TERMS & CONDITIONS
 

 
  

TERMS: To those who have established credit with us, payment is net 30 days, if you do not have an established account, a cash down payment of 50% is required with your order and the balance due 7 days prior to shipment, or satisfactory references are required BEFORE shipment, and 50% cash down payment required at time of delivery and balance due is net 30 days.

CLAIMS: Claims for any cause must be made upon receipt of stock. We will not honor claims after goods have been accepted or when a written report is not made within 5 days after arrival.

LIABILITY: We exercise the greatest care to keep our varieties pure and true to name and in good healthy condition. We give no warranty, expressed or implied, as to description, productiveness, or any other matter of any nursery stock we sell. It is mutually agreed
that our liability for any errors or other causes is confined to free replacement or refund of purchase price.
    The parties hereto agree that any dispute arising out of the sale of these goods shall be arbitrated exclusively in the Chancery Court for 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 fees.
    We accept all orders subject to prior sales of stock and crop condition. 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.

CONDITIONS OF SALE: All sales are made with the understanding that all plants become the customer's property, and the risk of loss will pass to the customer at the time of delivery. We cannot guarantee plants to grow because we have no control over the plants
after they leave us.

SHIPPING: Shipping is your responsibility. Please give shipping and routing instructions (whether via UPS. parcel post. express, or truck) Parcel post orders must include sufficient funds to cover postage. Any balance will be refunded. All boxes and packaging are
charged to the customer.
    If no shipping instructions are given, we will ship to the best of our judgment, without assuming responsibility. While we use the greatest care in loading and packing our stock, all shipments travel at purchaser's risk and expense. We are not liable for any delays in
transit. Our responsibility for all materials ends with delivery to the carrier. All delivery charges or COD MUST be paid when stock is delivered. Customers are responsible for unloading truck.
    Should you need transportation arranged, we have contacts with local independent haulers who will deliver your stock on a mileage basis. Prices for hauling vary and are not under our control.
    When picking up plants, be sure to supply a covering to protect the plants so they will not damage in transit. We have covering material available for purchase.