TERMS

SHORTAGES OF ACKNOWLEDGED NURSERY STOCK

In the event of destruction or injury of ordered nursery stock (here in after referred to as Stock) due to fire, weather condition or error in field inventory, Seller retains the right to prorate all or a portion of Seller's Stock between existing orders at Seller's discretion.

RIGHT OF INSPECTION

Buyer shall have the right to inspect the goods before paying for or accepting them.

RISK OF LOSS

Risk of loss shall pass to the Buyer upon receipt of the Stock to Buyer or Buyer's carrier (i.e. FedEx) at Seller's address.

DISCLAIMER OF WARRANTIES

Seller warrants that the Stock is as described herein or in Seller's catalog, but NO OTHER WARRANTY, EXPRESS OR IMPLIED INCLUDING ANY WARRANTY OF MERCHANT-ABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE IS MADE IN RESPECT TO THE STOCK. If any sample is shown to buyer, such sample was used merely to illustrate the general type of stock.

STOCK AS COLLATERAL

Buyer hereby grants to Seller a security interest in the stock described herein to secure payments.

REMEDIES

Buyer and Seller shall have all remedies afforded each by the Uniform Commercial Code.

CLAIMS

Claims must be filed within seven (7) days after receipt of shipment or shipment will be deemed satisfactory. Buyer agrees to file claims against the carrier for any stock damaged in transit. In other instances, Seller shall not be responsible for more than the purchased price of stock. Time for Bringing Action Any action for breach of this contract must be commenced within one (1) year after the cause of action has occurred.

TIME FOR BRINGING ACTION

Any action for breach of this contract must be commenced within one (1) year after the cause of action has occurred.

APPLICABLE LAW

This agreement shall be governed by the Uniform Commercial Code. Whenever the term “Uniform Commercial Code” is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Oregon as effective and in force on the date of the acceptance of these conditions.

CONFLICTING TERMS

Seller is not bound by any terms on Buyer's order blanks which attempt to impose any conditions at variance with Seller's terms and conditions of sale which are included herein or stated on Seller's packages, invoices and technical data sheets. Seller's failure to object to provisions contained in the aforementioned forms shall not be deemed a waiver of the provisions of the Seller's terms and conditions which shall constitute the entire contract between the parties.

ORDERING, PACKING, AND SHIPPING INFORMATION

ORDERING INFORMATION

A 25% deposit and signed confirmation are required to secure all orders. Orders placed but not secured with a 25% deposit and signed confirmation, within 30 days of receipt, will automatically be cancelled and inventory will be released to other customers on a waiting list. Remaining balance due at time of pickup/shipment unless terms have been established. Accounts not paid within 30 days of the invoice date will be charged 2% monthly. All credit card charges over $1,000.00 will be charged a 4% fee.

CUSTOM GROWN LOTS

Custom grown lots are subject to a contract agreement. Terms, payment, and conditions will be discussed prior to sowing any seed.

CONFIRMATION COMMITMENT

A customer's signature on a confirmation implies that the customer agrees with the order as stated and the terms listed on the confirmation. The deposit covers the costs associated with Order prep, Digging, Sorting, Bagging and Storing seedlings. If a cancellation is made after January 1 st the deposit will be kept in order to cover the cost of the harvest process.

(BAREROOT) DIGGING DATES/ BAGGING

DIGGING IS WEATHER DEPENDENT. WE ONLY DIG SEEDLINGS WHEN THE CONDITIONS ARE FAVORABLE TO SEEDLING HEALTH. SNOW OR TOO MUCH RAIN WILL HALT THE DIGGING PROCESS.

(BAREROOT) ORDER PICKUP/SHIPMENT

Since bare roots are weather dependent, please call one week prior to your intended order pickup/shipment date. This will insure we have product available in cold storage ready for pickup or shipment. **Please remember that you must call us. We do not call customers when we have product ready. Shipments will not be shipped without verbal confirmation of the preferred shipment date.** Pick up dates on confirmations are not guaranteed and are subject to weather conditions.

(PLUG) EXTRACTING AND ORDER PICKUP/SHIPMENT

Once plugs are ready to be extracted from the greenhouse, we are open to arranging shipments and or pickups. **Please remember that you must call us. We do not call customers when we have product ready. Shipments will not be shipped without verbal confirmation of the preferred shipment date.**

PACKING

Orders are packed for pickup f.o.b. our nursery. Orders to be shipped will be charged $10.00 per package plus shipping charges. Orders shipped by pallet will be charged $100.00 per pallet plus shipping charges.

STORAGE

We have cold storage facilities. Orders will be packed and placed in cold storage. Towards the end of the shipping season, you will be notified of cooler shut off dates.

SHIPPING REGULATIONS

We follow all requirements and regulations set by the state of Oregon. Any other requirements or regulations within your specific state are the responsibility of the buyer to notify us prior to shipment.