would you replace these?

Discussion in 'Lawn Mowing' started by bobbygedd, Nov 22, 2004.

  1. bobbygedd

    bobbygedd LawnSite Fanatic
    from NJ
    Posts: 10,178

    i put in a row of shrubbery for a steady client. i gave a 6 month guarentee. the guarentee is void, if the customer applies anything to the plants. they hired a chain fertilizing service to care for the plants. these guys came like 5 times, and sprayed i don't know what on the plants, but a couple times it was in 95+ temps. they are all dead. who is liable?
     
  2. Duramax99

    Duramax99 LawnSite Member
    Posts: 203

    Does your contract say that it is void when outside parties come in and do things to the plants.

    In this care I would say you are not liable. We offer a two-year garantee on all the plants that we plant. This usually means that we will get the IPM's out of it too.
     
  3. Mo Green

    Mo Green LawnSite Bronze Member
    Posts: 1,487

    If the company sprayed those plants upon customer request, then its no different than if the customer did it himself. I would say that you are within your legal rights to void the warranty.
     
  4. moremowing4me

    moremowing4me LawnSite Member
    from S.C.
    Posts: 148

    I surely wouldn't replace them if they hired anybody else to do work to them. If they wanted them fertilized they should have had you do it assuming that you are their regular service professional
     
  5. olderthandirt

    olderthandirt LawnSite Platinum Member
    from here
    Posts: 4,900

    H.ell NO!!!!!!! Let the chain fertilizing service replace them. You have no idea what was put on them.

    Mac
     
  6. sethsodsquad

    sethsodsquad LawnSite Member
    Posts: 182

    Let that fertilizing service come back and spray something that'll bring the plants back to life. Obviously they are doing something wrong - 5 times?!!!!

    Seth
     
  7. Ric

    Ric LawnSite Fanatic
    Posts: 11,957

    BooBy


    I am surprised that a Highly Skilled Agronomist like your self would for go the opportunity To vertical market your Talent.
     
  8. geogunn

    geogunn LawnSite Gold Member
    from TN
    Posts: 3,010

    can this be........you have a guarantee in a contract that says: if the customer cares for their plants, their warranty is void. but your same contract doesn't have a cancelation clause? yes or no?

    GEO
     
  9. bobbygedd

    bobbygedd LawnSite Fanatic
    from NJ
    Posts: 10,178

    you can't cancel a row of shrubbery idiot. stick to feeding starved dogs, this is way too much for you
     
  10. geogunn

    geogunn LawnSite Gold Member
    from TN
    Posts: 3,010

    easy KINKO BOY--I know you understand what I mean. the other post about the topsoil and the plants that they canceled you on.

    and you didn't know what to do about your dirt.

    you explained your contract had no provision for cancelation as well as you have no provision for a meteor strike.........

    so I am asking a legit question! tell us about your contract so that we can comment on your request for help.

    does your contract cover the homeowner careing for the plants but in the case of contract alterations and meteor strikes, there is no discussion?

    can you scan and post a copy of the contract so we can try to understand???

    GEO
     

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