Warranty Policy & Guidelines

1.Introduction

This Policy is arranged by Meristem Design Limited incorporated and registered in England and Wales under Supplier number 1053312 whose registered office address is at 4th Floor Holden House, 57 Rathbone Place, London, England, W1T 1JU (‘Supplier/we’).

The Supplier provides high-quality green infrastructure products. We take pride in our products and service and will do everything we can to create a positive customer experience.

To help ensure your Goods are maintained, we highly recommend you arrange an ongoing maintenance Service contract with the Supplier at the time of purchase. If this is not possible, please follow the maintenance guidelines set out at Schedule 1 in order to remain eligible for any warranty provided by the Supplier. We will also provide you with any further maintenance actions you should implement relevant to your Order.

Unfortunately, there may be some situations where it is not possible for us to offer a maintenance service due to your geographical location but may be able to recommend something locally.

In the event, you do have an issue with the Goods or the Service you have received, please contact the team right away so we can advise on the best course of action.

Please treat the below as a set of guidelines you need to follow in order to qualify for a warranty claim.

2. Definitions:

Conditions: means the terms and conditions provided with the Order together with any warranty maintenance guidance provided.

Contract: means the contract between the Supplier and the Customer for the supply of Goods and/or Services in accordance with the Conditions.

Customer / You: the person or firm who purchases the Goods and/or Services from the Supplier.

Goods: the goods (or any part of them) set out in the Order.

Good Specification: any specification for the Goods, including any relevant plans or drawings, which is agreed in writing by the Customer and the Supplier.

Maintenance Guidelines: the guidelines set out at Schedule 1 of this Policy.

Order: the Customer's order for the supply of Goods and/or Services, as set out in the Customer's written acceptance of the Supplier’s quotation, unless agreed otherwise in writing between the Supplier and Customer.

Policy: means this warranty policy.

Services: means the services, supplied by the Supplier to the Customer as set out in the Service Specification.

Service Specification: the description or specification for the Services provided in writing by the Supplier to the Customer.

3. Understanding the policy

You are requested to read this policy in its entirety alongside, the Contract, Conditions, the Service / Goods Specification and Warranty Maintenance Guidelines in order to understand the extent of cover. If any information contained in the Policy is not clear, please contact the Supplier.

The Customer is entitled to make a claim under this Policy if the requirements below are met.

4. Warranty period and procedure

Subject to clause 5.4 of the Conditions, the warranty period for all Goods and Services provided by the Supplier is 12 months from the date of delivery (Warranty Period), providing the Goods:

(a) conform in all material respect with the Goods and/or Service Specification;

(b) are free from material defects in design, material and workmanship;

(d) are fit for any purpose held out by the Supplier.

In the event, the Goods and/or Services do not conform to the requirements and the Order is within the Warranty Period, the Customer will be able to notify the Supplier in accordance with clause 5.2 of the Conditions.

5. What does the policy cover?

The following list of Goods and Services are covered by the Policy:

(a) Living walls.

(b) Metal planters;

(d) Parklets;

(e) Timber planters; and

(f) other street furniture

The Warranty Period in relation to any planting and botanical goods is only covered under the Meristem maintenance contract as per the ‘Planting’ section detailed in ‘Schedule 1’ below.

During the Warranty Period, if a claim is made in respect of the above Goods and Services, the Supplier is entitled to:

(a) examine such Goods; and

(b) the Customer may be required to return the Goods to the Supplier’s place of business at the Supplier’s cost. The Supplier shall reimburse any reasonable expenses provided this is evidenced (receipts);

Accordingly, the Supplier shall repair or replace the defective Goods or refund the price of the defective Goods in full. This is further detailed in clause 5.2 of the Conditions.

6. What does the policy not cover

The Goods and/or Services will not be covered by this Policy if:

(a) the Customer makes further use of the Goods after informing the Supplier using the procedure cited in clause 5.2 of the Conditions;

(b) the defect arises because the Customer failed to follow the Supplier’s oral or written instructions or guidance in respect of storing, installing or commissioning, using or maintaining the Goods;

(c) the defect arises as a result of the Supplier following any drawing, design or specification supplied by the Customer;

(d) the Customer alters or repairs the Goods without the written consent of the Supplier;

(e) the defect arises as a result of wilful damage, negligence, or abnormal use of which the product was not designed for;

(f) the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements;

(g) splits and warping have occurred in timber as a result of natural processes when wood expands and contracts (this will not affect the stability of the planters)

(h) unforeseen/uncontrollable events such as severe high winds, widespread flooding or extreme temperatures; or

(i) any other unforeseen damage whether it was caused accidentally or intentionally.

