Boxing and baling charges
are extra at cost. Prices in this list are based upon present market
conditions and are subject to change without notice. Prices are F.O.B.
TERMS OF PAYMENT:
All orders are C.O.D.
unless other arrangements have been made. A 25% deposit is required
with order and balance due C.O.D. To those who have established credit
with us, our terms are net thirty days. All accounts over 30 days
will be assessed a service charge of 2% per month, which is an annual rate
of 24% plus cost of collection.
No claims will be considered
unless made in writing within 5 days after receipt of shipment. Any
claims thereafter will not be acknowledged.
$1000.00. To better
serve you, we now accdept Master Card and Visa.
GUARANTEE AND LIMITATIONS ON LIVABILITY:
We assume no responsibility
after stock leaves the nursery. Stock damaged in transit by delays,
neglect of carrier, or any other cause beyond our control is at your risk
and is between you and the carrier. With proper notice of error, our liability
is confined to replacement or refund.
travel at purchaser's risk and expense. All sales are made with the understanding
that we shall not be liable for shortage in event of crop loss or damages
from causes over which we have no control. We promise to ship true to name
healthy stock bearing a state nursery certificate. We cannot guarantee
plants to grow because we have no control over the plants after they leave
us. If any plants reach you that are not in the good viable condition we
expect to be notified within the 5 day period. All nursery stock is sold
subject to the standard
no-warranty clause; "We
give no warranty expressed or implied, as to the description, productiveness,
or any other matter, of any nursery stock, seeds or bulbs we sell. We shall
in no case be liable for any sum greater than the amount originally received
for any stock." Any dispute arising out of the sale of these goods shall
be arbitrated exclusively in the Chancery Court of Warren County, Tennessee,
and the State of Tennessee shall be the forum for any and all litigation
that may arise from any sale of goods by the seller. Either party not prevailing
in such action shall be liable to the prevailing party for reasonable attorney
All plants will be graded
by the American Standard for Nursery Stock published by the American Association
of Nurserymen. Orders are individually selected and dug. Minimum sizes
are posted in every instance as prescribed by AAN standards.
We request our customers
to give definite shipping instructions. Most bareroot trees can be shipped
UPS. We have access to local delivery trucks at reasonable rates. In the
absence of special instructions, we will use our best judgment, but without
assuming responsibility. All shipments travel at risk and expense of purchaser.
Customers are responsible for unloading trucks on arrival. All boxes and
packing material are charged to the customer at our cost.
Our nursery stock has
been inspected by the Tennessee Department of Agriculture.
Freight is due on delivery.
Unless any previous arrangements are made before shipment, payment is to
be made on arrival for freight on all truck or partial truck loads.
For the protection of the shipment, customer is responsible for unloading