Terms of Service

All shipments travel at risk and cost to the purchaser. No claims to be considered unless made in writing 10 days from the shipping date. We give no warranty, expressed or implied, as to the variety and productivity of nursery stock sold. No liability is assumed for crop failure or any contingency beyond our control.

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 the 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 our property. If any plants reach you that are not in 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.

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, the customer is responsible for unloading the truck.

CLAIMS

No claims will be considered unless made in writing within 10 days after receipt of shipment. Any claims thereafter will not be acknowledged.

PRICING

Pricing is based upon present market conditions and is subject to change without notice.