Term and Conditions - JFC Landscaping and Sod

The following terms and conditions shall apply to any product purchased from JFC Landscaping and Sod. The purchaser or other person accessing JFC Landscaping and Sod’s website shall be referred to as “Customer.” JFC Landscaping and Sod provides Customer access to the JFC Landscaping and Sod website via computer or wireless device on the condition that said access is subject to the terms and conditions set forth below, including all documents, policies and guidelines incorporated therein, if any.

PLEASE READ ALL TERMS AND CONDITIONS CAREFULLY.

By accessing the JFC Landscaping and Sod website, Customer agrees to be bound by the terms and conditions set forth below.

Customer is responsible for the providing complete and accurate information as to
quantities ordered, delivery location, and method of payments. Customer is solely responsible for any errors or delays in delivery caused by incorrect information provided by Customer.

All deliveries will be made to the property line where it meets public access at the address provided by Customer. Delivery is not guaranteed to specific areas of the property. The location of all deliveries shall be at the sole discretion of JFC Landscaping and Sod. If the customer requests delivery on the property, delivery on the property will be made solely at the discretion of JFC Landscaping and Sod and based on the ability of the driver to safely do so. JFC Landscaping and Sod will not be liable for any damage to any property that occurs during delivery including, but not limited to, tire ruts, cracked irrigation lines, damaged fences, or cracked pavement. The final decision as to whether to make an on-property delivery will be in the sole discretion of JFC Landscaping and Sod after the driver has seen the property and the requested delivery position. Sales are final and sod may not be returned if driver determines it is unsafe for an “on property” delivery in which case the sod will be delivered to and set at property line on public access. Please read JFC Landscaping and Sod’s complete Delivery Policy for more information on deliveries.

Please read these Terms and Conditions carefully before accessing or using JFC Landscaping and Sod’s website. By accessing orusing any part of the site, Customer agrees to be bound by these Terms and Conditions. If Customer does not agree to all the terms and conditions of this agreement, then they may not access the website or use any services.

1. All sod must be placed and installed within 24 hours of delivery and properly maintained by Customer.

2. Sod may only be returned with JFC Landscaping and Sod’s consent.

3. Prices of JFC Landscaping and Sod products are subject to change without notice.

4. JFC Landscaping and Sod reserves the right to refuse service for any reason at any time.

5. Customer must report any delivery or quality issues, including shortages, to JFC Landscaping and Sodwithin 24 hours of delivery of sod.

6. JFC Landscaping and Sod offers a 3 month guarantee when purchased sod is installed by JFC Landscaping and Sod professionals. However, if the Customer does not use JFC Landscaping and Sod install services, JFC Landscaping and Sod does not warranty against any installation issues including, but not limited to,improper installation, lack of water, improper site preparation, over fertilization, or negligent installation. When not using JFC Landscaping and Sod install services, Customer is responsible for proper sod installation and sod care.

7. When using our delivery services, you acknowledge that JFC Landscaping and Sod is not liable for damages incurred on your property. JFC Landscaping and Sod is not responsible for any damage that may be caused to the client’s property during delivery by any of our trucks, vehicles, specialized delivery equipment or personal. It is the customers and/or customer’s representative’s responsibility to provide and install any protection to the customer’s property that may be required for deliveries.

8. Applications of pre-emergent, post emergent, or other weed reducers or killers are done at the customer’s risk and JFC Landscaping and Sod shall not be responsible or liable for the results, or lack of results, of same.

9. Cancellations of orders, where permitted, must be made not less than two business days before the scheduled delivery date and may only be accepted at JFC Landscaping and Sod’s sole discretion after that time.

10. JFC Landscaping and Sod may cancel delivery at any time based on weather conditions. JFC Landscaping and Sod will attempt to give at least 12 hours notice of cancellation where and when conditions permit.

11. Delivery times are approximate and JFC Landscaping and Sod shall not be liable or responsible for shipping or delivery delays.

12. In any event, JFC Landscaping and Sod’s liability is at all times limited to the cost of sod ordered and shall not exceed that amount. In no event shall JFC Landscaping and Sod be liable for any indirect, direct, remote, consequential, or special damages and shall not be liable for damages related to loss of profits or loss of use.

13. Claims for shortages must be reported immediately and verified by an independent party at the customer’s sole expense.

