Support, Return, Warranty & Policies
Terms and Conditions
The company means Custom Garden Solutions, Inc. (may be referred to as CGS).
The customer means any person contracting with the company for the supply of products or services.
These conditions may only be modified by a variation in writing signed on behalf of the company by an authorized executive of CGS.
Submission of a purchase online will be taken as agreement to these conditions of sale.
Invoices; Payments. -Online/Internet or Credit card payments are 100% due upon sale and will be charged upon sale unless agreed to in writing prior to the sale. Non Online/non-Internet Payment terms are 50% down payment with signed agreement and 50% prior to installation beginning. On any past due invoice, CGS may charge (i) interest from the payment due date to the date of payment at 1.5% per 30 day period, plus reasonable attorney fees, court costs and collection costs; or (ii) the maximum amount that is allowed under the applicable law if the interest rate is deemed invalid. If Customer defaults on any payment under this Agreement or payments become more than 30 days past due the Seller may reschedule or cancel any outstanding delivery and declare all outstanding invoices due and payable immediately. Product Warranties. CGS warrants that Products sold hereunder will conform to the description set forth in Exhibit A .EXCEPT AS PROVIDED IN THE PRECEDING SENTENCE, ALL PRODUCTS ARE SOLD “AS-IS”, “WHERE IS”, “WITH ALL FAULTS”, AND WITHOUT WARRANTY OR REPRESENTATION EITHER EXPRESS OR IMPLIED AS TO (A) THE VALUE OF THE PRODUCTS, (B) MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, (C) THE RIGHT TO THE QUIET ENJOYMENT OF THE PRODUCTS, (D) THE DESIGN, CONDITION, OR QUALITY OF MATERIAL OR WORKMANSHIP IN THE PRODUCTS, (E) THE PRESENCE OR ABSENCE OF ANY HAZARDOUS SUBSTANCES IN, UNDER, OR ON, OR DISPOSED OF, OR DISCHARGED FROM THE PRODUCTS; OR (F) ANY OTHER MATTER WHATSOEVER, IT BEING AGREED THAT ALL SUCH RISKS, AS BETWEEN CGS AND CUSTOMER, ARE TO BE BORNE BY CUSTOMER.
Transfer of Title. Title, risk of loss and all other incidents of ownership to the Products shall be transferred to Customer at the time when delivered to Customer’s delivery location. Customer may not reject Product prior to, upon or after Custom Garden Solutions, Inc. delivery or installation. For products delivered by carrier (FedEx, UPS, USPS, Roadrunner, etc.) Title shall pass to Customer upon delivery of the Products to the carrier. CGS 's delivery dates are estimates only and subject to timely receipt of supplies by CGS . CGS is not liable for delays in delivery. CGS reserves the right to make partial deliveries and Customer will accept delivery and pay for the Products delivered. A delayed delivery of any part of an Order does not entitle Customer to cancel other deliveries. Some orders may not meet expected delivery times for any reason and customers cannot cancel, receive credit, return or dispute these orders due to the shipment not meeting expected delivery times. Assignment. Neither party may assign or delegate this Agreement without the prior written consent of the other party, except that CGS may assign this Agreement to any subsidiary, parent, affiliated company or other contractor without Customer’s consent.
Confidentiality. The customer agrees not to use or disclose information that they may obtain during the course of performing this Agreement concerning the Products, pricing, operations, plans and procedures of the CGS without the prior written consent of the CGS, except as otherwise required by applicable law, subpoena or court order. CGS may film video, record audio and take pictures for marketing, advertisement and other purposes such as but not limited customer installations, installation process, products, product use, deliveries and other related activities without customers consent both on and off the customer site to use on social media (such as YouTube, Facebook, Twitter and others), CGS website, other websites, at tradeshows, in brochures, user guides and other miscellaneous related areas.
