Damage Waiver

Damage Waiver Form

Agreement Summary:

This Damage Waiver is entered into by and between Supplier and Customer, in consideration of the following terms and mutual agreements.

1. Delivery Surface Policy:
Supplier will only deliver materials (e.g., stone, mulch, and other landscaping products) onto paved or otherwise improved surfaces. This policy exists to prevent property damage and avoid the delivery vehicle becoming stuck.

2. Customer Liability (Off-Pavement Requests):
If the Customer insists on delivery off a paved surface:

• Customer assumes full responsibility for any resulting damage to property, vegetation, or structures.

• Customer is responsible for any damage to the delivery vehicle.

• Customer agrees to pay in full, within 15 days, for repair costs based on Supplier’s invoice.

• If the vehicle becomes stuck, Customer agrees to pay:

  • All towing costs, and

  • $100 per hour for the time the delivery vehicle remains on the property.

3. Restocking Fee for Refused Delivery:
If the Customer refuses materials due to Supplier not leaving the paved surface, a restocking fee of 20% of the total purchase and delivery cost will be charged.

4. Release of Claims:
Customer (including heirs, assigns, and successors) releases and forever discharges Supplier from all claims, demands, or causes of action — whether known or unknown — arising from the delivery or condition of the materials. Customer agrees to indemnify and hold Supplier harmless from any such future claims.

5. Governing Law:
This agreement shall be governed and enforced under the laws of the State of South Carolina.

6. Entire Agreement:
This waiver represents the entire understanding between Supplier and Customer and supersedes any prior discussions regarding delivery damage or liability.