The Todd Group Guarantee Policy

1. GUARANTEE: The contractor herein guarantees the above mentioned shrubbery and trees for one
calendar year from the invoice date of their planting except if injury or loss is caused by any one of
the following: (a) unseasonable or adverse weather conditions; (b) acts beyond the control of the
contractor; (c) improper irrigation or watering, (d) damage from animals or pests. Guarantee does not
cover perennials, annuals, sod or transplanted plant material. The Contractor’s above mentioned
guarantees are conditioned upon the purchaser giving notice in writing to the Contractor within ten
(10) days from date of injury of said shrubbery or trees.

2. LIMITATION ON GUARANTEES AND WARRANTIES: The said guarantee is in lieu of all other
implied or express warranties of merchantability or fitness for use or representation which have not
been incorporated into this contract. There are no guarantees or warranties which extend beyond the
description set out on the face hereof.

3. All guarantees as stated herein are waived by the purchaser if he/she defaults in their obligation as to
the payment for services rendered and materials provided according to the Contract Terms.

4. Replacements will not be completed on any shrubbery or trees as described herein if payments have
not been made that equal the contract value of said shrubbery and trees.