TERMS AND CONDITIONS

Prices:  Prices are based upon present market conditions and are subject to change without notice.  All prices are wholesale and are F.O.B. our nursery. All delivery charges are C.O.D. and must be paid when stock is delivered.

Terms:  Any credit arrangements must be made in advance of shipment.  Our credit terms are 2% discount 10 days, net balance 30 days.  Account balances over 30 days will be charged 2% interest per month (A.P.R. 24%), and we will add the cost of collection to any account should it become necessary.  We offer a 5% discount when cash payment is made in advance.  We request on all other orders that a one third deposit accompany the order and the balance be paid on delivery by cashier's check or money order.

Conditions of  Sale:  All stock is guaranteed true to name and in good healthy condition, but we assume no responsibility after it leaves our nursery.  The buyers are solely responsible to the inspection of the stock when they receive it.  We give NO WARRANTY, expresses or implied, as to description, productiveness, or any other matter of the nursery stock we sell.  We do not guarantee any plants to "leaf out", "green out", or "break bud".  We sell only to the trade and at wholesale; therefore, consumer protection laws and warranties do not apply to our sales transactions.  We accept all orders subject to prior sales of stock and crop conditions.  Orders shall be void should injury befall from frost, fire, hail, error in count, or any other causes beyond our control.  It is mutually agreed that our liability for any errors or other causes is confined to free replacement and that we reserve the right to refund all or any part of payment.  Buyers agree that any dispute arising out of the sale of these goods shall be litigated in the Chancery Court of Warren County, Tennessee, and that the State of Tennessee shall be the only forum for any and all litigation which may arise from the sale of goods by the seller.  Either party not prevailing in such action shall be liable to the prevailing party for reasonable attorney fees.  All or any part of our "Conditions of Sale" policy cannot be waived, modified, or set aside in any way, written or oral, by any sales representative or employee of our nursery. 

Claims:  Claims must be made promptly upon receipt of stock.  When any damage or shortage is apparent or you have a complaint, it should be made to the delivery carrier when stock is delivered.  Otherwise, we will not honor claims when a report is not made in writing within 10 days from arrival.

Grading:  We are careful to grade stock using the ANLA Horticultural standards, and we tag only top quality plants to fill your order.  However, often it is necessary or desired for a customer or representative to tag specimen plants and these may be  subject to a surcharge in addition to a required deposit of 10% of the price of the plants.   This deposit must be received by us within seven (7) days from the date of our acknowledgement or we will release the selected plants back into our inventory.  The deposit will be deducted from the invoice(s) when shipment is made.  Any cancellations of such selected plants will result in a total forfeit of the deposit made.

Inspection:  Our nursery stock has been inspected by the Tennessee Department of Agriculture.

Cancellations:  Any cancellations must be in writing and received by us prior to January 15th.

Shipping Freight Charges:  We arrange for bulk shipment of stock by independent truckers or brokers who specialize in hauling nursery stock.  Our stock is packed with the greatest of care; therefore our responsibility ends upon delivery in good order to the carrier.  All stock travels at the risk of the purchaser.  For less than trailer load quantities, we will try to help arrange a combination load.  Freight charges are payable at time of delivery.