ORDERS: Orders are booked subject to crop growing
conditions and with the understanding that orders shall be void should
injury befall the stock from drought, flood, fire, frost, hail, errors in
count, or other causes beyond out control.
All orders are subject to acceptance by the company at its
All cancellations must be made in writing 30 days prior to expected
Prices listed are for the nursery trade in the
Our regular terms are net 30 and are available to all customers with
established credit records for prompt payments.
Otherwise terms are C.O.D. Persons
wishing to establish credit should furnish us with tree trade references
and the name of your bank. On
accounts overdue, interest will be charged at the rate of 1
1/2% per month
amounting to 18% per annum. (.05% per day).
5. ORDERS: We do accept C.O.D. orders. All new customers with unestablished credit terms must pay C.O.D.
Prices for trees are FOB our docks. All
shipments travel at the risk and cost of the purchaser.
Our responsibility ceases on delivery to carrier.
Invoicing of freight charges is separate from plant materials
invoicing. Federal ICC
regulations dictate payment within 7 days of invoicing.
Most truck brokers provide a prepaid freight service on the
assumptions that ICC regulations will be observed.
We will be happy to provide full or combination lead deliveries to
your location where practical. You
may also pick up your stock at our nursery if you will provide us adequate
notice when you are coming to avoid delays to you and to us.
Sunleaf Nursery expressly warrants that all trees purchased will be true
to name and in good healthy condition when they leave the nursery.
Sunleaf Nursery also holds itself in readiness, on proper proof, to
replace all such nursery stock that may prove otherwise.
Sunleaf Nursery expressly disclaims any other warranty, expressed
or implied, as to productiveness or growth, as to results secured in
transplanting, or any other consequential damages.
This warranty is not transferable and is void if payment is not
made in full when due of the full contract price for all nursery stock
shipped. Claims regarding
incorrect counts or breakage will receive consideration only when made
within 10 days after delivery of stock or acceptance thereof.
Claims regarding disease or morality must be received by the 15th
of June following the date of delivery.
We shall in no case be liable for any sum greater than the amount
originally received for said nursery stock.
OF LAW FORUM: The parties hereto agree that is contract is made in