TERMS AND CONDITIONS- Please read carefully before ordering
PRICES: All sales are F.O.B. McMinnville, TN. Prices are wholesale and based on current market conditions and are subject to change without notice.
TERMS: All orders are C.O.D. unless other arrangements have been made. To those who have established credit with us, our terms are NET 30 days. All accounts over 30 days are subject to a service charge of 1 1/2% per month (18% annually) plus cost of collection.
CLAIMS: Claims for any cause must be made upon receipt of stock. We will not honor any claims after goods have been accepted or made in writing within 5 days after receipt. Please fax a copy to our office.
LIABILITY: Many factors affect plant growth and health; therefore, we give NO WARRANTY, expressed or implied on product performance or hardiness after receipt by customer. We exercise the greatest care to keep our varieties true to name and good condition at the time of shipment, but we assume no responsibility after such stock leaves our nursery. It is mutually agreed that our liability for any errors or other cause is confined to free replacement or refund of purchased price. We do not give credits on freight charges.
We accept all orders subject to prior sales of stock and crop conditions. Orders shall be void should injury befall our stock from flood, drought, hail, fire, frost, freeze, error in count or other causes beyond our control.
The parties hereto agree that any disputes 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 actions shall be liable to the prevailing party for reasonable attorney fees.
SHIPPING: Please give definite shipping instructions as to how you want your order to be shipped. If no instructions are given, we will ship to the best of our judgment without assuming responsibility. We ship via semi or gooseneck trailer.
TRANSPORTATION: When stock is turned over to the carrier for shipment our responsibility ends. All stock travels at the purchaser's risk. If a shipment is damaged upon arrival, secure proper notation on freight bill and file a claim with the carrier.
CUSTOMER IS RESPONSIBLE FOR FREIGHT CHARGES AT TIME OF DELIVERY AND UNLOADING THE TRUCK. THE DRIVER IS NOT REQUIRED TO UNLOAD.
If sending your own truck, be sure to supply a covering to protect the plants so they do not damage during transit.
INSPECTION: Our nursery is located in McMinnville, Tennessee, on Hwy. 56 North between McMinnville and Smithville. Visitors are welcome. We cordially invite you to visit us.