Policy & Terms
Plant material furnished by Whispering Hills Nursery & Landscaping, Inc. is guaranteed to be true to name.
Should an error occur, the limit of our liability shall be the amount for said plant.
Nursery stock furnished by Whispering Hills Nursery & Landscaping, Inc. is guaranteed to grow for a period of one (1) year. Should a plant fail to survive, we will replace the plant for 100% of the full price paid if stock is installed by customer. If installed by Whispering Hills Nursery & Landscaping, Inc., we will replace the plant for the full price paid, including installation, for one (1) year from the date of installation. Annuals, Perennials, Groundcovers, Roses, Azaleas, Rhododendron are not guaranteed.
Should unfavorable soil conditions exist that would have an adverse effect on the plants to be installed, there will be an extra charge for all labor and material necessary to bring planting areas to a condition suitable for proper planting. Any plant which fails to grow within a one (1) year period (one full growing season), will be replaced based on the purchase price paid, which may be applied to nursery stock only. It is mutually agreed that the limit of our liability shall be one (1) replacement. Plants will not be replaced unless 100% dead. (evergreen = completely brown; deciduous = completely brittle; no life left in plant). Should an underground item arise (stump, rock etc) be found during planting, plants will need to be relocated to another suitable area or additional labor fees will be charged to remove item if possible.
Brick work guarantee
All workmanship is guaranteed for five (5) years. Maintenance items: replacing sand between bricks and re gluing of caps/steps, any damage caused by animals under rooting, and improper salt damage is excluded. Repair brick work is not guaranteed.
Terms & Conditions
Payment: $200.00 deposit, with net balance due immediately upon completion of work. It is agreed by both parties that all materials furnished by Whispering Hills Nursery & Landscape, Inc. shall remain the sole property of Whispering Hills Nursery & Landscaping, Inc. until such time as payment in full has been made. It is also agreed upon default on whole of any part upon maturity of payment, the purchaser authorizes any attorney to appear for him in court on any record and confess judgment without notice for such unpaid amount together with interest due (2% monthly) and costs, reasonable attorney fees included in the judgment.
Past due accounts will be charged a monthly service charge of 2% (24% annually). All service charges are collectable.
Plants and materials are subject to Illinois Retailer’s Occupational Tax.
This Guarantee Shall Be Void If:
- Full payment is not made.
- Damage by or misuse of salts or abrasive chemicals.
- Plants are installed in above ground planters.
- Misuse of motor or manual vehicles.
- Lack of proper maintenance (including over fertilizing)
- Any & all conditions beyond the contractor’s control.
- Any acts of negligence on the part of the purchaser.
- Acts of God.
- Over watering by customer or by use of in-ground irrigation.
WHOLESALE ITEMS ARE NOT GUARANTEED
Lawns: We use only premium quality fertilizer, grass seed, and workmanship. It is impossible to guarantee the growth of grass or have freedom from noxious weeds. The proper care of a newly seeded or sodded lawn is equally important as the original installation. To assure growth, it is very important to keep the lawn moist until root growth is established. Consequently, grass will then choke out germinating weed seeds which are present in all soils. Seed work carries no guarantee.
Disclaimer of Warranty
Whispering Hills Nursery & Landscaping, Inc. makes no other warranties except those expressly made herein and disclaims any and all implied warranties.
In the event the purchaser shall default before any work has been completed on the contract, Whispering Hills Nursery & Landscaping, Inc., reserves the right to keep the deposit as liquidated damages for nonperformance of the contract.
Whispering Hills shall not be held liable for any damage caused to underground utilities not marked by JULIE.
This includes irrigation systems & invisible pet fences.
NO CASH REFUNDS
Returns are not accepted on bulk material or stone- bagged goods may be returned if unopened & free from damage with manager approval.
Notice to purchaser
Do not sign this contract before you have read it. Upon signing you are entitled to a copy of this agreement.