The MYKE® TREE AND SHRUB GUARANTEE (hereinafter referred to as “the MYKE® GUARANTEE”) is intended to compensate the customer for the loss of a tree or shrub in the event of the death of such tree or shrub, subject to the conditions stipulated herein. In order to apply the MYKE® GUARANTEE, the customer must have used the MYKE® TREE AND SHRUB product and have followed the recommendations for use indicated in the MYKE® PLANTING GUIDE. For the purposes of the MYKE® GUARANTEE, the term “customer” means any natural person, excluding employees and agents acting for municipalities and cities.

The tree or shrub must have been planted in accordance with the planting instructions described in the MYKE® PLANTING GUIDE as well as in accordance with generally accepted good horticultural practices. In particular, but not exclusively, the customer must have respected the growth requirements for trees and shrubs such as drainage, winter protection and adequate watering, and respected the specificities of the climatic zone in which the tree or shrub was planted.

For the MYKE® GUARANTEE to apply, the customer must bring the dead tree or shrub to PÉPINIÈRE JASMIN. The customer must have proof of purchase (sales slip or invoice) proving the purchase of the tree in question and the MYKE® TREE AND SHRUB growth supplement. The proof of purchase of the tree and the corresponding MYKE® TREE AND SHRUB product must appear on the same sales slip or invoice.

Indemnification under this guarantee is non monetary and is limited to, at the discretion of PÉPINIÈRE JASMIN: (1) the replacement of the tree or shrub with an identical tree or shrub, one time only; or (2) a credit applicable to an equivalent purchase, in an amount equal to the purchase price of the tree or shrub (exclusive of any other costs), up to a maximum amount of two hundred dollars ($200) per tree or shrub.

The MYKE® GUARANTEE applies only to trees or shrubs covered by PÉPINIÈRE JASMIN’s full one-year regular guarantee, subject to the exclusions stated in the MYKE® GUARANTEE program.

The MYKE® GUARANTEE does not replace the regular one-year guarantte (white labels) which must be applied exclusively in the first year following the purchase of the tree or shrub by the customer (excluding the three (3) month guarantee with yellow labels). Once the guarantee has expired, the MYKE® GUARANTEE will apply and remain in effect for a period of four (4) years, the MYKE® GUARANTEE shall not exceed the fifth (5th) anniversary of the purchase date of the tree or shrub. PÉPINIÈRE JASMIN is responsible for the application of this guarantee.

No guarantee is offered on annual flowers, bulbs, perennials, bare root trees, aquatic and tropical plants, azaleas, blueberries and rhododendrons. PÉPINIÈRE JASMIN reserves the right not to guarantee certain other plants that it deems too risky. Similarly, no guarantee is offered if the death of the tree or shrub is due to an untreatable disease.

Damage caused by natural disasters or extreme weather conditions is not covered by the MYKE® GUARANTEE. 

No guarantee is provided if damage to the tree or shrub results from the actions of a person, animal or insect, vandalism, malicious acts, negligence or other.