Limitation of Liability. In no case shall CGS be liable to Customer for consequential, incidental, indirect, punitive or special damages, including commercial loss or lost profits, directly or indirectly arising from this Agreement or in connection with the Products or Customer’s use of the Products. With regard liability related to Product failing to conform to the specifications, in no case shall CGS ’s liability under this Agreement exceed the purchase price of such Product. To the extent permitted by law, neither CGS nor its employees or agents are liable for and Customer is not entitled to any indirect, special, incidental, punitive or consequential damages (for example, loss of profits or revenue, loss of use, rework, manufacturing expense, injury to reputation, or loss of Customers) including commercial loss or lost profits, directly or indirectly arising from this Agreement or in connection with the Products or Customer’s use of the Products. With regard liability related to CGS or its employees or agents, in no case shall CGS ’s liability under this Agreement exceed the purchase price of such Product. To the extent permitted by applicable law, Customer's recovery from CGS for any direct damages will not exceed the price of the Product at issue. To the extent the preceding limitation of liability is deemed invalid under applicable law, CGS 's total liability in any event will not exceed USD 1,000 or the equivalent thereof. Customer will indemnify, defend and hold CGS harmless from any claims based on: (i) CGS 's compliance with Customer's designs, specifications, or instructions, (ii) modification of any Product by anyone other than CGS , or (iii) use of Products in combination with other products.
The undersigned (or customer), and for the undersigned’s successors, assigns, heirs, executors and administrators, releases and holds harmless CGS, its officers, agents and employees for any and all injuries, both to person and property, regardless of severity, arising out of or related in any way to the delivery of, or use of, any materials delivered per this agreement, including, without limitation, injuries that occur, in whole or in part, due to any act, negligent, reckless, intentional or otherwise, by or on behalf of CGS its officers, agents or employees.
The undersigned (customer), and for the undersigned’s successors, assigns, heirs, executors and administrators, shall indemnify and hold harmless CGS, its officers, agents and employees, from any and all liability, actions, causes of action, claims, debts and demands of any kind and nature, including costs, expenses and attorney’s fees, incurred by the CGS, its officers, agents or employees, as a result of, arising out of or related to any act or omission, intentional, reckless, negligent or otherwise, by the undersigned during the course of the delivery or use of any materials delivered per this agreement;
FORCES BEYOND CGS 'S CONTROL. CGS is not liable for failure to fulfill its obligations under this Agreement due to causes beyond its reasonable control (for example: acts of nature, acts or omissions of the Customer, operational disruptions, man-made or natural disasters, epidemic medical crises, jury duty, war, personnel medical, materials shortages, strikes, criminal acts, delays in delivery or transportation, or inability to obtain labor or materials through its regular sources).
Product Return. Customer may return Products to CGS only with a return material authorization ("RMA") number issued by CGS . Customer must notify CGS in writing of any damage to the outer packaging or the Products, shortage, or other discrepancy ("Visual Defect") within 24 hours after receipt of the shipment; otherwise, Customer is deemed to have accepted the Products and may not revoke acceptance. RMAs will be issued only for Visual Defects created solely by CGS or the original manufacturer, and only if Customer satisfies the notice requirement. RMAs will not be granted for damage, shortage, or other discrepancy created by Customer, the carrier or freight provider, or any other third party. At CGS 's discretion, CGS will return all Products not eligible for return to Customer, freight collect, or hold Product for Customer's account at Customer's expense. CGS is not responsible for any warranties for any items unless an exception is provided in writing prior to the sale. CGS will review all return requests and is not required to provide any returns unless agrees to in writing by CGS authorized executive. All disputes will be final resolution will be provided by CGS authorized executive and will be final.
Miscellaneous. This Agreement shall be construed in accordance with the laws of the state where CGS ’s principal place of business is located (Illinois). CGS shall not be in default for its failure to perform or delay inperformance caused by events or significant threats of events beyond its reasonable control, whether or not foreseeable, including, but not limited to, strikes, labor trouble, riots, imposition of laws or governmental orders, fires, acts of war or terrorism, and acts of God, and the affected party shall be excused from performance during the occurrence of such events. This Agreement represent the entire agreement regarding the Products and supersedes the terms and conditions contained in any other communications, purchase or work orders, bids or proposals exchanged between the parties for the Products.
So that we can assist you quickly and professionally contact Custom Garden Solutions, Inc. regarding any credit card questions or inquiries, credit card disputes, credit card chargebacks, credit card receipt requests or other information requests and not the credit card company. These requests can usually be responded to without contacting the credit card company. No credit card charges will be disputed, reversed or revised for any reason after 7 days from the sales/invoice date without the consent of CGS. Images, pricing, product codes and other descriptions may contain errors or typographical inaccuracies in some cases and we are not responsible for these instances and reserve the right to not accept these orders.
