Terms of service

TERMS OF SERVICE
Last updated: September 16, 2026

Welcome to Pro Growers of New England, Inc. ("Pro Growers," "we," "us"). By accessing our website or placing an order, you agree to the following Terms of Service.

1. General
Pro Growers provides nursery stock and related services directly to customers within our service area. By using our website or purchasing from us, you agree to comply with and be bound by these Terms. We reserve the right to update or modify these Terms at any time without prior notice.

2. Orders & Payment
All orders must be paid in full at the time of checkout unless otherwise agreed to in writing. Submitting an order does not guarantee availability. In the event of inventory discrepancies, we reserve the right to substitute (in accordance with our Substitutions policy below), delay, or cancel items, and will notify you accordingly. Pricing is subject to change without notice.

3. Substitutions
Our plants are living inventory, and availability at a specific grade or size can change between the time an order is placed and the time it is fulfilled. To complete your order promptly rather than delay or cancel it, Pro Growers may substitute the nearest comparable grade of the same variety, up to one grade in either direction:

  • A larger grade will be supplied at no additional charge.
  • A smaller grade will be supplied with a refund of the price difference to your original payment method.

Substitutions are not automatic. We will make reasonable efforts to contact you before substituting — particularly for a smaller grade — and you may decline and instead have the affected item refunded. If we are unable to reach you in time to meet your scheduled delivery or pickup, we may proceed with a substitution as described above and will provide written notice of the change (on your invoice and by email), together with any applicable refund. Your right to inspect and submit a written claim within 24 hours of delivery or pickup, as described in our Refund Policy, still applies. For orders of multiple plants where uniformity matters (such as hedges or screens), any substitution will be applied consistently across the affected item so your planting stays matched.

4. Delivery & Installation
Delivery and installation services are offered within a defined service area.

  • Delivery dates are estimates and may be affected by weather, site conditions, or scheduling constraints.
  • The customer is responsible for ensuring site access for delivery trucks and equipment.
  • Pro Growers is not responsible for damage to underground utilities, irrigation, or unmarked structures. Any special requirements must be communicated prior to delivery.

  • Delivery & Installation Timing:

    • Orders requiring delivery only will be delivered within 1-5 business days of order placement.
    • Orders requiring installation will be scheduled within 1-21 days. Installation scheduling depends on crew availability and site conditions.

5. Product Condition & Acceptance
All plant material is guaranteed to be healthy and true to name at the time of sale or delivery. The customer (or their representative) is responsible for inspecting all products upon delivery or pickup. Claims of incorrect material, shortages, or visible damage must be submitted in writing, with photos, within 24 hours of pickup or delivery. If no written notice is received within this period, the order is deemed accepted in full and responsibility for the plant material transfers to the customer.

6. All Sales Final
All sales are final. Due to the living nature of plant material and variables beyond our control—including planting methods, watering, soil conditions, weather, and ongoing care—we do not offer returns, exchanges, or refunds, except for price-difference refunds issued in connection with a grade substitution under Section 3.

7. Customer Responsibility
Proper planting, watering, and maintenance are the sole responsibility of the customer after acceptance of the product. Pro Growers is not responsible for plant failure due to improper care, environmental conditions, or site-specific issues.

8. Limitation of Liability
To the fullest extent permitted by law, Pro Growers shall not be liable for any indirect, incidental, or consequential damages arising from the use of our products or services. Our maximum liability, under any circumstance, shall not exceed the amount paid for the product or service in question.

9. Cancellations
Orders may not be canceled once scheduled for delivery or once plant material has been allocated. Any exceptions are at the sole discretion of Pro Growers.

10. Force Majeure
We are not responsible for delays or failure to perform due to events beyond our control, including but not limited to weather, supply chain disruptions, labor shortages, or acts of God.

11. Governing Law
These Terms shall be governed by and interpreted in accordance with the laws of the State of New Hampshire.

12. Contact Information
For any questions regarding these Terms, please contact:
Pro Growers of New England, Inc.
85 South Main St, Newton, NH 03858
(603) 377-6127
cschulte@progrowersne.com