These Terms of Sale are an integral part of and applicable to each purchase of products from Florafelt Corporation d/b/a Plants On Walls. By purchasing our products, each customer consents to these Terms of Sale.
All products are sold with a Limited Warranty. Notwithstanding any warranty, Plants on Walls disclaims any responsibility for damage to the product, plants or customer’s premises due to misuse, overloading, accident, casualty, damage, improper maintenance, alteration or any other cause not the result of defective design, material or workmanship. Any repairs/replacements made to the product after expiration of the warranty will be made at customer’s expense. No warranty will be honored unless payment has been received in full.
Limitation on Liability
Plants On Walls is not responsible or liable for care and maintenance of plants used in our Florafelt Living Wall panels, Recirc Living Wall systems, Compact Kit or any other products related to Plants On Walls. Plants On Walls is not responsible or liable for water damage to interior or exterior of buildings, homes, or finishes due to misuse or accidental moisture dripping from plants, lack of maintenance of watering systems, or for any reason for moisture damage or loss due to damages of any kind.
It is up to the purchaser to properly protect all surfaces from water exposure or overflow by providing water catchment drain trays and/or vapor barriers to areas of potential damage. Although our Living Wall Systems are easy to install, plant and maintain on your own, we also recommend to hire qualified landscape maintenance professionals to assist with plant selection, planting, watering, feeding, pest control, lighting, and general maintenance to assure optimal health for the Living Wall. Plants On Walls is not responsible and shall be held harmless for damage to buildings, water leakage, loss of plants, bodily harm, or any accidental damages of any kind. Plants On Walls does not provide installation services and makes no representation or warranty with respect to the services of any third party that installs its products.
Limited Liability for Installations
Plants On Walls estimates product prices based the information available at the time and its years of experience with customers. However, occasionally there may be a difference between the estimate and the final balance owed. This can be due to the actual materials required, customer changes or other factors. If the actual price is less than the estimated contract price, that amount will be discounted on the final payment due Plants On Walls. If the actual price is more than the estimated contract price, that additional amount will be added to the final payment due, and customer is responsible for payment of such amount.
Customer will pay Plants On Walls a non-refundable 50% deposit of the total invoice price upon submitting an order or acceptance of a proposal. Plants On Walls will invoice customer for the remaining 50% when work is substantially complete, as determined by Plants On Walls. Such invoice shall be paid by customer within 15 days of the invoice date.
If the total balance is not received by Plants On Walls by the end of the 15-day period, interest will accrue on the customer’s unpaid balance at the lesser of 1.5% interest per month or the maximum interest rate permitted by applicable law. Failure to pay within 15 days of the invoice date will constitute breach of this agreement, and customer shall be responsible for all costs of collecting any remaining balance, including attorneys’ fees.
Customer is responsible for securing all permits necessary for installation of our products.
PROJECT START AND COMPLETION
An estimate of the number of days to complete the contracted work and an expected start date may be provided as a courtesy. However, there might be delays in the beginning date or completion date due to poor weather or other circumstances beyond the control of Plants On Walls. Those delays will not alter or invalidate any part of our contract, nor will they entitle customer to additional rights under the contract.
On rare occasions, circumstances arise beyond the control of Plants On Walls that may prevent construction of the project exactly as planned. Although Plants On Walls will use commercially reasonable efforts to minimize this impact on the design and construction, customer acknowledges this possibility and agrees to cooperate with Plants on Walls in all necessary design adjustments.
If the customer wishes to change any part of the project after ordering our products, but prior to commencement of product installation, which results in additional material or labor costs for Plants On Walls or results in delays in the completion of the project, these costs will be added to the remaining balance of the contract and billed as part of the original agreement. Any such changes in the design or contract, whether the changes result in additional time, cost, or neither, must be made in writing and signed by both parties using a Change Order Form. Each change made by customer during installation will result in a $100 charge in addition to any additional charges for materials or labor that are incurred by Plants On Walls as a result of the change. Such $100 charge will apply regardless of the impact of the change on labor or material costs.
Following installation of the Living Wall, the system must be provided with a regular maintenance from a qualified landscape maintenance professional.
Customers should note that Living Walls create additional humidity in enclosed spaces. Additional ventilation may be required to prevent fogging and of nearby windows.
In certain circumstances, insects may infest Living Walls and/or may be brought in with new plant material. If infestation becomes a problem, a botanical consultant may be required to provide proper correction of the problem. If the problem is unresolvable, all plants may require removal for system bleaching. In which case all plants must be replace with new plants in the Living Wall. Plants On Walls is not responsible for the quality or potential problems with plants, including but not limited to insects; however, plant providers and/or nurseries may have guaranteed the plants.
Plants On Walls claims no liability or responsibility for operation, maintenance, or failure of irrigation systems, including but not limited to any irrigation systems we provide. Any malfunction of equipment must be handled directly with the manufacturer. Drip irrigation tubing must be inspected regularly to ensure adequate and even water flow. Tubing and emitters or soaker-hoses can become clogged at any time and may need to be fully replaced. Pressure Regulators can become defective over time and need to be checked for proper operation. Excessive pressure or regular maintenance of plants can cause irrigation tubing connections to come loose and spray water at any time. All connections should be periodically inspected to avoid unexpected water flow. Timers and valves may fail for any reason including loss of power, low timer batteries, disconnected water source, valve failure, wires disconnected by tampering or rodents.
Living Walls must be constantly monitored to ensure regular watering. During any outage of the automatic system, immediate action must be taken to prevent plant loss which may include daily hand watering until the automatic system is restored. Water filters must be replaced on a regular basis depending on the purity of local water sources. Failure to keep filter replaced may cause water flow to stop. Water filtering is required to remove excessive mineral buildup in the system and remove chlorine which helps maintain proper pH and microbial activity in roots. Food injectors must be checked and maintained to ensure proper operation. Injectors may require yearly replacement of parts as specified by the manufacturer. Liquid food supplies must be topped off and made available to ensure proper feeding of plants. Proper food type and concentration must be maintained for the type of plants selected. Consult with plant supplier to determine the type and concentration for hydroponic constant feeding required to provide optimal growth for the plants chosen.
Irrigation system connections can leak at any time therefore proper drainage and drip pans beneath all water connections must be provided. Plants On Walls is not responsible for loss of plant material, operation of irrigation systems or for any damage or labor costs incurred, or duress caused by irrigation systems used in our Living Wall panels and systems.
This agreement may be canceled by the customer by emailed notice to [email protected] before midnight the third business day after customer has placed the order. If after that time customer wishes to terminate this contract, customer must give Plants On Walls three (3) days advance emailed notice. Plants On Walls will retain any monies paid by customer up to the effective date of any termination and is entitled to any expenses for materials or other expenses for preparation incurred by Plants On Walls.
These Terms of Sale were last updated on August 24, 2018.