Online/Internet order shipments will be shipped via the methods available in the drop down choices during checkout. The methods available may vary for different items. Orders are normally shipped the same day. If an item is not available we will contact you via the email address provided by the customer. Some orders may not meet expected delivery times for any reason and customers cannot cancel, receive credit, return or dispute these orders due to the shipment not meeting expected delivery times.
MOST ITEMS WILL SHIP WITHIN 24 HOURS OF ORDERING, BACKORDERS CAN TAKE 3-5 ADDITIONAL BUSINESS DAYS. CURRENTLY WE ARE ONLY OPERATING/SHIPPING IN THE CONTINENTAL UNITED STATES
If you require a signed proof of delivery from UPS, FedEx, USPS or other carrier for your delivery you must contact CGS prior to placing your order and receive written confirmation from an authorized CGS representative. If you do not request this in writing prior to your purchase and do not receive permission in writing from us prior to placing your order you will be responsible for the cost of the order in the event it is not delivered for any reason including but not limited to being stolen, lost, or other. There may be a slight increase in price for orders that require signed proof of delivery from UPS or FedEx for your delivery.
For checks that have nonsufficient funds, that “bounce”, or are cancelled or for any reason do not clear for the total amount due will be charged an additional $50.00 fee or the maximum amount that is allowed under the applicable law if the $50.00 rate is deemed invalid. The parties agree to use electronic signatures and agree that any electronic signatures will be legally valid, effective, and enforceable.
The unenforceability of any of these terms or conditions will not affect the remainder of the terms or conditions.
The additional terms and condition below pertain to deliveries and use of compost, soil, mulch, turf, rock, gravel, and all related items.
1. General In these conditions of sale: The company means Custom Garden Solutions, Inc. (may be referred to as CGS). The customer means any person contracting with the company for the supply of products or services. Delivery means delivery by the company or any subcontractor, agent, representative employed by the company directly or indirectly. These conditions may only be modified by a variation in writing signed on behalf of the company by an authorized executive of CGS. Submission of a purchase online will be taken as agreement to these conditions of sale.
2. Supply of Products Products are sold under the express understanding that: The customer and the company are contracting in the course of their respective business and except as stated in writing in the sales agreement or contract signed by the company no condition or warranty is given or implied by law, custom, usage or otherwise as to the quality or fitness for any purpose of the goods sold by the company.
We cannot guarantee that the appearance and/or colors of products shown on this company website or other company marketing exactly reproduce the appearance and/or colors of the physical products themselves. Natural products may show some color variations. All sizes quoted are approximate. The customer understands that products are measured when loaded or packed and due to the nature of the products a degree of settlement and/or evaporation will occur. The company requires any complaint to be made in writing by the customer within 24 hours of collection or delivery via our contacts page. The company has final discretion if any remedy, credit, refund etc. will be provided.
All items shall be at the customers risk from the time of delivery. After such time, the company shall be under no liability for loss, damage or deterioration of items from whatever cause arising. Customer is responsible for any sales, use or other taxes, fees or duties. Compost, Mulch, Soil, Dirt, Rocks, gravel and related other deliveries are non-refundable and non-returnable.
3. Delivery Our drivers cannot drive over septic tanks, or dump in close proximity to power lines, large branches or other obstructions. Requested delivery locations should be accessible by hard-packed, traveled routes (such as a road or driveway) and not across fields or lawns where our dump truck can get stuck. The trucks and trailers delivering your order may weigh from 6,000 to 20,000 pounds or more. The customer is responsible for any cracks or damage to drives, driveways, sidewalks, curbs, sewers, paths, roads, pavement, grass, sod, mailboxes, structures, utilities, pipes, wires or similar items that may be damaged in the process of delivery. A driver has final discretion as to whether or not your requested location is safely accessible. If deemed unsafe by the driver it does not relinquish the customer from the entirety of the agreement, including delivery charges, labor charges, contract charges or charges caused by customer delay. This does not relinquish the responsibility of the customer for any cracks or damage to drives, driveways, sidewalks, curbs, sewers, paths, roads, pavement, grass, sod, mailboxes, structures, utilities, pipes, wires or similar items that may be damaged in the process of delivery. CGS is not responsible for any discoloration of driveways/walkways due to leaking fluids or other residue from the delivery vehicle. CGS is not responsible for any discoloration of driveways/walkways where delivered materials are dispensed. CGS is not responsible for any damage or inconvenience caused by delivery of materials to a spot or location other than that indicated as per this agreement or other exhibits or schedules. CGS is not responsible for any plant diseases or related issues caused by the use of delivered materials The