Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site or our products.

Limited Warranty

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, mold, 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

Estimates

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.

Payments

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.

Permits

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.

Changes

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.

Ongoing Maintenance

Following installation of the Living Wall, the system must be provided with a regular maintenance from a qualified landscape maintenance professional.

Humidity

Customers should note that Living Walls create additional humidity in enclosed spaces. Additional ventilation may be required to prevent fogging and of nearby windows.

Infestation

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.

Irrigation Systems

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.

Termination

This agreement may be canceled by the customer by emailed notice to info@plantsowalls.com 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.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Plants On Walls. The collective work includes works that are licensed to Plants On Walls. Copyright 2003, Plants On Walls ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Plants On Walls or purchasing Plants On Walls products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Plants On Walls or to purchase Plants On Walls products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Plants On Walls. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of Plants On Walls used in the site are trademarks or registered trademarks of Plants On Walls

Warranty Disclaimer

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Plants On Walls disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Plants On Walls does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Plants On Walls does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

Plants On Walls shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Plants On Walls has been advised of the possibility of such damages.

Typographical Errors

In the event that a Plants On Walls product is mistakenly listed at an incorrect price, Plants On Walls reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Plants On Walls reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Plants On Walls shall issue a credit to your credit card account in the amount of the incorrect price.

Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Plants On Walls without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Plants On Walls may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Plants On Walls.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Georgia, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Plants On Walls products) shall be in the state or federal courts located in Atlanta, Georgia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Plants On Walls products) must be commenced within one (1) year after the claim or cause of action arises. Plants On Walls’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Plants On Walls may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Plants On Walls or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Plants On Walls does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Plants On Walls is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Plants On Walls reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Plants On Walls in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Plants On Walls, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, Plants On Walls may link to sites operated by third parties. However, even if the third party is affiliated with Plants On Walls, Plants On Walls has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Plants On Walls. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Plants On Walls seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work)

These Terms of Sale were last updated on August 24, 2018.