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The way I see it is that you do share some liability for those trees for two reasons. First, it is a regular maintenance client for you and, presumably, you were on site fairly regularly where the status of the new planting could have been checked. And second, you admitted that you didn't spell out the cultural requirements necessary for the planting (I know that people SHOULD know that they need to water, but...).
I'd offer the 1/2 price replacements, or maybe just offer to replace them on a maintenance visit at the cost of the trees. You said that this is a good client that has scored you additional work over the years, so you do need to take that into account.
Also, when you do planting, you NEED to have a statement (contract) spelling out your replacement policy so as not to have this kind of thing bite you in the ass in the future.
As an aside here, I think the idea of selling an "extended warrantee" has some merit. Hmmm....
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Jesse
Last edited by trees : 11-15-2005 at 10:36 AM.
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