Warranty

We warrant to deliver plants true to name, as set forth in our catalog. If, upon proper proof, our nursery stock should prove to be not true to name, a replacement of the proper plants, or a substitute of equal value will be made. If in transportation or handling by carrier, our nursery stock should become damaged prior to delivery to buyer, the facts shall be reported to the seller in writing, or via phone call immediately upon receipt. A claim will then be fi led with carrier. If claim is valid, seller will replace damaged nursery stock. No claims will be honored for nursery stock picked up by the buyer from the nursery one (1) or more days later than the exact pick up date specified on the order by the buyer. Claims for replacements will be considered only on losses of over forty percent (40%) on seedlings and losses over twenty percent (20%) on transplants, rooted cuttings and potted plants. A ONE-TIME REPLACEMENT ONLY, FOR LOSSES, BASED ON REQUIREMENT OF CLAIMS SUBMITTED AND APPROVED. IT IS MUTUALLY AGREED BETWEEN THE PURCHASER AND THE SELLER THAT SELLER WILL NOT AT ANY TIME BE LIABLE FOR ANY AMOUNT GREATER THAN THE ORIGINAL PRICE OF THE NURSERY STOCK.

We will not be responsible for delays or damage in shipment. We will not be responsible for damages which may occur as a result of conditions beyond our control, such as drought, flooding, wind, winter damage, improper soil conditions or other acts of God.

Growth rates as stated in our catalog are based on optimum growing conditions and seller makes no warranty for growth rate, productivity or merchantability of our nursery stock. ALL SIZES LISTED ARE APPROXIMATE AT THE TIME OUR CATALOG IS PRINTED. NO ADJUSTMENTS WILL BE MADE FOR SIZE DISCREPANCIES.

Instructions for making a claim:

  1. Notify us in writing within three (3) days after receipt of nursery stock.
  2. Note length of time shipment was in transit.
  3. State condition of nursery stock on arrival.
  4. State name, age, size and exact quantity of plants lost.
  5. Remit one-half (1/2) of the purchase price of trees lost, plus charges for shipping and handling.
  6. Please refer to your order number.

Upon receipt of a claim properly validated, the replacement stock will be sent at a proper planting time, shipping and handling charges to be paid by purchaser.

NO CLAIMS, FOR ANY REASON, WILL BE CONSIDERED AFTER 90 DAYS OF RECEIPT OF SHIPMENT.

WAIVER OF IMPLIED WARRANTIES

We are not responsible, under any conditions, for the quality, productiveness or merchantability of our nursery stock. This warranty which is given expressly and in lieu of all other warranties expressed or implied of merchantability and fitness constitutes the only warranty made by the seller. Orders are accepted without liability for non-performance if labor shortages, delays in transportation or acts of God prevent us from making delivery.