The Long-Legal Form of Grandpa’s Orchard Sales Terms and Conditions of Sale represent the entire Agreement between Buyer and Seller, and regulate all sales, purchases, and deliveries of plant and product material made by the BUYER from the SELLER, (also known as Grandpa’s Orchard, LLC, PO Box 773, Coloma, MI 49038), through its website www.GrandpasOrchard.com or via any other form of communications to same. These are posted separately on the website and elsewhere and are the complete Limited Warranty provided for trees and plants.
However, we value our customers, wishing to maintain good relationships and maintain our reputation as a quality provider of nursery stock, fruit trees, and other plants, we first will try to follow the following Claims Policy:
CLAIMS: Any claims concerning plant materials must be submitted by Buyer in writing to Seller within the following periods after receipt of such plant materials by Buyer. Buyer may be requested to provide photos to support claim, or to return product subject to the claim at their expense.
A. Within 10 days of receipt of order: Claims for incorrect counts, sizes, or damage, subject to the provision of the sections and statements below.
B. By August 1st following date of delivery of SPRING shipped trees: Claims for mortality of fruit, flowering or shade trees or inadequate growth.
C. By May 1st following delivery of FALL shipped trees: Claims for mortality of fruit, flowering or shade trees or failure to start growth in the Spring following shipment.
D. We cannot honor claims for plants or trees that are planted in a USDA hardiness zone colder or warmer than a variety is customarily described to survive in according to information provided on the Grandpa’s Orchard® website. Such plants and trees are planted entirely at the Buyer’s risk for loss.
E. We will not honor claims for any trees or plants planted for the purpose of providing wildlife habitat, and not planted for the purpose of fruit or food production for human consumption in an adequately maintained setting, whether in a backyard orchard, home landscape, garden, or commercial setting. Wildlife plantings are too prone to damage from deer and other wildlife browsing, inadequate or too much irrigation or watering, planting into less than adequate soil or climatic conditions, and in general less than adequate and frequent periodic maintenance to insure adequate growth.
F. We may not honor claims for failure of rootstocks purchased for grafting or budding, as a certain loss is to be expected due to the smallness of the roots and the handling during subsequent propagation efforts by the Buyer. However, if you feel certain rootstocks are not growing as they should, please notify us of the problem as we might be able to help or may know of an existing problem.
NOTIFICATION OF PROBLEMS OR POTENTIAL CLAIM: The Buyer is required to communicate to us of potential problems or claims regarding the growth of plants within the above timeframe in order to qualify for warranty coverage. We request that you primarily notify us via email at CustomerCare@GrandpasOrchard.com or via snail mail at Grandpa’s Orchard, PO Box 773, Coloma, MI 49038. You may call and leave a voice mail, but there is always the potential the message may be lost. If you do not get a response within a short period of time, re-notify and keep bugging us.
Often we can help diagnose the problem that may be occurring. If you are able to take pictures of the affected trees and email them or send them via cell phone, they are really helpful. We will provide Grandpa’s cell number if texting is necessary.
We realize that sometimes, trees fail to start or perform according to expectation, and we will try to help resolve any problem if it is within our power, however, the buyer also is expected to provide adequate conditions and care to encourage proper growth. If you feel or suspect that your trees or plants are not growing and thriving, you must take the initiative to notify us in a timely basis of any potential problem of which you may expect us to help resolve. Do not expect us to believe the claim that trees failed to grow or leaf out within the first 30-60 days of planting, but then thought they might leaf out the next spring! They either will grow the first growing season, or they won’t!
We cannot fully honor claims for any plant which subsequently died from winter or spring cold or frost damage in any following season, but which grew and thrived during the first growing season after planting. Grandpa’s Orchard is not in control of the environment and cannot be held liable for extreme climatic or environmental changes or weather or Act of God. As a backyard orchardist, you must accept the risk of loss after the first growing season due to adverse conditions, Acts of God, or poor horticultural practices.
However, depending on the circumstances on how and when we have been notified, and what actions you have taken at our request to resolve problems with trees that are outside of the above warranty limitations, we will work to resolve issues and may voluntarily replace trees at ½ price, at our discretion. We understand that you may have paid a premium price for our quality trees, but might have suffered unforeseen problems or just plain bad luck! We often will help out to maintain goodwill. However, we are not like the “big box” stores that will replace without question trees or plants within a one year period regardless of how much negligence or lack of care they may have had.
Our goal is to keep our customers happy, satisfied, and successful in their home orchards.