General Terms & Conditions of
Sale
THE COMPANY:
The term “the Company” as
used herein, shall be understood to mean in
all cases, Moser Fruit Tree Sales, Inc. or any of its divisions (Moser's Nursery
or Moser's Ornamental Nursery, as the case may be on the accompanying sale.
PRICES:
Prices herein or quoted by the Company are intended for wholesale trade
only and cancel all previous quotations. Prices
are based on present market conditions and are subject to change without notice.
All transactions to be in “U.S. Funds.”
Prices are F.O.B. the supplying nursery.
Freight and other required charges will be added to invoice or collected
upon delivery, depending on nursery and method of shipment.
DEPOSIT:
A non-refundable cash deposit of up to 25%
of total order may be required upon receipt of acknowledgement.
Some products, due to their nature of production, may require a higher
deposit.
PAYMENT:
Payment terms and credit policies of the
supplying nursery take precedent and govern orders, when orders are booked
directly to the supplying nursery by the Company and are not brokered or
invoiced by the Company. You may be
required to establish credit directly with the supplying nursery.
Orders invoiced directly by the Company will be Net 30 days to
established customers. To establish
credit with us, we request reliable nursery references and the name of your bank
and a completed credit application and personal guarantee of payment.
For all other customers, we require payment in full prior to shipment.
Volume or other discounts for new orders will not be allowed when an
older, past due balance remains unpaid.
SERVICE
CHARGE: A
Service Charge of 1.5% of the net balance owing will be added for each month or
portion of a month from the invoice date if payment is not made within 30 days.
(This is an ANNUAL RATE of 18%). Payments
received will be applied to service charges first, freight and other
miscellaneous charges next, if added to invoice, and any balance to product.
COLLECTIONS:
Seller retains a security interest in all plant material until it has
been fully paid for. In the event
repossession or collection becomes necessary, buyer will pay for all costs of
collection and repossession. Costs
include, but are not limited to, court costs and reasonable attorney fees
whether or not prosecuted to final judgment.
ORDERS:
No orders for future delivery can be booked
until all previous season’s accounts are paid in full, including service
charges. Minimum order size depends
on the terms and conditions of the supplying nursery.
Plant material must be ordered in full bundles and/or multiples as
dictated by the supplying nursery.
ALLOCATIONS:
We endeavor to provide a fair allocation of material and are especially
conscious of those longtime customers who have previously taken a broad product
order, have honored their commitments and keep their accounts current; however,
the supplying nursery’s policies for allocation of product take precedent and
govern the transaction. Each
supplying nursery may have a different allocation method.
CANCELLATIONS:
Late cancellations will not be permitted.
Cancellations are subject to approval by the supplying nursery.
All requests for cancellations must be made in writing.
Any deposits made will be forfeited on cancellations made by the
customer.
GUARANTEE:
The Company exercises great care to deliver quality, first class, true to
name, disease free nursery stock. However,
we give NO warranty or guarantee, expressed or implied, as to the
life, description, quality, productiveness or any other matter of any nursery
stock or plants that we sell or broker. Individual
supplying nurseries may have other policies, which will take precedent and
govern any order or delivery from them. The
Company will work with you and the nursery to resolve any claims or differences,
but the Company shall not be held liable for any unresolved claims or disputes.
We accept all orders subject to crop conditions, possible errors in
counts, and with understanding that any order should be void should injury
befall the product because of hail, fire, frost or other causes beyond our
control.
SUBSTITUTIONS:
It is mutually agreed, unless specifically
stated on each order, with each supplying nursery, that if we or the supplying
nursery cannot supply the size requested or ordered, then a substitute of a
similar size or product may be made at our or the supplying nursery’s
discretion. We will attempt to
notify and advise you of possible substitutions, if we have knowledge of them,
and advise you of alternatives. In
some cases, a supplying nursery will substitute without notice to you or us, and
without our knowledge. In these
cases, we cannot be held liable for their actions.
BACK
ORDERS:
There are situations where items are not available to ship on the date
you request to receive them. These
items may be back ordered and then shipped later if possible.
If delivery cannot be economically arranged, we will contact you.
CLAIMS:
All claims must be made in writing within seven (7) days of receipt of
material. All unsatisfactory or
rejected goods must be held for our advice or disposition.
Damage to product from transportation must be noted on the freight bill,
and we must be advised of any damage immediately.
We must be notified immediately on observation of any other “hidden
damage” or change in condition of stock as soon as it is noticed.
As noted in Guarantee, above, the terms and conditions of sale of the
supplying nursery will be the final governance of any claims.
The Company will work with you and the nursery to resolve any claims or
differences, but the Company shall not be held liable for any unresolved claims
or disputes.
SHIPPING
AND FREIGHT: All
nursery stock is shipped at the buyer’s risk and expense.
Customer must specify their preferred shipping method or we will ship by
the method we think best. Freight
charges are the customer’s responsibility.
Packing materials are charged at our cost.
Handling charges may be added to orders below our normal minimum order
size.
OTHER
CHARGES: Customer
is responsible for all charges reasonably required for fulfillment of his order,
whether directly charged by the supplying nursery or charged to us and passed
on. Such charges may include
shipping and freight, packaging charges, tags and labeling, certification,
inspection and other fees, etc.
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