GAMMON LANDSCAPE NURSERY INC

"We are very sorry for the customers loss, but we are not responsible for the damage of these plants. Our sales employee did omit the travel time in his quote (From Auburn, Maine to Rangely, Maine), we notified the customer and he agreed to pay the extra cost. We met at his site at an agreed time and planted the Arborvitae according to standard practices. The customer was pleased to the point of tipping our crew. At some point over the winter, the customer left his site for three months and came back to find his Arborvitae had been eaten. The customer admitted that he did not see any deer tracks or droppings, nor did any one else, giving no proof deer had eaten the Arborvitae. They could have been eaten by another foraging animal like moose, bear, porcupine, etc. Deer in different areas have different plants they will eat. As years pass it seems as though deer have a wider and wider pallet of plants they will eat. We have no control over the customers' site, and no responsibility to protect his Arborvitae. Nevertheless, any reputable nursery would list the Green Giant or Spring Grove Arborvitae as deer resistant. Here is a reputable site with multiple statements of its deer resistance. http://davesgarden.com/guides/pf/go/80097/ This past winter was tough and we had reportings of damage done to Balsam, Juniper, & Spruce, plants deer normally leave alone. This is the first and only instance where we have heard of the deer-resistant cultivars being eaten. We do not feel responsible for replacing his plants or providing compensation because the plants were not dead, and they were bought on discount. Our guarantee states that plants that were damaged by animals, are not guaranteed. It also states that plants bought on discount are exempt from warranty. Our guarantee is clearly posted in several locations throughout the nursery, on our website, as well on our planting instructions. The guarantee is as follows: Gammon Guarantee: Plants are guaranteed to live under normal living conditions for one full year. The guarantee does not cover discounted or sale items, perennials, roses, and a few other marginally hardy plans marked at the nursery. Plants damaged by animals, machinery, neglect, overwatering, or are planted too deep are not guaranteed. Returns must be accompanied by sales receipt an dead plant material. A dead plant will be replaced once, or a store credit given for the purchase price. There are no cash refunds. Exchanges of live plant material will be accepted for up to 72 hours after the purchase. No Exceptions. We are very sorry for the damage of the plants, but as our guarantee states we are not responsible or liable for the replacement of these plants. We recommended the customer to contact his insurance company."