company will make every effort to deliver on the agreed date, but if for any reason the company is unable to deliver then there will be no liability whether in damages or otherwise for delay of whole or any part of the goods ordered arising from any cause whatsoever. Delivery by the company shall be conditional upon access free from encumbrances and good roads being available to the delivery vehicles to the place of delivery. The company will not accept any liability for damages to property caused by delivery. If the company, or its agent cannot gain access to the delivery address then additional costs may be incurred. The rate is $150 per hour. Deliveries are made using large vehicles and it is the customers responsibility to inform the company if there may be an access problem. The company will confirm the outcome by phone, letter or e-mail. In such cases that delivery, in the opinion of the company is not possible. The company will make every effort to deliver on the agreed date, but if for any reason the company is unable to deliver then there will be no liability whether in damages or otherwise for delay of whole or any part of the goods ordered arising from any cause whatsoever. Delivery by the company shall be conditional upon access free from encumbrances and good roads being available to the delivery vehicles to the place of delivery. The company will not accept any liability for damages to property caused during delivery. If the company, or its agent cannot gain access to the delivery address then additional costs may be incurred. The rate is $150 per hour. Deliveries are made using large vehicles, dump trucks, dump trailers that may have require high clearances and it is the customers responsibility to inform the company if there may be an access problem prior to delivery. The company vehicles do not drive across fields or unmade roads. If the customer wishes to have delivery across a field then they will become liable for any damage made to the vehicle. If the truck, trailer or other vehicle becomes stuck when crossing the field etc. under the customers instruction, then the customer must arrange to have the vehicle recovered immediately, at their cost. The cost of a vehicle being held up in this manner will be charged to the customer at a rate of $135.00 per hour. If a customer wishes for any vehicle to leave the public highway and enter their property or premises of delivery then the customer accepts liability for any damages caused to the property, vehicle or other. If the company or its agent cannot gain access to the delivery address then additional costs may be incurred (the rate is $150 per hour) and shall ultimately fall to the customer. Deliveries are made using large vehicles and it is the customer's responsibility to inform the company if there may be an access problem. In such cases that delivery, in the opinion of the company is not possible, then the company reserves the right to cancel the order. The delivery vehicle must be able to park in an area where the delivery is to be made; they cannot park in any red zones or other restricted parking. The customer understands that, as curb, road side or driveway deliveries are made using dump trucks or dump trailers, it is may not be possible to leave goods on uneven surfaces such as gravel, grass or on hills or slopes of any kind. It is also not possible to lift goods over any walls, fences, hedges etc. The company reserves the right to cancel or hold any orders that the company deems may suffer from potential delivery problems and the customer understands that delivery dates may be delayed in these instances. If products are out of stock then the company also reserve the right to cancel or hold delivery of orders in this situation. If delivery is attempted and deemed not possible due to lack of information provided by customer, or customer’s failure to read or consider delivery information and restrictions then the customer will become liable for re-delivery charges and/or re-routing costs to be determined by the company. The customer agrees to accept responsibility to provide a suitable area free from access restrictions for the delivery to be left. The company reserves the right to cancel or hold any orders that the company deems may suffer from potential delivery problems and the customer understands that delivery dates may be delayed in these instances. If products are out of stock then the company also reserve the right to cancel or hold orders in this situation.
4. Cancellation/Returns Policy. Orders are not cancellable unless agreed to by CGS authorized representative in writing. Cancellation requests are not accepted by telephone and must be by Electronic Mail to via our contacts page at least 72 hours in advance and this does not guaranty cancellation will be accepted.
5. Order Amendments. Any order amendments must be made before goods are dispatched for delivery and must be approved in writing by a CGS Authorized representative.
6. Customer Premises. The customer will at all times be responsible for the security and insurance of CGS equipment, employees, agents, subcontractors or other associated CGS individuals or equipment.The customer will at all times be responsible for the security and insurance of the products after the delivery has been made. The customer will comply with and be responsible for all requirements of Health & Safety Legislation. Delivery will be made on a curb side or driveway delivery basis unless specified in writing by CGS and will be the customers responsibility to move the compost, soil, turf, rocks, mulch, dirt etc. from the place of delivery to the area of use. The company accepts no responsibility for injury or damage caused to persons, property or equipment while on customer premises.
