LawnSite Fanatic
    from NJ
    Posts: 10,178

    planted about 45 peices of shrubbery last july(that was my first mistake, we had a very bad heat wave here for months) . we give a 6 month guarentee in which we promise to have planted top quality stock, in a proffesional manner. we are however, not responsible for acts of god(excessive heat, cold, snow) now here is where my uncertainty comes in. customer called us in november, said alot of the plants were dead. i went out, and alot were dead, but there was a row of 15 emerald greens, that looked great. i told the client i would be back this spring to replace the dead shrubs. i feel i used poor judgement planting them in a heat wave. now, i went back last week, and the row of arbs was also dead! i mean like, skeletons, not any green at all. she wants me to also replace the arbs, which i kind of feel im not responsible for, they looked great in november. perhaps the rough winter we had here killed them? question is, would u guys replace the arbs also?
  2. fblandscape

    fblandscape Banned
    Posts: 776

    Did the woman water the shrubs at all during the heat wave? If not, she's SOL. The arbs is a personal call, I probably would ask for a couple bucks to replace them.
  3. kris

    kris LawnSite Bronze Member
    from nowhere
    Posts: 1,579

    I don't call heat - cold - snow acts of god ....do the right thing and replace them all.
  4. dan deutekom

    dan deutekom LawnSite Senior Member
    Posts: 424

    Replace it all. It is the right thing to do. Heat, cold and snow are not acts of God when it comes to plant guarantee. Fire might be:rolleyes:
  5. PAPS

    PAPS LawnSite Senior Member
    Posts: 404

    i would replace every single one of those shrubs without a question asked. Heat and cold are covered under ANY guarantee.
  6. gvlawncare

    gvlawncare LawnSite Member
    Posts: 25

    I agrree that heat and cold are not acts of god, but if they were not properly cared for during the heat (watering), it shouldn't be covered. You have to make the decision. It would be good business to repace them however.
  7. kris

    kris LawnSite Bronze Member
    from nowhere
    Posts: 1,579

    gv ... if you can prove or even want to try and prove that they didn't water then perhaps you would have a case.
    I've run into this many times ... customer says they watered and your pretty darn sure they didn't ...what are you going to do? You have to be professional and replace the plants ... if planted properly and specific care instructions were given and you still have your doubts that the customer is going to care for them then do a few drive by checks and hopefully you can prevent it.
  8. bobbygedd

    bobbygedd LawnSite Fanatic
    from NJ
    Posts: 10,178

    plants were NOT watered for the first 3 days. i know this because i watered them after instalation, i returned 3 days later to check everything out, and they were wilted and looking very bad. i contacted client to tell them i again watered, and they need to be watered daily. she said she was going out"this weekend" to purchase sprinklers and so on so she could water. i returned several days later, and everything was set up nicely(hoses etc.) im satisfied that at this point they began to be properly watered. but , rain, heat, snow, not acts of god??? i know one thing for sure, i didnt make it snow, or make it be 105 degrees for 3 months straight. now, if it wasnt me, or god, was it one of you?
  9. kris

    kris LawnSite Bronze Member
    from nowhere
    Posts: 1,579

    Bobby ..what do you want from us? You asked ..we gave our opinion ... anything short of an event that their own insurance would cover (tornado ..something like that) then I would replace the shrubs.
  10. paul

    paul Lawnsite Addict
    Posts: 1,625

    I don't think you get it, plants die for some reason, But it's your reputation on line. You replace them! If you where really worried about them you should have waited untill fall to install them. Moving plant material during the heat of summer means there are more chances of you losing them.

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