Terms and Conditions of Sale

Prices

All prices are for f.o.b. Madison, Ohio, and are subject to change without notice.

Terms are Net Cash

To those who have established credit with us, payment is net 30 days; to new customers, cash, security, or satisfactory reference is required before shipment. Overdue accounts are subject to a service charge of 1.5% per month, or 18% annually. No discount is allowed as it is our policy to maintain attractive prices, consistent with high quality stock.

Sizes

Each size listed will be the minimum allowable for that grade and will include plants from that size up to the next size.

Guarantee

Means Nursery prides itself in exercising the greatest of care in keeping varieties true to name. However, we give no warranty, expressed or implied, as to description, productiveness, or any other matter of any nursery stock or seeds we sell. It is mutually agreed that our liability of any errors or other causes is confined to replacement or refund not to exceed the original purchase price.

Shipping Instructions

With all orders, please specify method of shipment if you do not plan to pick up stock at nursery. If you pick up your order, please bring a tarp or adequate covering to protect your stock.

Transportation Risks

while we use the greatest of care in packing our stock, we are not liable for delays in transit; our responsibility end upon delivery in good condition to transportation company. All stock travels at purchaser's risk and expense.

Choice of Law, Forum

The buyer and seller hereto agree that this contract is made in Ohio and shall be governed under Ohio law. Further, any action pertaining to a sale made under this contract shall be venued in Lake County, Ohio.

Claims

Must be made within ten days after receipt of stock.

Orders shipped UPS will be packaged at cost and shipped early in the week to avoid weekend storage.

There will be an additional charge for any rooted cutting orders not picked up by May 1, 2009.