The company means Custom Garden Solutions, Inc. (may be referred to as CGS).
The customer means any person contracting with the company for the supply of products or services.
These conditions may only be modified by a variation in writing signed on behalf of the company by an authorized executive of CGS.
Submission of a purchase online will be taken as agreement to these conditions of sale.
Invoices; Payments. -Online/Internet or Credit card payments are 100% due upon sale and will be charged upon sale unless agreed to in writing prior to the sale. Non Online/non-Internet Payment terms are 50% down payment with signed agreement and 50% prior to installation beginning. On any past due invoice, CGS may charge (i) interest from the payment due date to the date of payment at 1.5% per 30 day period, plus reasonable attorney fees, court costs and collection costs; or (ii) the maximum amount that is allowed under the applicable law if the interest rate is deemed invalid. If Customer defaults on any payment under this Agreement or payments become more than 30 days past due the Seller may reschedule or cancel any outstanding delivery and declare all outstanding invoices due and payable immediately. Product Warranties. CGS warrants that Products sold hereunder will conform to the description set forth in Exhibit A .EXCEPT AS PROVIDED IN THE PRECEDING SENTENCE, ALL PRODUCTS ARE SOLD “AS-IS”, “WHERE IS”, “WITH ALL FAULTS”, AND WITHOUT WARRANTY OR REPRESENTATION EITHER EXPRESS OR IMPLIED AS TO (A) THE VALUE OF THE PRODUCTS, (B) MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, (C) THE RIGHT TO THE QUIET ENJOYMENT OF THE PRODUCTS, (D) THE DESIGN, CONDITION, OR QUALITY OF MATERIAL OR WORKMANSHIP IN THE PRODUCTS, (E) THE PRESENCE OR ABSENCE OF ANY HAZARDOUS SUBSTANCES IN, UNDER, OR ON, OR DISPOSED OF, OR DISCHARGED FROM THE PRODUCTS; OR (F) ANY OTHER MATTER WHATSOEVER, IT BEING AGREED THAT ALL SUCH RISKS, AS BETWEEN CGS AND CUSTOMER, ARE TO BE BORNE BY CUSTOMER.
Transfer of Title. Title, risk of loss and all other incidents of ownership to the Products shall be transferred to Customer at the time when delivered to Customer’s delivery location. Customer may not reject Product prior to, upon or after Custom Garden Solutions, Inc. delivery or installation. For products delivered by carrier (FedEx, UPS, USPS, Roadrunner, etc.) Title shall pass to Customer upon delivery of the Products to the carrier. CGS 's delivery dates are estimates only and subject to timely receipt of supplies by CGS . CGS is not liable for delays in delivery. CGS reserves the right to make partial deliveries and Customer will accept delivery and pay for the Products delivered. A delayed delivery of any part of an Order does not entitle Customer to cancel other deliveries. Some orders may not meet expected delivery times for any reason and customers cannot cancel, receive credit, return or dispute these orders due to the shipment not meeting expected delivery times. Assignment. Neither party may assign or delegate this Agreement without the prior written consent of the other party, except that CGS may assign this Agreement to any subsidiary, parent, affiliated company or other contractor without Customer’s consent.
Confidentiality. The customer agrees not to use or disclose information that they may obtain during the course of performing this Agreement concerning the Products, pricing, operations, plans and procedures of the CGS without the prior written consent of the CGS, except as otherwise required by applicable law, subpoena or court order. CGS may film video, record audio and take pictures for marketing, advertisement and other purposes such as but not limited customer installations, installation process, products, product use, deliveries and other related activities without customers consent both on and off the customer site to use on social media (such as YouTube, Facebook, Twitter and others), CGS website, other websites, at tradeshows, in brochures, user guides and other miscellaneous related areas.
