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I think it is right to provide an idiot's guide. Write down everything you can think of that can go wrong and indemnify yourself against any losses.
I'd also make obvious statements about after-care if administered by the client. It's important that a client should understand where their responsibilities lie in terms of plant health, post-planting.
There are statutory rights and I think a nursery must provide a guarantee too. I'm sure a nursery won't quibble about the odd plant and it's goof doe client relations to offer an instant replacement. They wouldn't however, I am sure, offer to replace all plants if there's the possibility of negligence along the way.
It is probably best to ask your trusted suppliers for their policy on replacements and guarantees and adapt your own terms accordingly.
...and here's a similar discussion on a US forum: http://www.groundtradesxchange.com/forums/landscaping-design/6567-t...
I provide a 2 year guarantee on all the plants that I supply AND plant. BUT, I can only do this because I work very closely with the nurseries that supply me, and I have 20 years of experience of working in gardens and garden centres, so I know how to pick a good quality plant. -
I still make mistakes, - my replacement rate is usually about 1 % - i.e for every 100 plants I put in, 1 will die and I replace that (Usually when i'm doing some other maintenance, so i'm being paid to return anyway, just not for the plant) But last year I rather fancied purple sage, and put quite a lot of them in. - The wet year and hard winter means i'm replacing all of them this spring.
As I chose to use those plants, I wouldn't think of asking my supplier for a refund, - it was a case of using the wrong plant for the conditions (even if they were different to usual)
I have to say Claire, I have no real recollection of ever having to replace many shrubs or plants.
However i do remember planting a Monkey Puzzle tree (£900.00 trade price) into a an area that was just to damp in the winter. I bought it from Gardenstyle in Farnham.
They were excellent and replaced it immediately without fuss (although we did agree to a small less expensive tree and part cash refund.
Claire Brown said:
In our time we have planted many commercial and private projects. Most commercial projects came with a 6 - 12 month maintenance period and a retention only released after that period. I would guarantee trees and shrubs for that period - other than through vandalism (and there was plenty of that!)I liked that as we had control, we actually carried out the maintenance and needed to replace very little - others would leave their sites virtually untouched, then have a final blitz and replace as necessary.
I try to continue with this philosophy in our private work and would only guarantee if we maintained the garden or planting.
Working for a nursery the issue of guarantees is always around. Obviously we only put good plants out for sale in the first place, and most customers come back looking for answers instead of refunds ("Yes, but why did this plant die?") and many are almost surprised when they are refunded or leave with a replacement. There has, however, been an increase in some more unpleasant types who come up with some crackers.
Take for example a man who bought a Camellia 18 months ago. He openly admits that it's still in it's pot and that he hasn't bothered to water it, and now it's dead. When we hold our ground and tell him that we cannot be held accountable for his actions (or words to that effect) he turns abusive and makes threats against employees, including me!
Also take another recent one where somebody bought a trolley load of plants in for a refund. He failed to produce a receipt, and we were suspicious when we found that several plants were things we didn't grow, while others had labels from other nurseries still attached! When we explained that we could only provide the guarantee for plants bought from us he get 'somewhat upset' and said that we were legally obliged to refund any plants, regardless of where they were bought, because all nurseries and garden centres are part of the same organisation....
a garden centre i sometimes use now offers a 5 year hardy plant guarantee - and i suspect they are marking up a lot more than other garden centres in the area - but of course they do have a superb reputation as plantsmen and their customers seem to love them and accept the prices happily, so the business model works fine.
the reason a GC offers a 2 or 5 year guarantee is to promote loyalty - i don't even believe it's to persuade someone who is in two minds to have a go cos it's guaranteed, you don't buy plants expecting them to die, you buy them for the promise they give - they will make your life better and your garden more attractive.
when i was working in a garden centre, i was called to back up another staff member in telling a customer that the label on the plant was from a company we had never dealt with, but we would be happy to replace it for her anyway - i took her down to the climbers and replaced it for her - hopefully she never went back to the centre where i know she got it and spent a few hundred £s more with my employer from then on. loyalty is what plant guarantees are about.
however, the guy with the abused camellia was taking the pee, replacing that persons plant would not have bought their loyalty. sounds like he was a bit of a head case
I know this is an old discussion but given the recent GDJ Best Buys piece on Designers supplying plants (Jan 2017), or not, I am looking into it further.
The Consumer Rights Act ( http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act) which took over from Sale of Goods et al in Oct 2015 isn't really any clearer than it's predecesssor, in my view. It's not like returning a TV which doesn't work, plants need proper care and maintenance from the day one leaves site.
What IS a 'reasonable period' for the survival of a plant before it's deemed no longer the suppliers responsibility to replace or refund? 30 days (returns for faulty goods)? a full growing season or two (heaven forfend!)
I agree good practice has to be about information and communication with the person caring for the garden/planting after the contractor/plants person planting leaves site. Several nurseries state clearly that risk passes to the buyer once the transaction is complete.
I add a precautionary sum in pricing planting work, JIC some of it dies off, to cover replacement plants and time to go and replant. I'm clear with clients that on the whole I don't replace anything once they're happy and I've handed over to them (and their gardener), but of course if something carked it, wholesale, well of course that's a different matter. It has never happened to to me tbh. The odd plant of course but generally not much turns it's toes up.
BUT I want to be sensible and offer a good service, within the bounds of reason for my business.
So what's legally required? and what do other planting people (Designers and Landscapers) offer?
Anyone prepared to share :)