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CONDITIONS OF SALE
All orders are accepted subject to crop failures and damage by natural causes, we reserve the right to refund all or any part of payment made. We are careful to keep varieties true to name and will replace upon proper proof anything that may be otherwise or refund original purchase price but not more than this amount. We give no warranty express or implied as to the growth or productivity. All orders are accepted without liability for nonperformance if labor shortages or delay in transportation should prevent us from making a delivery. The parties hereto agree that and dispute arising out of the sale of these goods shall be arbitrated exclusively in the Chancery Court for Warren County, TN, and the state of Tennessee shall be the forum for any and all litigation that may arise from any sale of goods by seller. Either party not prevailing in such action shall be liable to the prevailing party for reasonable attorney fees.
WAIVER OF IMPLIED WARRANTIES
WE ARE NOT RESPONSIBLE UNDER ANY CONDITIONS OF THE LIVABILITY OR MERCHANTABILITY OF PLANTS THAT WE SHIP.
Claims for shortages should be made in writing within 10 days of the invoice date. We do not assume responsibility for stock damages after acceptance by or in transit by common carrier. When any damage is apparent, make it to your delivering carrier.
THIS WARRANTY, WHICH IS GIVEN EXPRESSLY AND IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE CONSTITUTES THE ONLY WARRANTY MADE BY THE SELLER. THIS IS IMPORTANT.
PRICING AND TERMS
All prices are wholesale F.O.B. our nursery and subject to change without notice. Freight charges must be paid on delivery unless prior arrangements have been made.
Established accounts terms are Net 30 days from the date of shipment. COD orders require a 50% non-refundable deposit in advance (balance due on delivery) with a current credit application on file. We reserve the right to require full payment in advance.
Make full payment upon booking an order and receive a 5% discount.
Accounts 30 days past due will have a service charge of 1.5%, per month added.