TERMS AND CONDITIONS OF SALE
NO WARRANTY
ALL NURSERY STOCK AND/OR ANY OTHER MATERIAL IS SOLD “AS IS”. WE HEREBY DISCLAIM AND EXCLUDE ALL WARRANTIES EXPRESS OR IMPLIED, IN FACT OR BY LAW, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR INTENDED USE OR PARTICULAR USE.
CHOICE OF LAW. FORUM The Buyer & Seller hereto agree that this contract is made in Ohio and shall be governed under Ohio Law. Further, venue for any action pertaining to a sale made under this contract shall be vended in Lake County, Ohio.
CONTINGENCIES We reserve the right to prorate, cancel, accept or refuse any order in whole or in part for any reason or for no reason.
Acceptance: Conflict of Terms
Acceptance of delivery of the products shall constitute Buyer’s agreement to the terms and conditions set forth in our document. Notwithstanding, any provisions therein to the contrary, no terms and conditions in Buyer’s purchase order, acknowledgment form, confirmation, or other document issued by Buyer which conflict with the conditions herein, or increase Seller’s obligation hereunder, shall be binding on Seller unless specifically identified and accepted in writing by an executive officer of Seller and until such acceptance is granted. All such terms and conditions are hereby rejected.
CLAIMS All claims must be made in writing within 10 days after receipt of stock. Failure to present such claim within said 10 days shall constitute a waiver of such claim. All quotations are for immediate acceptance and subject to stock being unsold on receipt of order and to final inventory.
Prices listed herein are per each and balled and burlapped unless noted otherwise, F.O.B. our nursery, Perry, Ohio.
CREDIT
To those with established satisfactory credit records, we shall be pleased to extend terms of 30 days from date of invoice. One and one-half percent (1 1/2%) per month (annual rate 18%) service charge will be charged on all accounts due over 30 days, unless arrangements are made in advance of sale. New accounts and C.O.D. orders must be accompanied by one-third (1/3) of the amount of the order with balance to be paid at time of pick-up or delivery.
If order is not picked up within 7 days of notification, all future orders will require payment before digging. A 20% restocking fee shall be charged.