Terms and Conditions of Sale

Ball Nurseries, LLC

Phoenix AZ

1.Transplant warranty for trees & plants installed by Ball Nurseries is three (3) months from the original planting date. Limited to 1 replacement tree per tree purchased. The current delivery charge applies to all warranty orders. Replacement plants size 5 gal. or less, to be picked up and replaced by original customer with original receipt. For plants not installed by Ball Nurseries, no warranty is provided. Clearance items are never warranted, regardless of who performs the planting.

NOTE: An additional extended warranty is available for purchase. Please ask staff for details. (The extended warranty has additional terms and conditions)

2.ALL SALES ARE FINAL AT TIME OF PURCHASE.

3.Cancelled orders (including deposits / layaways) are subject to a mandatory 15% cancellation fee. No exceptions.

4.Commercial/wholesale sales are subject to a 25% restocking fee for trees/plants that were tagged at the nursery and rejected at the jobsite.

5.Crane fees, if necessary, are not included and are paid additionally by customer (including replacement trees)

6.Ball Nurseries is not liable for customer’s H.O.A. acceptance or denial of plant material or rock/gravel. It is the customer’s responsibility to inform Ball Nurseries of any and all restrictions of customer’s H.O.A. prior to the time of purchase.

7.Any changes to this invoice must be made at least (2) business days prior to the planting date.

8.Removal of raised earth wells voids warranty.

9.Customer is responsible for getting sufficient water to all trees and plants after they have been installed.

10.Warranty applies only to the transplant survivability of plant material.

11.Warranty does not cover expected growth rate, fruit production, location of planted tree or any other perceived features of the tree / plant variety.

12.Warranty does not cover negligent care, pest or weather related damage (i.e. wind, freeze, hail etc.). (Double staking does not provide any additional warranty against weather damage)

13.Unless stated on front of the invoice, double staking and extended warranty are declined.

14.For Multi-trunk Trees: Warranty does not apply to individual branches or trunks; only the entire tree.

15.Palm trees planted with fronds tied up are to be cut open by customer no sooner than 4 weeks and no later than 10 weeks after the initial planting date to insure transplant survival.

16.Returned (NSF) checks subject to $30.00 fee.

17.Approved refunds are for store credit only. (No Cash Reimbursement)

18.Will call / layaway and Pick Up orders expire 12 months from initial payment.

19.Store credits expire 12 months after issuance.

20.Ball Nurseries is not responsible for any damages caused by the following: (Please take this into consideration when choosing locations to have items planted)

   A.Normal digging or planting of trees anywhere on customer’s property.

   B.Moving trees to the planting location. (i.e. across patios, walkways, pool decks, curbing etc.)

   C.Encountering underground pipes, pool pipes, irrigation lines or other utilities, while digging and / or planting.

21.Ball Nurseries  hand-digs for cautious excavation to avoid damage to underground piping/utility lines. However, it is ultimately the customer’s responsibility to have these underground lines marked prior to the work being started. Any non-municipality underground lines are solely the responsibility of the customer and may incur a repair charge if damaged due to lines not being marked prior to work.

22.Delivery time quotes are courtesy estimates only. Delivery time is never guaranteed.

23.If a delivery and/or planting job is unable to be completed as scheduled due to inclement weather conditions, it will be rescheduled with the customer’s consent for the next available delivery date.

24.An additional get to the job fee applies if Ball Nurseries can’t perform work as scheduled due to:

   A.No access to planting area at time of delivery.

   B.Location to plant is not clearly designated for all items.

   C.Pets not restrained that may be of risk to Ball Nurseries’s personnel.

25.Ball Nurseries  is not responsible for pets not restrained during job.

26.Ball Nurseries DOES NOT perform any work that is not on invoice, this includes:

   A.Removing trees, vegetation, or tree stumps.

   B.Adding irrigation lines/emitters.

   C.Hauling off dirt, rock, boulders, or any other debris.

27.Gift cards/gift certificates can not be replaced or refunded if lost. They have no cash value, and can not be returned for a refund.

28. If any action is brought to enforce or interpret any provision of this document and Ball Nurseries prevails or successfully settles the matter, the customer shall be responsible for any and all attorney’s fees, court costs, and any other expenses incurred in proceeding with the matter.

29.These are official terms of sale. No other terms, verbal, written or implied are valid. Release, Hold Harmless and Indemnification To the fullest extent permitted by law, Owner agrees to release, hold harmless and indemnify Ball Nurseries LLC  its agents and employees for any and all damages incurred by Owner, any family member of Owner, or any licensee, social guest or trespasser on Owner’s property arising out of any work performed on Owner’s Property by Ball Nurseries LLC, its agents or employees. This Release includes any and all claims arising out of any negligence or misconduct of Ball Nurseries LLC  its agent or employees. Owner further agrees to indemnify, defend and hold harmless Ball Nurseries LLC and its officers, directors, agents and employees from and against claims, damages, losses and expenses including but not limited to attorneys’ fees arising out of or resulting from the negligence or misconduct of Contractor in connection with the performance of the Work described in this Agreement.