Terms and Conditions

Terms and Conditions for Greenspace Home Garden Products

Warranty:

Greenspace Home Gardens Ltd. (“Greenspace”) strives for the satisfaction of all our customers.  Greenspace warrants to the Customer that the products are free from defects in material and workmanship.  This warranty shall survive for a period of 1 year following pickup or delivery of the products.  The customer shall advise Greenspace immediately of any defect. This warranty shall not apply to: 

1. aging, weathering, contraction and expansion, knots, bows, cupping, crooks, twists, checks/splits, differentiation amongst grain and appearance and stain absorption, it being understood that cedar is an organic material and as such, every piece produced by Greenspace is unique in character and appearance;
2. defects due to, or contributed to by:
   1. installation by any person other than Greenspace;
   2. the surface, fence or other structure the product sits on or is mounted on;
   3. improper use of the product, or use of the product for any purpose except its intended purpose as a home gardening system; or
   4. any other actions of the customer or any other person other than Greenspace;
3. the extent the customer fails to advise Greenspace of the defect or the repairs necessary are exacerbated by any delay in doing so;

Should there be a defect in workmanship, the customer may return the product within 14 days of purchase for a full refund.  After the 14 day return period, Greenspace management will consider warranty claims in its discretion.  If a warranty claim is accepted, Greenspace will repair or replace the defect.

IN NO EVENT SHALL GREENSPACE BE RESPONSIBLE FOR: (i) any cost or expense incurred by the customer, including, without limitation, labour or shipping expenses, in connection with the remediation of the defect; (ii) special, exemplary, incidental or consequential damages, lost profits or lost sales of any kind; or (iii) under any circumstances for any amount which exceeds the price of the products sold. 

The customer acknowledges and agrees that, except as expressly set out herein, Greenspace makes no representations, warranties or covenants, express or implied, with respect to the product and any and all implied representations or warranties, including those pursuant to the Sale of Goods Act (Alberta), or any other similar legislation in any other jurisdiction, are hereby waived.

Waiver of Liability

The customer acknowledges and accepts all risks associated with the product, including its placement, use and maintenance. In consideration of the sale of the product, the customer, on behalf of themselves and their respective successors, heirs, administrators, assigns, agents, legal representatives, guests, invitees and any other person claiming under or through them (collectively the “Releasors”) HEREBY WAIVES ALL RIGHTS TO SUE, AND DOES HEREBY RELEASE AND FOREVER DISCHARGE, Greenspace and its employees, agents, officers, directors, representatives, advisors, successors, assigns, legal representatives, heirs, executors, and administrators (collectively the “Releasees”) of and from any and all manner of action and actions, causes of action, lawsuits, debts, dues, sums of money, claims and demands whatsoever, in contract, statute, tort, equity or any other theory of law, which any of the Releasors now have or may in the future have relating to, arising from, or in any way connected with the product purchased from Greenspace (each a “Claim”), including but not limited to personal injury, death, property damage or loss of use, except for warranty claims pursuant to the section entitled “Warranty” above or claims resulting from the gross negligence of Greenspace. 

Payment Policy:

Greenspace requires full payment upon pick up or prior to delivery of the Greenspace products. 

Pick up and Delivery Policy:

1. Customers choosing to pick up their order from Greenspace are responsible for the handling, safe transport, and care of products including loading and unloading, as well as the necessary assembly or disassembly.
2. Greenspace assumes no fault or responsibility for any injuries or damage caused by the customer misuse or improper set up of our products.  
3. If Greenspace is used to provide delivery and assembly customers are responsible for ensuring:
   1. the product fits appropriately in the space it was purchased for and there are appropriate surfaces and structures for mounting or bracing; and
   2. the assembly area is clean and clear of debris or other hazards prior to Greenspace’s arrival.
4. Greenspace is not responsible if the products do not fit in the space it was purchased for. It is the responsibility of the client to measure in advance and ensure that everything will fit. Greenspace will not accept returns of products if they do not fit the intended space.

Proper use of Product Policy:

1. Greenspace assumes no responsibility for the structural integrity of the surface which supports the system. It is the customer’s responsibility to ensure the integrity of the surface in which the system sits on.  If the fenced system is chosen, the customer assumes all responsibility for integrity of the fence in which the system is mounted to.
2. The systems are designed for use with a lightweight substrate such as peat moss or top soil.  The planters are not to be filled with anything heavier than the weight of top soil, such as rock or any other heavy item.
3. The systems are not to be climbed on or used for any purpose other than home gardening. Any improper use may lead to serious injury or death.

Lead time:

For any items purchased that are currently not in stock, anticipated delivery dates are given in good faith. However, the lead time can change as a result of availability of materials or other factors outside the control of Greenspace. Therefore, delivery dates cannot be guaranteed and delays may occur.  Customers will be notified of any such delays.

Order Cancellation:

All cancellations of orders will have a no refund of deposit penalty.

By execution below, the customer hereby accepts and agrees to the terms and conditions contained herein, including, but not limited to, the waiver of liability above.

Customer Name: _________________________________

Customer Signature: ______________________________

Date: __________________________    Greenspace representative: ________________________