7. The law applicable to this policy

This Policy, all agreements and any dispute or claim made arising out of or in connection with it or its subject matter or formation between the Customer and the Supplier shall be governed and construed in accordance with the laws of England and Wales.

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract or its subject matter or formation.

Schedule 1: Warranty Maintenance Guidelines

If you have a problem with your purchase or the service you have received, please contact the team right away so we can advise of the best course of action to make it right.

Please treat the below as a set of guidelines you need to follow in order to qualify for a warranty claim.

Warranty Description

The following list of products and services explains the steps you should take to stay within your warranty. There are a few unforeseeable events that are unfortunately outside of the warranty, but we will do our best to help you regardless.

Planting

All planting has basic needs and must be sufficiently watered, fed and cared for if you expect it to establish and thrive. Plants and trees will require regular watering in dry periods. Insufficient watering will more than likely result in the planting to fail.

The location and species of your plants, shrubs or trees will determine the frequency of watering and feeding required.

If you choose to forego a maintenance contract with Meristem, the team can advise you on this but it will be down to you to ensure the plants needs are met.

Natural failures (not due to vandalism or lack of water) after planting will be replaced by Meristem Design free of charge up to three (3) months from the date of planting.

Metal Planters, Parklets and other Street Furniture:

Metal surfaces must be wiped down with soapy water at least once every 6 months or once a month in coastal areas. This will help prevent the ingress of contaminants and moisture that could lead to oxidation, paint peeling, leachate and other surface defects.

Defects or damage to the surface should be sanded back, primed with a zinc spray paint primer and painted with a top layer of paint as soon as it is noticed to halt oxidation, lifting, flaking or bubbling of painted surface. For this reason, we highly recommend carefully checking all painted surfaces around your metal product/s on a weekly basis to check for any signs of damage.

This is important as corrosion as a result of mechanical damages cannot be included in the warranty.

Over time you may expect some signs of rust or paint failure to occur, especially with planters kept outside. Some bubbling or paint blisters may occur as water can find it’s way through the protective layer of paint. This can be minimised or even prevented altogether but it is reasonable to expect this as part of the wear and tear of metal work over time.

Staining on the pavement or surrounding surfaces may occur from minerals in the soil, algae, aggregates or oxidisation run off from metal surfaces. This can be managed with regular cleaning (at least once a week depending on the level of leachate). Meristem Design cannot be held responsible for staining due to insufficient cleaning of surfaces.

Timber Planters including SuDS planters and green screens:

Timber should be treated at least once annually with an appropriate preservative such as oil or wood stain and may need pressure washing or scrubbing to remove any algae or other organic matter that has accumulated on the surface. Removing litter and clearing spillages will also prolong the lifespan of timber.

In the absence of this level of maintenance, we may be unable to cover decomposition or other problems with the timber. Timberwork or materials that have been neglected or vandalised cannot be included in our warranty.

Living Walls:

Irrigation is an essential part of a living wall system as some troughs are often out of reach of the rain or a watering can/hose. This must be periodically checked for any problems in accordance with our recommendations and switched off when temperatures fall below freezing.

Failure to follow these instructions may result in the failure of planting or removal of the wall for which we cannot be held responsible.

Meristem Maintenance Contract Example

What is included in a maintenance contract - The list below gives an example of a maintenance package, we will provide you with Service Specifications of this, relevant to your Order:

1. Watering plants and trees to their specific watering requirements

2. Removal of leaves and other debris from the planters

3. Cleaning of both plants and planters (removal of graffiti is an additional charge)

4. Feeding of plants and trees during the growing season

5. Pruning and trimming the plants and trees where necessary

6. Control of pests and diseases

7. Plant replacements for natural failures

8. Topping up mulch to 50mm depth once per year

9. Monthly planter safety check and detailed report sent to the client

If there is no aftercare of your purchase in place by the Supplier, yourself or another party, you may expect planting to perish during dry weather. Especially in the first month as the plants will not have fully established.

Dirt will also accumulate on surfaces and take its toll over time if not managed properly, this may cause degradation to metal and timber surfaces including rust and leachate build up. Damage sustained following installation can accelerate this process.

If the suggested level of maintenance is in place, we will offer to replace or repair your purchase within 1 year from the date of installation in line with the terms set out in this warranty. This includes:

● Powder-coated planters and furniture

● Timber planters and furniture

● Base planting

● Trees

Any defects or problems beyond this period will be assessed on a case-by-case basis between Meristem Design and yourself.