Terms and Conditions

Welcome to our website. By continuing to visit and browse this website, you agree to comply with and be bound by the following terms and conditions of use, which, together with our privacy policy, govern Texas Garden Materials’ relationship with you regarding this website. If you disagree with any part of these terms and conditions, please do not use our website. The term “Texas Garden Materials” or “us” or “we” refers to the owner of the website. The term “you” refers to the user or viewer of our website.

General Terms of Use

  • The content of this website is for your general information and use only and is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose.
  • Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
  • From time to time, this website may include links to other websites. These links are provided for your convenience and do not signify that we endorse the linked website(s). We are not responsible for the content of linked website(s).

Sales Tax

  • An 8.25% Texas Sales Tax applies to all items shipped to Texas addresses or items retrieved from our landscape supply yard.

Warranty

What is Covered:

  • All products are warranted against defects in materials and workmanship.

Who is Covered:

  • This warranty extends only to you as the original purchaser for a residential application.

What is Not Covered:

  • Normal wear and tear, abuse, misuse, or improper installation.
  • Loss of original color intensity due to long-term exposure to sunlight.
  • Cracking of plastics from direct sunlight exposure.
  • Variations in colors between lots and discrepancies from sample swatches.
  • Product shipped and used outside the 48 Contiguous States.

Duration of Coverage:

  • Refer to individual product descriptions for specific warranty terms.
  • Commercial usage has a limited replacement-only warranty of one year from purchase.

Remedies:

  • If your product is defective during the warranty period, we will, at our discretion, repair or replace the defective product at no charge.
  • No liability is assumed for transportation costs, removal/reinstallation costs, or incidental damages.

Supplementary Information and Policies

Delivery Service Payment Policy (Supply Delivery Service Only)

  • Full payment is required upon order approval and before scheduling delivery.
  • We are equipped to handle residential and commercial deliveries with a diverse fleet.
  • Note: Texas Garden Materials is not liable for any damage to lawns or driveways due to the weight of delivery vehicles.
  • All material orders are final.
  • The driver will determine the most appropriate unloading area if access to the delivery site is restricted (e.g., by trees or structures).

Landscape Service Payment Policy (Supply Landscape Service Only)

  • A 50% deposit is required to begin work, with the remaining 50% due upon project completion.
  • Any changes to the project scope will require a written amendment and may incur additional charges.
  • This quote excludes unforeseen challenges, price fluctuations, or additional labor.
  • Delayed payments will incur a 10% daily penalty beyond completion.

TGM Return Policy

  • All sales of natural stone, grass, and other products are final.
  • We cannot be held responsible for discoloration, mold, or damage after purchase.
  • External factors, such as environmental conditions, are beyond our control.

TGM Cancellation Policy

  • Cancellations must be made 48 hours before the scheduled delivery or landscape service to avoid fees.
  • Cancellations within 48 hours will incur a 20% fee of the total amount.
  • Cancellations on the day of delivery or landscape service will result in a 50% fee.
  • Note: There is no cancellation for grass orders.

Insurance and Liabilities

  • Texas Garden Materials carries comprehensive General Liability Insurance, covering up to $1,000,000 for property damage and $500,000 for bodily injuries.
  • We are not liable for damage to plant life caused by external factors beyond our control.

Uploaded Content

  • You are entirely responsible for all content (data, documents, photographs, etc.) uploaded via this website.
  • Content must not violate intellectual property rights or contain harmful software.

Registration Obligations

  • You must register with truthful and accurate information.
  • You are responsible for maintaining the confidentiality of your UserID and password and for all activities under their use.

Limitation of Liability

  • Texas Garden Materials assumes no responsibility or liability for errors or omissions on this website.
  • We are not liable for direct, indirect, incidental, or consequential damages resulting from the use of this website.

Force Majeure

  • We are not liable for delays or failures caused by events beyond our control, including natural disasters, labor strikes, or supply chain disruptions.

Governing Law

  • These terms and your use of the website are governed by the laws of the State of Texas. All disputes must be resolved in Texas courts.