Effective Date: January 1, 2026
This Plant Sales & Live Goods Policy governs the sale, delivery, handling, and acceptance of live plant material and related products sold by Pennate LLC (“Pennate”). This policy applies to all plant purchases made through our website, digital tools, or direct transactions.
This policy supplements and is incorporated into Pennate’s Terms of Service.
1. Nature of Live Goods
Plants are live, biological materials subject to natural variation, seasonal changes, transport stress, environmental exposure, and site-specific factors. Size, shape, color, and appearance may vary from photographs or descriptions.
Product images and descriptions are provided for general reference only and do not constitute guarantees of exact appearance, maturity, or performance.
2. Nursery Stock Registration
Pennate LLC is a registered Florida Nursery Stock Dealer where required by law. Nursery stock is sourced and handled in accordance with applicable Florida regulations.
3. Delivery Area & Geographic Limitations
Pennate delivers live plant material within the State of Florida only.
- Pennate does not ship or deliver plants outside the State of Florida.
- Delivery addresses must be located within Florida at the time of order.
- Delivery to a Florida address constitutes fulfillment of the order.
If a purchaser transports, ships, relocates, or forwards plant material outside the State of Florida after delivery, all responsibility and liability transfer entirely to the purchaser.
4. Delivery Location & Placement
The purchaser is solely responsible for identifying and approving the delivery location at the time of scheduling.
- Plant material is delivered to a single, clearly defined drop-off location.
- Pennate does not assess site suitability, sun exposure, shade conditions, soil quality, drainage, or microclimates unless provided under a separate written consulting agreement.
Pennate is not responsible for plant decline, damage, or failure resulting from placement in unsuitable environmental conditions, including improper sun or shade exposure.
5. Customer Presence, No-Show & Delivery Authorization
Pennate strongly recommends that a responsible adult be present at the time of delivery; however, customer presence is not required unless expressly stated at scheduling.
Customers may authorize unattended delivery by providing delivery instructions or confirming in advance that no representative will be present.
If a scheduled delivery occurs and no customer representative is present, Pennate may proceed with delivery and place plant material at a location Pennate reasonably determines to be appropriate based on access, safety, and visible site conditions.
Delivery under these circumstances constitutes successful fulfillment of the order. Pennate is not responsible for repercussions arising from placement decisions made due to customer absence or lack of instruction.
6. Placement Authority
When placement decisions are required in the absence of a customer representative, Pennate will use reasonable judgment to select a location intended to minimize immediate stress and obstruction.
Pennate does not evaluate long-term site suitability unless separately contracted and is not liable for outcomes related to placement decisions made due to customer absence or incomplete instructions.
7. Handling, Movement & Staging Limitations
Plant deliveries are limited to a single placement at the designated delivery location.
- Pennate does not reposition, restage, or relocate plant material after initial placement.
- Pennate does not move plants multiple times to accommodate future installation plans.
- Any subsequent handling or movement is the responsibility of the purchaser.
8. Turf, Foot Traffic & Surface Protection
Delivery of plant material may require reasonable foot traffic across lawns, driveways, or landscaped areas.
- Pennate is not responsible for turf compression, discoloration, or minor disturbance caused by foot traffic.
- Pennate will make reasonable efforts to minimize unnecessary disturbance, but does not guarantee avoidance of surface impact.
9. Site Access & Safety
Delivery is subject to safe and sanitary site access. Site access requirements, including pet control and sanitation responsibilities, are governed by the Site Access provisions in Pennate’s Terms of Service.
10. Pre-Delivery Plant Handling
As part of standard handling practices, plant material may be watered prior to delivery when reasonably practical.
Pre-delivery watering does not constitute a guarantee of hydration, condition, or future performance. Environmental exposure and post-delivery conditions may require additional care by the purchaser.
11. Ownership & Risk of Loss
Title to and ownership of all plant material transfers to the purchaser immediately upon delivery and unloading at the designated delivery location.
Risk of loss, theft, damage, or deterioration transfers at the same time, regardless of whether Pennate personnel remain on site.
12. No Survival or Performance Guarantee
Pennate makes no guarantees, express or implied, regarding plant survival, longevity, performance, or suitability for a specific site.
13. Inspection, Returns & Refunds
All plant material is considered accepted upon delivery.
- No returns are accepted on live plant material.
- No refunds are provided for plant decline, failure, or dissatisfaction after delivery.
- Any exceptions are at Pennate’s sole discretion and do not establish precedent.
14. Limitation of Liability
Pennate’s liability related to plant sales is limited as set forth in the Terms of Service.
15. Policy Updates
Pennate reserves the right to update or modify this policy at any time. The most current version published on this website governs all plant sales.