Who is liable for non-grown plants?


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If the horticultural company has been commissioned not only with the delivery, but also with the planting work in the garden and then enters the hedge, is liable in principle the horticultural entrepreneur, provided that its actual performance deviates from the contractually agreed performance. It can be expected of a specialist company that he has the necessary knowledge and skills to create a technically flawless trade.

For example, there is also a shortage when a gardening and landscaping company plants sun-loving plants in the shade, but also when it gives the garden owner incorrect care instructions and the plants then go there. If nothing special has been agreed by contract, the law provides for claims for so-called defectiveness of the work.

If the client can prove that a defect was caused by a mistake of the entrepreneur, he can demand from the entrepreneur first the elimination of the defect or the new production - here the entrepreneur himself can choose one of both possibilities, whereby it for the execution of the rework an appropriate Deadline must be set. If this period expires without result, you can eliminate the defect yourself (self-performance), withdraw from the contract, reduce the agreed price or demand compensation. The claims usually become time-barred within two years. The limitation period always starts with acceptance of the work.

Agreement of a growth guarantee

Often there is also the possibility to agree in the contract with the horticultural entrepreneur that he assumes a guarantee for the growth of the plants. Thus, it can be agreed that the client gets his money back if the plants do not survive the first winter regardless of a fault of the entrepreneur to be proven. Since the operation in this case carries a higher risk, provided that he does not take over the completion of maintenance itself, such agreements are usually associated with higher costs, of course.

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