Terms and Conditions
To the Trade
Orders – are booked subject to crop growing conditions or errors in count. Orders shall become void should injury befall the stock from fire, hail, flood, drought, or other causes beyond our control. Minimum order $2,000.00. Order in multiples of 10.
Terms – net 30 days from date of invoice for those whose responsibility is known to us unless otherwise agreed by the parties. Satisfactory references are required from unknown parties. Interest will be charged on all overdue accounts, and is assessed at 18% per annum (1½% per month). No cancellations will be accepted after December 1st of each year. In the event a dispute arises as to the enforcement of the terms of this agreement, Surface Nursery shall be entitled to all costs, including attorney’s fees, whether or not legal action is initiated. Oregon law shall govern all terms of this agreement and should it become necessary to file suit with regards to this agreement, such suit must be brought in the County of Multnomah, State of Oregon.
Packing Charges – for boxes and bales will be invoiced at cost. Bulk or truck load lots included in quoted price.
Grade Standards – follow the American Standard for Nursery Stock (ANSI Z60.1-2014) published by American Horticulture Industry Association www.americanhort.org
Prices – Herein are F.O.B. Gresham, Oregon and are for the Trade only. They are based on present conditions and are subject to change without notice.
Shipping – We will ship via refrigerated pool truck whenever possible. All shipments travel at the risk and cost of the purchaser. Invoicing of freight will be separate from plant material. Federal IC regulations require freight payments within 7 days of invoicing.
Guarantee – We give no warranty, expressed or implied as to life, description, quality productiveness, or any other matter regarding any nursery stock, seeds or plants that we sell. It is mutually agreed that our total liability for any error, should stock prove untrue to name as labeled, shall be limited upon satisfactory proof, to our replacing free or refunding the purchase price thereof.
Claims – For any cause will receive consideration only when reported in writing within 10 days from receipt of shipment. Upon request, Surface Nursery will provide a claim form to customers. Product claims stemming from damage incurred during transportation, should be made with the transportation company. Claims regarding disease or mortality should be reported upon suspect and no later than June 15th from the date of delivery. We shall in no case be liable for any sum greater than the amount originally received for said nursery stock.