Heirloom Roses

I did not expect this company to send the replacement rose half way through our growing season, but they did.  The rose had to be planted immediately as per their instructions.  By that time we were in full summer mode here.  Hot.
My neighbor came to me two weeks ago and reported the second...the replacement...rose had also died.  Just turned crispy brown and died.
I phoned Heirloom Roses' customer service number and was told it was not their responsibility since it had been a year since the ship date.  I reminded the service person that this was a replacement for a failure on their part and that they had mailed the replacement well into our growing season...meaning that this year (2012) was the roses first full growing season.  I was refused.
I emailed the owner with all of the preceding information.  She emailed me a copy of their replacement policy.  I suppose she thought I couldn't read the policy the first time round.  She further wrote that her CS representative that I spoke with was fully trained.  I'm still not sure why I needed to hear that.  There was no further assistance offered.