14. If sod installations are handled by independent contractors who are not hired by or working under the supervision of JFC Landscaping and Sod, then any installation issues must be handled directly with the contractor and JFC Landscaping and Sod will have no responsibility or liability for same.

15. If sod is installed out-of-season JFC Landscaping and Sod does not warrant or guarantee it will come out when its season begins.

16. Sod shade tolerance is approximate and JFC Landscaping and Sod will not be responsible or liable if there is inadequate light to allow proper growth of any installation. Customer is sole responsible for verifying all site conditions.

17. Customer acknowledges that insects and pests are a naturally occurring element in sod and other agricultural products and that JFC Landscaping and Sod is not responsible or liable for insects or pests living in any sod before or after installation or previously in the ground, surrounding area, or dirt at the farm, the installation site, or otherwise.

18. Customer acknowledges that weeds are a naturally occurring element in sod and other agriculture products and that JFC Landscaping and Sod is not responsible for any weeds that occur after the sod is installed or that are present in the sod but not obvious on visual inspection.

19. Customer authorizes any bank to deduct checking and or savings payment(s) from the indicated checking and or savings account immediately upon the submission of each

order.

20. If a payment profile is or has been created, customer authorizes JFC Landscaping and Sod to charge any credit or debit card payments to customer’s credit or debit card(s) and customer further authorizes customer’s bank to deduct any checking and savings payment(s) from customer’s checking or savings account immediately upon the submission of each order or to renew membership.

21. If JFC Landscaping and Sod is unable to secure funds from customer’s credit or debit card(s) or customer’s bank for any reason, including, but not limited to, insufficient funds in customer’s credit or debit card or bank account or insufficient or inaccurate information provided by customer when submitting customer’s electronic payment, JFC Landscaping and Sod may undertake further collection action, including application of fees to the extent permitted by law or hereunder.

22. Customer’s cooperation is essential to the proper and timely fulfillment of customer’s order and customer agrees to provide all information requested by JFC Landscaping and Sod or necessary to full complete and deliver customer’s order.

23. All issues related to Customer’s order, all related transactions and the construction or application of these terms shall be determined in accordance with the laws of the State of Florida.

24. By submitting an order with JFC Landscaping and Sod, Customer acknowledges that it has read all terms and conditions, understands same, and agrees to bound by each.

25. The information and descriptions contained in JFC Landscaping and Sod’s website are intended as general information and are not necessarily complete descriptions. Product availability varies and is subject to verification. Description of a product or service on JFC Landscaping and Sod’s website does not constitute an offer to sell until availability is verified.

26. The information contained in JFC Landscaping and Sod’s website was believed to be accurate at the time it was posted. JFC Landscaping and Sod periodically updates the information on its website. However, JFC Landscaping and Sod does not accept responsibility for the timeliness of the information at the time it may be accessed nor does it accept any liability for any errors or omissions therein.

27. JFC Landscaping and Sod’s website may contain links to other Internet sites (“third-party sites”) that are not controlled or maintained by JFC Landscaping and Sod. These links, if any, are provided as a convenience to visitors to JFC Landscaping and Sod’s site. JFC Landscaping and Sod is not responsible for and makes no warranties or representations about the contents of any third-party websites nor does it approve, endorse or certify information available at any third-party website or linked addresses contained herein.

28. The Customer’s order together with these terms and conditions constitute the entire agreement between the parties and all prior agreements or discussions are merged herein.

No agreement between the parties made prior to, during the placement of this order, or subsequent thereto shall be binding upon either party unless made in writing as an amendment to this order and these terms and conditions which must be duly signed by both parties.

29. The terms and conditions set forth herein may be changed or modified from time to time in the sole discretion of JFC Landscaping and Sod. If changed, JFC Landscaping and Sod will post the new terms and conditions on its website. Changes or modifications will be effective upon posting to the website. Customer’s accessing or using JFC Landscaping and Sod‘s website following any changes or modifications will constitute Customer’s acceptances of all terms and conditions as revised.

30. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

31. You agree to indemnify, defend and hold harmless JFC Landscaping and Sod and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

32. These terms and conditions shall be deemed to be and construed as a part of an agreement between the parties and shall be enforceable in a court of law in the same manner as any other contract. The parties agree that these terms and conditions shall be admissible in any court or arbitration proceeding.

Questions about the Terms and Conditions of JFC Landscaping and Sod can be directed to our Contact Us page at www. jssodclub.com/contact-us/