Terms of Service

1. Terms
By accessing the website at wagnernursery.net, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Disclaimer
a. The materials on Wagner Nursery & Landscape Company’s website are provided on an ‘as is’ basis. Wagner Nursery & Landscape Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
b. Further, Wagner Nursery & Landscape Company does not warranty or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

3. Limitations
In no event shall Wagner Nursery & Landscape Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Wagner Nursery & Landscape Company’s website, even if Wagner Nursery & Landscape Company or a Wagner Nursery & Landscape Company authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

4. Accuracy of materials
The materials appearing on Wagner Nursery & Landscape Company’s website could include technical, typographical, or photographic errors. Wagner Nursery & Landscape Company does not warranty that any of the materials on its website are accurate, complete or current. Wagner Nursery & Landscape Company may make changes to the materials contained on its website at any time without notice. However, Wagner Nursery & Landscape Company does not make any commitment to update the materials.

5. Order Changes, Modifications & Cancellations
Orders placed via Wagner Nursery & Landscape Company’s website may be changed, modified, or canceled at any time prior to the day of delivery at no cost. Changes to existing orders must be completed in person, by calling for Belgrade orders BELGRADE (406)388-2559 or Butte orders BUTTE (406)782-5855. Same-day changes may not be possible. Same-day cancellations require a $50 cancellation & restocking fee.

6. Property, Vehicle & Driver Safety
There are extreme property, vehicle and driver risks associated with driving a loaded delivery truck across lawns, landscapes or other irrigated areas to reach a dump site. Wagner Nursery & Landscape Company drivers reserve the right to refrain from delivering a product if they do not feel comfortable with a customer’s chosen dump spot.

7. Refund & Return Policy
Upon delivery, please look over your material to make sure it matches your order and meets your expectations. If you believe that you’ve received the wrong product, please let us know immediately. We’re happy to investigate your situation within 7 days of your delivery.

8. Links
Wagner Nursery & Landscape Company has not reviewed all the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Wagner Nursery & Landscape Company of the site. Use of any such linked website is at the user’s own risk.

9. Modifications
Wagner Nursery & Landscape Company may revise these terms of service for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these terms of service.

10. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Montana, and you irrevocably submit to the exclusive jurisdiction of the courts in Butte, Silverbow County, Montana OR Belgrade, Gallatin County, Montana
This policy is effective as of March 1, 2024