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MOON VALLEY NURSERIES RETAIL TERMS AND CONDITIONS

Owner(s) agrees and acknowledges that the following terms and conditions apply to Owner(s) purchase and/or order with Moon Valley Nursery Intermediate Holdings, LLC, including its parent, subsidiary, and affiliated companies (collectively, “MVN”), and that different specialized terms, as listed below, may apply to Owner(s)’ purchase and/or order. Owner(s) agrees and acknowledges that Owner(s) has been provided sufficient opportunity to read and understand the terms set forth below, and otherwise agrees as set forth herein.

NOTICE TO OWNERS OF PURCHASES, DEPOSITS, AND LAYAWAYS

All sales are final at the time of tagging and/or purchase and ownership transfers to Owner(s) immediately. Any returned checks for insufficient funds are subject to a $30.00 fee. Unless otherwise stated herein, any deposit is forfeited by the Owner(s) upon default of breach of this agreement, including any failure to pay when due, and failure to comply with any other term or condition set forth herein, and/or any attempt to cancel or repudiate this agreement after the time to do so has expired. Any payments made by the Owner(s) for will call, layaway, and/or pick up orders will be forfeited if Owner(s) fails to complete such order within 12 months of the initial payment date. Unless otherwise stated on the applicable invoice, Owner(s) declines double staking and extended warranty. Owner(s) agrees and acknowledges that any changes to the order and/or invoice must be made within 2 days prior to the panting or installation date.

CANCELLATIONS & REFUNDS

Any cancelled residential purchase and/or order (including any orders including deposits or layaways), are subject to a 15% cancellation/restocking fee, without exception. Any cancelled commercial/wholesale purchase and/or orders that are tagged, purchased and/or ordered, and subsequently rejected are subject to a mandatory 25% restocking fee, without exception. Turf, artificial turf, rock, sod, gravel, and/or any other hardscape order or purchase are non-refundable or returnable under any circumstances. Upon installation of any product ordered by Owner(s), there are no refunds available and the transaction is final. Any and all portions of an approved refund for un-installed product will be credited back to the original form of payment, except for cash payments, which will be processed via check. All store credits expire 12 months from the date of issuance. Gift card and gift certificates cannot be replaced without both the original card / certificate number and purchase receipt, and cannot be redeemed for cash unless otherwise required by law.

 

MVN RESPONSIBILITY & WARRANTY

Owner(s) agrees and acknowledges that MVN’s obligations are set forth and expressly limited to the following:

DAMAGES

Owner hereby acknowledges that once tagged, any plant or tree then belongs to Owner(s), as MVN is then prohibited from marketing or selling any such item to any other customer. In the event Owner(s) fails to comply with the terms of this agreement, Owner(s) hereby agrees and acknowledges to damages as follows: 1) all amounts MVN becomes obligated to pay for purposes of the invoice; 2) an additional 30% of the invoice value, which MVN and Owner(s) agree is a fair, reasonable, and undisputed manner to calculate MVN’s lost profit; and 3) all costs (including attorneys’ fees) incurred by MVN to collect any amounts owed by Owner(s).

ARBITRATION AND ADDITIONAL TERMS

Owner has the right to file a written complaint with the Arizona Registrar of Contractors for an alleged violation of A.R.S §32-1154(A), which must be done within the applicable time period set forth in A.R.S §32-1162(A)The phone number for the Registrar of Contractors is (602) 542-1525, and their website is www.roc.az.gov.  In the event of a dispute between the parties over this agreement, including the execution thereof, the parties hereby waive their respective rights to litigate such issues in court, and instead agree to resolve any dispute through private, binding arbitration in the state and county where this agreement was executed.  The parties agree to enter arbitration through the American Arbitration Association (“AAA”) and abide by its Commercial Arbitration Rules. Any such proceedings shall be completed within 120 days from when an arbitrator is appointed, as may be extended by the arbitrator or the parties’ mutual express agreement. The arbitration shall be conducted by one arbitrator, who shall be mutually selected by the parties, or, if the parties cannot agree, shall be selected by the AAA. The laws of the state where the purchase was made will apply to the arbitration proceedings, with regard to conflict of law principles. The parties agree to abide by any award issued by the arbitrator, and the judgment (if any) may be entered into any court of competent jurisdiction. The costs of the arbitration shall be equally split by the parties unless otherwise ordered by the arbitrator, who may award any fees or costs, including reasonable attorneys’ fees, to the prevailing party, subject to the laws of the applicable jurisdiction.   

It is agreed and understood that this agreement is the full agreement between the parties, and that no other terms, conditions, statements, warranties, representations, or understandings, written or verbal, expressed or implied, are part of this agreement, that if any part of this agreement is declared illegal, void, or unenforceable, the remaining terms shall stand and remain in full force and effect, and by digitally signing, checking any box or field indicating agreement or acknowledgment, or otherwise signing these terms in any way, shape, or form, including any and all digital and electronic formats, Owner(s) agree to these terms and conditions.

 

ADDITIONAL TERMS FOR ROCK & GRAVEL ORDERS

In the event Owner(s) has ordered or purchased rock, gravel, pavers, or other landscaping items from MVN, Owner(s) agrees to and acknowledges the additional following terms and conditions:

 

ADDITIONAL TERMS FOR TREE RENTALS

 

ADDITIONAL TERMS FOR TREE SERVICE & PRUNING

 

ADDITIONAL TERMS FOR LANDSCAPING SERVICES

Last Reviewed/Updated: 09/04/2024

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