Buyer requests that iTrees.com, Inc. deliver goods as requested by buyer. The Buyer shall pay upon ordering, or if not paid upon purchase, upon delivery, the full amount owed. Buyer acknowledges that it has knowledge in the selection and use of the trees to be purchased from iTrees.com, Inc., and expressly disclaims any reliance upon any statements or representations made or to be made by iTrees.com, Inc. with regard to the trees purchased. Buyer also waives any liability upon iTrees.com, Inc. for any direct, special, or consequential damage that Buyer may suffer.
All claims arising out of or relating to this agreement & sale shall be litigated exclusively in the State Courts of Grundy County, Illinois, USA, or if applicable, the Federal District Court of the Northern District Courts of Illinois. iTrees.com, Inc. and customer consent to personal jurisdiction in those courts.
In the event that buyer fails to pay for any product delivered, buyer agrees to pay iTrees.com, Inc. all of its costs incurred to enforce this agreement, including but not limited to attorney's fees, court costs, deposition and transcript costs, service of process fees, bonds costs, and expert witness fees.
iTrees.com, Inc. Assurance™ Full Replacement Warranty
ITREES.COM, INC. (herein "itrees.com" or "Seller") grants a Limited Warranty on all trees sold to its Buyers. By purchasing a Tree from itrees.com, Inc through the website or by any other means, you are agreeing to the terms of this Sale Agreement, and further acknowledge that you understand the terms of the Limited Warranty offered by itrees.com, inc.
Itrees.com, inc. warrants to replace any tree that dies within one year of the purchase date. Itrees.com, inc further warrants that all trees will arrive disease and insect free.
Itrees.com, inc. agrees to provide a replacement, but costs related to replacement are not covered.
Such costs may include, but are not limited to:
a. Labor charges for service, removal, repair or reinstallation of the tree;
b. Shipping, delivery, handling and administrative charges for forwarding the tree;
c. All necessary or incidental costs for any materials and/or permits required for installation of the replacement of the tree.
Any claim related to this warranty must be made by buyer within the warranty period, and should be made through the contact page available a twww.itrees.com/contact/. You will then be required to cooperate with the employees and agents of itrees.com, inc. to provide any reasonable additional information necessary to process your warranty claim. Itrees.com, inc. will not be responsible to replace any tree that is damaged or destroyed as a result of buyers negligence. For purposes of this limited warranty, the one year warranty shall begin on the date of sale/purchase. The warranty on the replacement trees will be limited to the unexpired term of the original warranty. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
NO IMPLIED WARRANTY INCLUDING THE WARRANTY FOR MERCHANTIABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS GRANTED.
No warranty shall attach if full payment is not made by Buyer. This warranty is limited to the original consumer purchaser, and is not assignable or saleable to third parties. Itrees.com, inc. will only honor replacement with an identical or similar tree grown and distributed by itrees.com, inc. Buyer acknowledges that an exact replacement may not be possible given the nature of the product.
NO OTHER EXPRESS WARRANTY HAS BEEN MADE OR WILL BE MADE ON BEHALF OF THE WARRANTOR WITH RESPECT TO THE TREES. THE WARRANTOR WILL NOT BE RESPONSIBLE FOR DAMAGE, LOSS OF USE OF PROPERTY, INCONVENIENCE, LOSS OR DAMAGE TO PERSONAL PROPERTY, WHETHER DIRECT OR INDIRECT AND WHETHER ARISING IN CONTRACT OR TORT.
Itrees.com, inc. will not be responsible for any incidental or consequential damages, and such damages are specifically disclaimed by buyer. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.