Limitation of Liability. In no case shall CGS be liable to Customer for consequential, incidental, indirect, punitive or special damages, including commercial loss or lost profits, directly or indirectly arising from this Agreement or in connection with the Products or Customer’s use of the Products. With regard liability related to Product failing to conform to the specifications, in no case shall CGS ’s liability under this Agreement exceed the purchase price of such Product. To the extent permitted by law, neither CGS nor its employees or agents are liable for and Customer is not entitled to any indirect, special, incidental, punitive or consequential damages (for example, loss of profits or revenue, loss of use, rework, manufacturing expense, injury to reputation, or loss of Customers) including commercial loss or lost profits, directly or indirectly arising from this Agreement or in connection with the Products or Customer’s use of the Products. With regard liability related to CGS or its employees or agents, in no case shall CGS ’s liability under this Agreement exceed the purchase price of such Product. To the extent permitted by applicable law, Customer's recovery from CGS for any direct damages will not exceed the price of the Product at issue. To the extent the preceding limitation of liability is deemed invalid under applicable law, CGS 's total liability in any event will not exceed USD 1,000 or the equivalent thereof. Customer will indemnify, defend and hold CGS harmless from any claims based on: (i) CGS 's compliance with Customer's designs, specifications, or instructions, (ii) modification of any Product by anyone other than CGS , or (iii) use of Products in combination with other products.
The undersigned (or customer), and for the undersigned’s successors, assigns, heirs, executors and administrators, releases and holds harmless CGS, its officers, agents and employees for any and all injuries, both to person and property, regardless of severity, arising out of or related in any way to the delivery of, or use of, any materials delivered per this agreement, including, without limitation, injuries that occur, in whole or in part, due to any act, negligent, reckless, intentional or otherwise, by or on behalf of CGS its officers, agents or employees.
The undersigned (customer), and for the undersigned’s successors, assigns, heirs, executors and administrators, shall indemnify and hold harmless CGS, its officers, agents and employees, from any and all liability, actions, causes of action, claims, debts and demands of any kind and nature, including costs, expenses and attorney’s fees, incurred by the CGS, its officers, agents or employees, as a result of, arising out of or related to any act or omission, intentional, reckless, negligent or otherwise, by the undersigned during the course of the delivery or use of any materials delivered per this agreement;
FORCES BEYOND CGS 'S CONTROL. CGS is not liable for failure to fulfill its obligations under this Agreement due to causes beyond its reasonable control (for example: acts of nature, acts or omissions of the Customer, operational disruptions, man-made or natural disasters, epidemic medical crises, jury duty, war, personnel medical, materials shortages, strikes, criminal acts, delays in delivery or transportation, or inability to obtain labor or materials through its regular sources).
Product Return. Customer may return Products to CGS only with a return material authorization ("RMA") number issued by CGS . Customer must notify CGS in writing of any damage to the outer packaging or the Products, shortage, or other discrepancy ("Visual Defect") within 24 hours after receipt of the shipment; otherwise, Customer is deemed to have accepted the Products and may not revoke acceptance. RMAs will be issued only for Visual Defects created solely by CGS or the original manufacturer, and only if Customer satisfies the notice requirement. RMAs will not be granted for damage, shortage, or other discrepancy created by Customer, the carrier or freight provider, or any other third party. At CGS 's discretion, CGS will return all Products not eligible for return to Customer, freight collect, or hold Product for Customer's account at Customer's expense. CGS is not responsible for any warranties for any items unless an exception is provided in writing prior to the sale. CGS will review all return requests and is not required to provide any returns unless agrees to in writing by CGS authorized executive. All disputes will be final resolution will be provided by CGS authorized executive and will be final.
Miscellaneous. This Agreement shall be construed in accordance with the laws of the state where CGS ’s principal place of business is located (Illinois). CGS shall not be in default for its failure to perform or delay inperformance caused by events or significant threats of events beyond its reasonable control, whether or not foreseeable, including, but not limited to, strikes, labor trouble, riots, imposition of laws or governmental orders, fires, acts of war or terrorism, and acts of God, and the affected party shall be excused from performance during the occurrence of such events. This Agreement represent the entire agreement regarding the Products and supersedes the terms and conditions contained in any other communications, purchase or work orders, bids or proposals exchanged between the parties for the Products.
So that we can assist you quickly and professionally contact Custom Garden Solutions, Inc. regarding any credit card questions or inquiries, credit card disputes, credit card chargebacks, credit card receipt requests or other information requests and not the credit card company. These requests can usually be responded to without contacting the credit card company. No credit card charges will be disputed, reversed or revised for any reason after 7 days from the sales/invoice date without the consent of CGS. Images, pricing, product codes and other descriptions may contain errors or typographical inaccuracies in some cases and we are not responsible for these instances and reserve the right to not accept these orders.
