Terms & Conditions
By visiting our site or by purchasing something from us or receiving any product or services from Champion Mulch, LLC (hereinafter “CM”, “We”, or “us”), customer (hereinafter “You”) hereby agree to the terms and conditions below and agree to check our website: championmulch.com/terms. You are responsible for making sure you review and understand these terms and conditions. Unless there exists another written agreement executed you and us that states it is a “contract”, these terms and conditions shall be the binding terms.
These terms and conditions are subject to change from time to time and it is your responsibility to check the website for the latest version.
RETURNS / REFUNDS / EXCHANGES: All sales are final. No returns, refunds or exchanges should be expected nor will be granted.
WEBSITE: You agree not to rely upon any information including pricing information on the website, such information is for general guidance only and may not be reflective of the current state of prices or product availability. CM maintains a list of up to date pricing and available products that can be obtained from a personal visit to CM’s facility or it can be sent in writing, upon request. But you agree you cannot and will not reply on anything stated or contained in the website.
COPYRIGHT: you agree that you shall not copy, publish, reproduce in any way, or otherwise use any images, content, or other materials including logos or other information on CM’s website without CM’s express written permission.
YARDAGE DISCREPANCIES: If you have any concerns or questions about the measurement of yardage (after delivery) or the amount of product ordered, you must contact us within 24 hours of delivery and before applying material to landscapes. No corrective action will be taken if material is applied or otherwise used in any way. If you have any concerns with CM, you must send us written notice, via certified mail, and inform CM of any concerns as soon as possible but within 72 hours if possible. Please also send an email to [email protected].
COLORED MULCH: When utilizing or ordering colored mulch, CM recommends 48 hours of “dry time” after installation, to prevent the colorant from washing off. We do not recommend installing colored mulch in times of rain and/or if rain is forecasted. Mulch should only be installed when the surface is dry and has been continuously dry for 48 hours. Avoid sprinkling areas for 48 hours. Install in these conditions at your own risk. No corrective action will be taken if colorant washing occurs. CM highly recommends placing your colored mulch on a tarp upon delivery as we are not liable for any staining on driveways, walkways, or stone paths.
MOLD AND SLIME: CM is not liable for any mold or slime which may grow or be found on your mulch as it is a natural occurrence on highly organic products. To avoid mulch mold or slime, we recommend that you avoid overwatering the mulch bed(s) and freshen up the much bed(s) a few times a month with a rake. Further, when watering any plants, pour the water as close to the roots as possible.
DELIVERIES: You have the right to utilize any third party delivery service of your choosing for your purchase of any of CM’s products. Even assuming CM provides delivery or contracts with a third party to deliver your purchase, you agree that CM shall assume no liability whatsoever for any damages or actions that occur as a result of or relating to the delivery process. You agree to absolve CM from any and all liability related to, relating, or occurring from any delivery of any CM product. This liability waiver includes but is not limited to incidental or consequential property damage that may occur during the delivery including but not limited to: cracking of driveway surfaces, landscape and/or lawn damage, or other property damage. We will take commercially reasonable precautions to minimize damage, but damage can occur. You are responsible for specifically advising where a delivery should take place and you will be responsible for any damages or consequences. You assume full responsibility for product unloaded in public rights-of-way (including the risk of damage or injury to others) or that you request to be dumped in areas other than driveways. CM’s drivers reserve the right to dump or deliver the product to an appropriate area. Standard delivery rates apply to unloading material in one location on driveways or other easily accessible areas. Deliveries requested to be unloaded in more than one location, areas other than driveways, or areas with poor access may be subject to additional fees. If it is required or requested to hand deliver the product(s) to a certain area, delivery will be subjected to additional fees. CM cannot and does not guarantee exact or precise delivery times, due to among unforeseen conditions, such as traffic.
OWNERSHIP: You warrant that the property in which the delivery of your CM purchase takes place is either owned by you or that permission has been obtained from the owner. You as the property owner or lawful agent thereof, will hold CM harmless and indemnify it from all claims for damages resulting from the customer’s failure to obtain permission to access property to facilitate this contract.
MARKETING RELEASE: You authorize CM to photograph or video record Your property in relation to the Contract and may use the photographs or videos in any type of media. No monetary compensation will be provided. Additionally, CM reserves the right to install temporary yard signs during delivery.
PAYMENT: A full payment must be received prior to delivery. An online payment, money order, check, credit card or cash are all viable options to satisfy payment. For check payments that are returned for lack of funds, the check writer shall be responsible for making restitution for the amount due, plus a $35 fee.
LIMITATION OF SERVICES AND LIABILITY LIMITATION: Absent a separate written contract, CM is not providing any home improvement work, is not acting as your home improvement contract, is not providing home improvement services, nor is CM providing any other consumer services. It is merely providing a product and not making any warranties or guarantees of any kind. Customer assumes all risk with utilizing the product and agrees not to hold CM liable for any damages resulting from the use of the product. CM makes no representations as to whether the product is appropriate for delivery, appropriate for the property, or appropriate for whatever use you desire. Further CM makes no representations concerning whether any products poses any danger to animals, other plants, any other individuals, or poses an attractive hazardous nuisance to children, you should consult an environmental professional and professional landscaper to assist you with the products. CM is not liable for any consequential or other damages of any kind related to your use of CM’s products.
CM cannot be liable for any visual representations made on CM’s website, color concerns or dissatisfaction you may have for the way something looks, or a color, or how something fits into your property. Once product is delivered, it cannot be changed, replaced, or returned.
HOMEOWNER ASSOCIATION (HOA): CM is acting as the sole manufacturer, delivery agent and executor and is not responsible for HOA or other government approvals of any kind. CM shall not and will not obtain any or all the necessary approvals regarding color, texture, or any other requirement. CM does not in any way make any representations, warranties of any kind including but not limited to compliance with any HOA or other law, regulation, or statute.
DISCLAIMERS: You agree not to use our products for any illegal or unlawful purpose and you agree to indemnify and hold us harmless in the event it is determined that you have used our products for any such conduct.
LOYALTY PROGRAMS, PROMOTIONS, COUPON CODES: Unless otherwise specified, for all loyalty programs, promotions, coupon codes, and special offers of CM please see Terms and Conditions for Loyalty Programs, Promotions, Coupon Codes.
OPTIONAL TOOLS: We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS: Certain content, products and services may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SEVERABILITY: If any term, provision or paragraph is unlawful, against public policy, or otherwise void by law, then said term, provision or paragraph shall be removed but all other terms and conditions shall remain in full force and effect. If any provision of this Contract is held unenforceable, then such provision will be modified to reflect the parties’ intention.
ATTORNEY FEES AND COSTS: In the incident that any legal action is taken on behalf of CM or you in any action related to any relationship formed or dispute between you and CM, the prevailing party shall be entitled to reasonable attorney’s fees. Maryland law shall govern any relationship between you and CM. Any claim shall only be adjudicated in the Howard County Courts in Maryland.