TERMS AND CONDITIONS

PRICES:
Prices in this list are based upon present market conditions and are subject to change without notice. Prices are F.O.B. McMinnville, Tennessee

TERMS OF PAYMENT:
All orders are C.O.D. unless other arrangements have been made.  A 25% deposit is required with order and balance due C.O.D.  To those who have established credit with us, our terms are net thirty days.  All accounts over 30 days will be assedded a service charge of 2% per month, which is an annual rate of 24% plus cost of collection.

CLAIMS:
No claims will be considered unless made in writing within 5 days after receipt of shipment.  Any claims thereafter will not be acknowledged.

MINIMUM ORDER:
$500.00

GUARANTEE AND LIMITATIONS ON LIVABILITY:
We assume no responsibility after stock leaves the nursery.  Stock damaged in transit by delays, neglect of carrier, or any other cause beyond our control is at your risk and is between you and the carrier. With proper notice of error, our liability is confined to replacement or refund.
    Plants travel at purchaser's risk and expense. All sales are made with the understanding that we shall not be liable for shortage in event of crop loss or damages from causes over which we have no control. We promise to ship true to name healthy stock bearing a state nursery certificate. We cannot guarantee plants to grow because we have no control over the plants after they leave us. If any plants reach you that are not in the good viable condition we expect to be notified within the 5 day period. All nursery stock is sold subject to the standard
no-warranty clause; "We give no warranty expressed or implied, as to the description, productiveness, or any other matter, of any nursery stock, seeds or bulbs we sell. We shall in no case be liable for any sum greater than the amount originally received for any stock." Any dispute 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 action shall be liable to the prevailing party for reasonable attorney fees.

GRADING:
All plants will be graded by the American Standard for Nursery Stock published by the American Association of Nurserymen. Orders are individually selected and dug. Minimum sizes are posted in every instance as prescribed by AAN standards.

TRANSPORTATION:
We request our customers to give definite shipping instructions. Most bareroot trees can be shipped UPS. We have access to local delivery trucks at reasonable rates. In the absence of special instructions, we will use our best judgment, but without assuming responsibility. All shipments travel at risk and expense of purchaser. Customers are responsible for unloading trucks on arrival. All boxes and packing material are charged to the customer at our cost.

Our nursery stock has been inspected by the Tennessee Department of Agriculture.
 
FREIGHT:
Freight is due on delivery.  Unless any previous arrangements are made before shipment, payment is to be made on arrival for freight on all truck or partial truck loads.  For the protection of the shipment,  customer is responsible for unloading truck.