Online/Internet order shipments will be shipped via the methods available in the drop down choices during checkout. The methods available may vary for different items. Orders are normally shipped the same day. If an item is not available we will contact you via the email address provided by the customer. Some orders may not meet expected delivery times for any reason and customers cannot cancel, receive credit, return or dispute these orders due to the shipment not meeting expected delivery times.
MOST ITEMS WILL SHIP WITHIN 24 HOURS OF ORDERING, BACKORDERS CAN TAKE 3-5 ADDITIONAL BUSINESS DAYS. CURRENTLY WE ARE ONLY OPERATING/SHIPPING IN THE CONTINENTAL UNITED STATES
If you require a signed proof of delivery from UPS, FedEx, USPS or other carrier for your delivery you must contact CGS prior to placing your order and receive written confirmation from an authorized CGS representative. If you do not request this in writing prior to your purchase and do not receive permission in writing from us prior to placing your order you will be responsible for the cost of the order in the event it is not delivered for any reason including but not limited to being stolen, lost, or other. There may be a slight increase in price for orders that require signed proof of delivery from UPS or FedEx for your delivery.
For checks that have nonsufficient funds, that “bounce”, or are cancelled or for any reason do not clear for the total amount due will be charged an additional $50.00 fee or the maximum amount that is allowed under the applicable law if the $50.00 rate is deemed invalid. The parties agree to use electronic signatures and agree that any electronic signatures will be legally valid, effective, and enforceable.
The unenforceability of any of these terms or conditions will not affect the remainder of the terms or conditions.
The additional terms and condition below pertain to deliveries and use of compost, soil, mulch, turf, rock, gravel, and all related items.
1. General In these conditions of sale: The company means Custom Garden Solutions, Inc. (may be referred to as CGS). The customer means any person contracting with the company for the supply of products or services. Delivery means delivery by the company or any subcontractor, agent, representative employed by the company directly or indirectly. These conditions may only be modified by a variation in writing signed on behalf of the company by an authorized executive of CGS. Submission of a purchase online will be taken as agreement to these conditions of sale.
2. Supply of Products Products are sold under the express understanding that: The customer and the company are contracting in the course of their respective business and except as stated in writing in the sales agreement or contract signed by the company no condition or warranty is given or implied by law, custom, usage or otherwise as to the quality or fitness for any purpose of the goods sold by the company.
We cannot guarantee that the appearance and/or colors of products shown on this company website or other company marketing exactly reproduce the appearance and/or colors of the physical products themselves. Natural products may show some color variations. All sizes quoted are approximate. The customer understands that products are measured when loaded or packed and due to the nature of the products a degree of settlement and/or evaporation will occur. The company requires any complaint to be made in writing by the customer within 24 hours of collection or delivery via our contacts page. The company has final discretion if any remedy, credit, refund etc. will be provided.
All items shall be at the customers risk from the time of delivery. After such time, the company shall be under no liability for loss, damage or deterioration of items from whatever cause arising. Customer is responsible for any sales, use or other taxes, fees or duties. Compost, Mulch, Soil, Dirt, Rocks, gravel and related other deliveries are non-refundable and non-returnable.
3. Delivery Our drivers cannot drive over septic tanks, or dump in close proximity to power lines, large branches or other obstructions. Requested delivery locations should be accessible by hard-packed, traveled routes (such as a road or driveway) and not across fields or lawns where our dump truck can get stuck. The trucks and trailers delivering your order may weigh from 6,000 to 20,000 pounds or more. The customer is responsible for any cracks or damage to drives, driveways, sidewalks, curbs, sewers, paths, roads, pavement, grass, sod, mailboxes, structures, utilities, pipes, wires or similar items that may be damaged in the process of delivery. A driver has final discretion as to whether or not your requested location is safely accessible. If deemed unsafe by the driver it does not relinquish the customer from the entirety of the agreement, including delivery charges, labor charges, contract charges or charges caused by customer delay. This does not relinquish the responsibility of the customer for any cracks or damage to drives, driveways, sidewalks, curbs, sewers, paths, roads, pavement, grass, sod, mailboxes, structures, utilities, pipes, wires or similar items that may be damaged in the process of delivery. CGS is not responsible for any discoloration of driveways/walkways due to leaking fluids or other residue from the delivery vehicle. CGS is not responsible for any discoloration of driveways/walkways where delivered materials are dispensed. CGS is not responsible for any damage or inconvenience caused by delivery of materials to a spot or location other than that indicated as per this agreement or other exhibits or schedules. CGS is not responsible for any plant diseases or related issues caused by the use of delivered materials The