Terms and Conditions

Sales Agreement: Customer desires to purchase from Biograss® Sod Farms, and Biograss® Nurseries (collectively referred to herein as “Biograss”), and is willing to voluntarily accept this release and waive certain legal rights provided herein. It is agreed that title and ownership of listed merchandise is to remain with Biograss, until all such indebtedness and interest charges are fully paid.

 

Purchase Warrants: The Acceptor hereby represents and warrants as purchaser, or their duly authorized representative, that the purchaser is financially solvent, that the Acceptor is authorized to receive these goods and to execute this Agreement on behalf of Purchaser. Purchaser also agrees to pay finance charge of 2% per month (24% annually) on the past due balance and further agrees to pay all costs incurred in the enforcing of this agreement including Lien fees, or attorney fees.

 

Age Restricted Items: The Purchaser agrees to the following; The buyer is responsible to thoroughly inspect the item(s) prior to purchasing, to insure it is free of any defects, and that it matches the desired and implied characteristics. It is the responsibility of the buyer, not the seller, to ascertain, and obey, all applicable Local, State, and Federal laws in regards to the purchase, possession, and use, of any item purchased from Biograss. Absolutely no sales to persons under 18 years of age. Biograss reserves the right to decline any sale, and at its own discretion. The buyer represents that the item(s) will be used in a lawful manner, and that the he/she is legally allowed to possess them. Biograss will not be held liable for any misuse, damage, or defect, for any product purchased from us, or any of our distributors. Anyone attempting to falsify information, or defraud our company in any way, will be turned over to the police.

NOW, THEREFORE, in consideration of the right to purchase such products, Customer freely, voluntarily, and without duress agrees as follows:

Release and Waiver of Liability for PICKUP from Biograss® Loading Yard

If you (or anyone else on your behalf) choose to pick up any product from the Biograss loading yard, you (or that person) agree to assume the risks associated with that activity, including but not limited to those risks discussed herein. The products sold by Biograss are extremely heavy and their weight can significantly stress vehicles carrying those loads. You (or the persons picking up products on your behalf) are responsible to ensure the vehicle and/or trailer have passed a safety inspection and are capable of safely transporting this heavy load. In addition, the loading of these products requires your vehicle and/or trailer to be in extremely close proximity to forklift(s) and other heavy machinery. As a result, it is possible and maybe even likely that your vehicle or trailer will suffer damage, including but not limited to: scratches or dents to truck bed, bed lining, wheel wells, tailgate, or suffer other damages to tires, axles, suspension, engine or transmission. Customer understands and acknowledges that any activity in a loading yard is dangerous and involves inherent risks and dangers of accidents, emergency treatment, serious personal and bodily injury, death, property loss or damage, and severe personal and economic losses. These may result not only from Customer’s own actions, inactions, negligence, or fault, but also from the actions, inactions, negligence, or fault of others, the condition of certain premises, facilities, or equipment used, and other factors beyond Customer’s control. Customer understands and acknowledges that no amount of care, caution, instruction, warning, training, experience, or expertise can eliminate such risks and dangers. With a clear understanding of the risks involved, you hereby release Biograss and any of its employees or independent contractors from any and all losses, liabilities, damages, claims, demands, actions, lawsuits, expenses, costs, and any other liability of any kind or nature arising out of or relating to any loss, damage, or injury to Customer, Customer’s property, or any other person or entity, directly or indirectly arising out of or relating or attributable to Customer’s presence in the loading yard, even if due to the negligence, injudicious act, omission, or other fault of Biograss. Hand Loading: To minimize the risks herein, you are always welcome to hand load the purchased products yourself. To do so, you must clearly communicate this desire to Biograss yard personnel and follow their instructions regarding the proper place to park to complete the hand-loading of products. Biograss employees are not required to assist you in the hand loading of your product, or the handling of your personal property.

Release and Waiver of Liability for DELIVERY of Biograss® Products

If you choose to have product from Biograss delivered to a designated location, including a residence, park or commercial establishment, you agree to assume the risks associated with that activity, including but not limited to those risks discussed herein. The products sold by Biograss and the machinery used to transport products (generally a forklift) are large and extremely heavy. As a result, the landscaping, concrete, personal property, or structures nearby may suffer some damage, including but not limited to: tire marks, fluid leaks or cracks on the concrete or asphalt driveway; damage to the lawn, sprinkler heads, fence posts, overhanging cables; damage to car ports, rain gutters or overhangs; damage to a mailbox or vehicles parked on the property; or pets that can escape from their enclosure or become harmed. You are responsible to ensure the location you have designated for the drop off can safely accommodate the products and that Biograss can safely transport the products to that location without causing damage. By default, Biograss will deliver to the nearest boundary of the designated address adjacent to a public street or right of way. By choosing a location other than this increases the aforementioned risks. Biograss reserves the right to decline to deliver its products to your preferred location for any reason and in its sole discretion.

With a clear understanding of the risks involved, you hereby release Biograss and any of its employees or independent contractors from any and all losses, liabilities, damages, claims, demands, actions, lawsuits, expenses, and any other liability of any kind arising out of or relating or attributable to any loss, damage, or injury to Customer, Customer’s property, or any other person or entity, even if due to the negligence, injudicious act, omission, or other fault of Biograss.

 

Binding Effect: It is Customer’s expressed intent that this Release shall bind Customer and, Customer’s Co-workers, family members, spouse, partner, heirs, assigns, personal representatives, executors, administrators, and anyone entitled to act on Customer’s behalf.

 

I the Acceptor, or Purchaser, am 18 years of age or older and have carefully read, fully understand, and agree to all of the terms of this Release. I understand that I am giving up substantial legal rights, and I certify that I am under my own free will. This Release is immediately binding and irrevocable.