STORE PICK UP –
All sales are “as-is” upon receipt of merchandise, with no returns. Delivery is not guaranteed at a specific time, all times provided are based on an estimate. Any special request for drop of sod on job site is the customers responsibility to provide prior to delivery, this includes location of drop off. Customer assumes all responsibility for material, condition, and placement of pallet once drop off is made at the job site. It is highly recommended that the customer is on-site during delivery to assure material and delivery are satisfactory. If no instructions are made as to where to place delivery or customer is not there to receive such materials, the product will be dropped off on property driveway
Pickup is based on own risk to the customer, Sod Depot is not responsible for any damage made to personal property while on-site.
1. GOVERNING LAW AND VENUE: These terms shall be interpreted according to the laws of the State of Florida. In the event of a dispute regarding the terms of this purchase or in the event of action brought by JHL Landscape Supply LLC. to collect the unpaid balance, exclusive jurisdiction thereof shall be in the State of Florida with venue in Orange County. The prevailing party in such dispute, whether in or out of court, shall be entitled to all reasonable attorney’s fees and expenses incurred in the resolution of such dispute or in collection of the unpaid balance including finance charges.
2. DISCLAIMER OF WARRANTIES: NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND APPLY TO THE SOD MATERIALS WHICH ARE THE SUBJECT OF THIS AGREEMENT, EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN. ALL SOD MATERIAL IS SOLD “AS IS” AND “WITH ALL FAULTS“. SELLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BECAUSE THE PRODUCTIVITY OF SOD IS AFFECTED BY HORTICULTURAL PRACTICES AND ENVIRONMENTAL INFLUENCES BEYOND THE CONTROL OF THE SELLER, SELLER DISCLAIMS ANY AND ALL WARRANTIES OF PRODUCTIVITY INCLUDING BOTH TONNAGE AND QUALITY, THAT THE SOD MATERIALS ARE FREE FROM NON-VISIBLE DISEASES, VIRUSES, INSECTS OR OTHER LATENT DEFECTS, BUYER AGREES TO ASSUME THOSE RISKS.
3. CLAIMS: Sod Depot endeavors to provide stock that is in good growing condition at the time of delivery. We recognize, however, that occasionally newly planted sod will fail to grow due to circumstances beyond the control of either Buyer or Seller. As we are interested in our customers obtaining a successful planting, we offer the following CLAIMS policy: Within two (1) days of delivery: Claims must be filed for visible defects affecting the sod material and/or deviations thereof from the agreed specifications (including shortages and condition of sod). Seller shall have no liability for losses due to Buyer’s negligence, improper care, freezing, unreasonable use or abuse. This replacement policy is subject to availability of stock. Seller will not be liable for loss for sod that is being communicated forthcoming as “dormant” at the time of sale which takes place during the winter months of November – March on specific grasses. Such conditions will be identified at point of sale.
4. LIMITATION OF REMEDIES: SELLER SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ECONOMIC LOSS (INCLUDING LOST PROFITS), GROWING COSTS, INSPECTION, TRANSPORTATION ISSUES, AND OTHER SERVICES AND EXPENSES RELATING TO THE STOCK SOLD. BUYER AGREES THAT RECOVERY OF ANY KIND SHALL NOT EXCEED THE PURCHASE PRICE OF THE SPECIFIED SOD MATERIAL.
5. RISK OF LOSS OR DAMAGE: Buyer shall be responsible for all risk of loss or damage to the sod material from and after delivery to an independent carrier or Buyer, whichever delivery occurs first, and such loss shall not relieve Buyer from its obligations to seller hereunder.
6. CONTINGENCIES: The Seller shall be relieved of any obligations under the Contract in the event the Seller is unable to perform due to causes of forces beyond the Seller’s control and/or Acts of God, including but not limited to adverse weather conditions, drought, frost, hail, ice, snow, wind storms, disease, insects, fire, flood, labor shortages, crop failures, inventory errors, chemical damage, war, embargo, government regulations or restrictions, transportation problems, accidents, hurricanes, earthquakes, tornados or acts of terrorism. In the event that the plant materials ordered by the Buyer are not available to the Seller for any reason, the Seller shall provide the Buyer with the option of either substituting another product upon terms and conditions agreeable to both parties or rescinding the Contract. The plant materials unavailability shall not be deemed a breach of this Agreement.
7. It is the understanding of the paying customer that upon payment of such ordered material these Terms and Conditions apply with or without signed copy of ticket order and applies to both paying customer or third party vendor using such materials.
8. Deliveries: The customers is understanding that any and all deliveries provided by Sod Depot are at the discretion of the driver. Drivers will make every attempt to stage the pallets or drop of the material at the location set forth by the customer provided such locations provides ample room and clearance and abides by local safety ordinances. Customer is also understanding that such deliveries due to sure weight of materials and equipment used to offload materials exempts the seller from damages caused by such functions to include damages to concrete, existing sod, and underground pipping.
9. STORE LOADING: SELLER SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED TO VEHICLES, TRAILER, RENTAL EQUIPMENT CAUSED DURING LOADING OF ON SITE OF ANY OF OUR STORES. BUYER ASSUMES SUCH LIABILITY AND ACKNOWLEDGES THE RISK WITH LOADING SUCH HEAVY MATERIALS ONTO SUCH PERSONAL PROPERTY. BUYER RESERVES THE RIGHT TO LOAD SUCH MATERIALS MANUALY TO LIMIT SUCH LIABILITY BUT UNDERSTANDS SUCH RISK WHEN ENTERING SOD DEPOT PERSONAL PROPERTY AND REQUEST SUCH ACTIONS BE PERFORMED BY SOD DEPOT EQUIPMENT