company will make every effort to deliver on the agreed date, but if for any reason the company is unable to deliver then there will be no liability whether in damages or otherwise for delay of whole or any part of the goods ordered arising from any cause whatsoever. Delivery by the company shall be conditional upon access free from encumbrances and good roads being available to the delivery vehicles to the place of delivery. The company will not accept any liability for damages to property caused by delivery. If the company, or its agent cannot gain access to the delivery address then additional costs may be incurred. The rate is $150 per hour. Deliveries are made using large vehicles and it is the customers responsibility to inform the company if there may be an access problem. The company will confirm the outcome by phone, letter or e-mail. In such cases that delivery, in the opinion of the company is not possible. The company will make every effort to deliver on the agreed date, but if for any reason the company is unable to deliver then there will be no liability whether in damages or otherwise for delay of whole or any part of the goods ordered arising from any cause whatsoever. Delivery by the company shall be conditional upon access free from encumbrances and good roads being available to the delivery vehicles to the place of delivery. The company will not accept any liability for damages to property caused during delivery. If the company, or its agent cannot gain access to the delivery address then additional costs may be incurred. The rate is $150 per hour. Deliveries are made using large vehicles, dump trucks, dump trailers that may have require high clearances and it is the customers responsibility to inform the company if there may be an access problem prior to delivery. The company vehicles do not drive across fields or unmade roads. If the customer wishes to have delivery across a field then they will become liable for any damage made to the vehicle. If the truck, trailer or other vehicle becomes stuck when crossing the field etc. under the customers instruction, then the customer must arrange to have the vehicle recovered immediately, at their cost. The cost of a vehicle being held up in this manner will be charged to the customer at a rate of $135.00 per hour. If a customer wishes for any vehicle to leave the public highway and enter their property or premises of delivery then the customer accepts liability for any damages caused to the property, vehicle or other. If the company or its agent cannot gain access to the delivery address then additional costs may be incurred (the rate is $150 per hour) and shall ultimately fall to the customer. Deliveries are made using large vehicles and it is the customer's responsibility to inform the company if there may be an access problem. In such cases that delivery, in the opinion of the company is not possible, then the company reserves the right to cancel the order. The delivery vehicle must be able to park in an area where the delivery is to be made; they cannot park in any red zones or other restricted parking. The customer understands that, as curb, road side or driveway deliveries are made using dump trucks or dump trailers, it is may not be possible to leave goods on uneven surfaces such as gravel, grass or on hills or slopes of any kind. It is also not possible to lift goods over any walls, fences, hedges etc. The company reserves the right to cancel or hold any orders that the company deems may suffer from potential delivery problems and the customer understands that delivery dates may be delayed in these instances. If products are out of stock then the company also reserve the right to cancel or hold delivery of orders in this situation. If delivery is attempted and deemed not possible due to lack of information provided by customer, or customer’s failure to read or consider delivery information and restrictions then the customer will become liable for re-delivery charges and/or re-routing costs to be determined by the company. The customer agrees to accept responsibility to provide a suitable area free from access restrictions for the delivery to be left. The company reserves the right to cancel or hold any orders that the company deems may suffer from potential delivery problems and the customer understands that delivery dates may be delayed in these instances. If products are out of stock then the company also reserve the right to cancel or hold orders in this situation.
4. Cancellation/Returns Policy. Orders are not cancellable unless agreed to by CGS authorized representative in writing. Cancellation requests are not accepted by telephone and must be by Electronic Mail to via our contacts page at least 72 hours in advance and this does not guaranty cancellation will be accepted.
5. Order Amendments. Any order amendments must be made before goods are dispatched for delivery and must be approved in writing by a CGS Authorized representative.
6. Customer Premises. The customer will at all times be responsible for the security and insurance of CGS equipment, employees, agents, subcontractors or other associated CGS individuals or equipment.The customer will at all times be responsible for the security and insurance of the products after the delivery has been made. The customer will comply with and be responsible for all requirements of Health & Safety Legislation. Delivery will be made on a curb side or driveway delivery basis unless specified in writing by CGS and will be the customers responsibility to move the compost, soil, turf, rocks, mulch, dirt etc. from the place of delivery to the area of use. The company accepts no responsibility for injury or damage caused to persons, property or equipment while on customer premises.