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terms AND CONDITIONS
TERMS AND CONDITIONS
AGREEMENT, TERMS AND CONDITIONS
The following terms and conditions shall apply to any product purchased from National Sod Wholesalers d/b/a New Jersey Sod Company which shall hereinafter be referred to as “NSW”. The purchaser or other person accessing NSW’s website shall be referred to as “Customer”. NSW, provides Customer access to NSW’s website via computer or wireless device on the condition that said access is subject to the terms and conditions set forth below, including all documents, policies and guidelines incorporated therein, if any. PLEASE READ ALL TERMS AND CONDITIONS CAREFULLY. By accessing NSW’s website Customer agrees to be bound by the terms and conditions set forth below.1. Customer is responsible for the providing complete and accurate information as to quantities ordered, delivery location, and method of payments. Customer is solely responsible for any errors or delays in deliver caused by incorrect information provided by Customer.2. All deliveries will be made to the property line where it meets public access at the address provided by Customer. Delivery is not guaranteed to specific areas of the property. The location of all delivers shall be at the sole discretion of NSW. If the customer requests delivery on the property, deliver on the property will be made solely at the discretion of NSW and based on the ability of the driver to safely do so. NSW will not be liable for any damage to any property that occurs during delivery including, but not limited to, tire ruts, cracked irrigation lines, damaged fences, or cracked pavement. The final decision as to whether to make an on-property delivery will be in the sole discretion of NSW after the driver has seen the property and the requested delivery position. Sales are final and sod may not be returned if driver determines it is unsafe for an "on property" delivery in which case the sod will be delivered to and set at property line on public access.3. All sod must be placed and installed within 24 hours of delivery and properly maintained by Customer.4. Sod may only be returned with NSW’s consent. Sod may only be returned within 24 hours of delivery and pictures or video must be sent of the quality issue within the first 24 hours.5. Customer must report any delivery or quality issues, including shortages, to NSW within 24 hours of delivery of sod.6. Customer is solely responsible for proper preparation of prior dirt area, and maintenance of all sod post-delivery.7. Applications of pre-emergent, post emergent, or other weed reducers or killers are done at the customer’s risk and NSW shall not be responsible or liable for the results, or lack of results, of same.8. Cancellations of orders, where permitted, must be made not less than two business days before the scheduled delivery date and may only be accepted at NSW’s sole discretion after that time.9. NSW may cancel delivery at any time based on weather conditions. NSW will attempt to give at least 12 hours notice of cancellation where and when conditions permit.10. Delivery times are approximate and NSW shall not be liable or responsible for shipping or delivery delays.11. In any event, NSW Liability’s is at all times limited to the cost of sod ordered and shall not exceed that amount. In no event shall NSW be liable for any indirect, direct, remote, consequential, or special damages and shall not be liable for damages related to loss of profits or loss of use.12. Customer shall be solely responsible for risk of loss upon shipment of any order and shall provide insurance coverage for same.13. Claims for shortages must be reported immediately and verified by an independent party at the customer’s sole expense.14. If sod is installed out-of-season NSW does not warrant or guarantee it will come out when its season begins.15. Sod shade tolerance is approximate and NSW will not be responsible or liable if there is inadequate light to allow proper growth of any installation. Customer is sole responsible for verifying all site and installation conditions.16. Customer acknowledges that insects and pests are a naturally occurring element in sod and other agricultural products and that NSW is not responsible or liable for insects or pests living in any sod before or after installation or previously in the ground, surrounding area, or dirt at the farm, the installation site, or otherwise.17. Customer acknowledges that weeds are a naturally occurring element in sod and other agriculture products and that NSW is not responsible for any weeds that occur after the sod is installed or that are present in the sod but not obvious on visual inspection.18. All product is sold where is as and NSW makes no warranties express or implied except as may be set forth upon the face of the order. NSW SPECIFICALLY DISCLAIMS ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSES AS WELL AS ALL WARRANTIES OF MERCHANTIBILITY.19. Customer authorizes any bank to deduct checking and or savings payment(s) from the indicated checking and or savings account immediately upon the submission of each order.20. If a payment profile is or has been created, customer authorizes NSW to charge any credit or debit card payments to customer’s credit or debit card(s) and customer further authorizes customer’s bank to deduct any checking and savings payment(s) from customer’s checking or savings account immediately upon the submission of each order.21. If NSW is unable to secure funds from customer’s credit or debit card(s) or customer’s bank for any reason, including, but not limited to, insufficient funds in customer’s credit or debit card or bank account or insufficient or inaccurate information provided by customer when submitting customer’s electronic payment, NSW may undertake further collection action, including application of fees to the extent permitted by law or hereunder.22. Customer’s cooperation is essential to the proper and timely fulfillment of customer’s order and customer agrees to provide all information requested by NSW or necessary to full complete and deliver customer’s order.23. All issues related to Customer’s order, all related transactions and the construction or application of these terms shall be determined in accordance with the laws of the State of Delivery.24. By submitting its order to NSW Customer acknowledges that it has read all terms and conditions, understands same, and agrees to bound by each.25. The information and descriptions contained in NSW ’s website are intended as general information and are not necessarily complete descriptions. Product availability varies and is subject to verification. Description of a product or service on NSW ’s website does not constitute an offer to sell until availability is verified.26. The information contained in NSW ’s website was believed to be accurate at the time it was posted. NSW periodically updates the information on its website. However, NSW does not accept responsibility for the timeliness of the information at the time it may be accessed nor does it accept any liability for any errors or omissions therein.27. NSW ’s website may contain links to other Internet sites ("third-party sites") that are not controlled or maintained by NSW . These links, if any, are provided as a convenience to visitors to NSW ’s site. NSW is not responsible for and makes no warranties or representations about the contents of any third-party websites nor does it approve, endorse or certify information available at any third-party website or linked addresses contained herein.28. The Customer’s order together with these terms and conditions constitute the entire agreement between the parties and all prior agreements or discussions are merged herein. No agreement between the parties made prior to, during the placement of this order, or subsequent thereto shall be binding upon either party unless made in writing as an amendment to this order and these terms and conditions which must be duly signed by both parties.29. The terms and conditions set forth herein may be changed or modified from time to time in the sole discretion of NSW . If changed, NSW will post the new terms and conditions on its website. Changes or modifications will be effective upon posting to the website. Customer’s accessing or using NSW ’s website following any changes or modifications will constitute Customer’s acceptances of all terms and conditions as revised.30. If any provision herein is deemed to be unlawfully, unenforceable, or void that provision shall be deemed severable and shall not affect the enforceability of the remaining terms and conditions.31. These terms and conditions shall be deemed to be and construed as a part of an agreement between the parties and shall be enforceable in a court of law in the same manner as any other contract. The parties agree that these terms and conditions shall be admissible in any court or arbitration proceeding.