Terms and Conditions of Sale
Terms and Conditions:
PRICES: Prices are in U.S. Dollars, are based on present market conditions, and are subject to change without notice. All prices are ex-warehouse at our production nursery in Ithaca, NY.
CANCELLATIONS: Any cancellation or reduction by customer in quantity ordered must be made in writing. Orders may be cancelled by Motherplants Ltd. due to late payments or shortage of stock. Once plants have been pulled for an order, any order changes requiring our returning plants to their normal locations will result in a 15% restocking fee.
RETURNS: Motherplants Ltd. reserves the right to accept NO returns or exchanges, because plant material is a perishable good and we have no control over the way it has been handled after it leaves our possession.
NON-GUARANTEE: As is customary in the nursery trade, nursery stock is sold “as is” without warranty, express or implied, as to quality, variety, description, productiveness, merchantability or results secured in planting or transplanting. Motherplants Ltd. cannot be held responsible for poor planting conditions, damage caused by severe weather such as drought, frost and wind, or damage from pest and disease after the plants have left the nursery. All nursery stock is offered for sale subject to crop yield and prior sale.
CONTINGENCIES: We reserve the right to prorate or cancel any order, in whole or in part, because of: strikes, labor shortages, fire, frost, flood, drought, disease, casualty, errors in count, spoilage, or other circumstances beyond our control.
SUBSTITUTIONS: If Motherplants Ltd. is unable to furnish the size or grade of plant material ordered by the Buyer, Motherplants Ltd. reserves the right, without notice to Buyer, to supply the closest available size or grade at the current corresponding price, or to source it from another nursery, unless the Buyer’s order or order acknowledgment has noted upon it “NO SUBSTITUTIONS”.
LIMITATION OF LIABILITY: Motherplants Ltd.’s maximum liability, whether contractual or for negligence or otherwise, is limited in amount to the amount paid Motherplants Ltd. for the purchase of the nursery stock under all circumstances and regardless of the nature, cause or extent of the loss.
PAYMENT TERMS: To those with credit approved by Motherplants Ltd., we extend our usual terms of 30 days net. Otherwise a 25% cash deposit must be paid when the order is placed and the balance paid upon delivery. Custom growing requires 30% down before growing begins or materials are ordered, and the balance is due upon delivery. Overdue accounts will be charged interest at the rate of 2% per month or an annual rate of 24% or the maximum allowable legal rate. Buyer assumes ownership and responsibility for goods at the time of shipment; however, Motherplants Ltd. retains a vendor’s interest in all goods until such have been paid for in full.
SHIPPING: All nursery stock is shipped at Buyer’s risk and expense from our nursery in Ithaca, NY. We charge for packing materials at our cost. Unless given specific instructions we will ship by the method we think best. Large orders will be shipped either by our vehicle or common carrier. Delivery charge by our vehicle will be quoted at the time of ordering, and exact ship date will be coordinated with the customer. Orders shipped by common carrier are outside of our control once they leave the nursery, and Motherplants Ltd. assumes no responsibility for delays or damages incurred. If delivery is time sensitive, it is the buyer’s responsibility to order and accommodate the delivery to meet their own schedules. Small orders will be shipped UPS.
RECEIVING & ACCEPTANCE: Nursery stock is perishable. All shipments should be immediately and carefully unpacked and inspected on arrival and then placed in proper storage. Any problems with the condition or quality or quantity of goods received should be brought to our attention immediately.
CLAIMS: Claims for any cause must be made in writing within 5 calendar days after arrival of goods, which period of time is expressly agreed to be reasonable. If Buyer does not give such notice, Buyer agrees to have irrevocably and unconditionally accepted the goods. Motherplants Ltd. furthermore will not consider any claim after nursery stock has been processed, improperly stored, planted, or otherwise treated, modified or used in any way. Claims for losses while goods are in transit must be filed by the Buyer directly with the carrier.
QUOTES: Quotes are based on availability as of the date quoted. Supply is not guaranteed beyond that date, and prices are subject to change without notice.
SEVERABILITY: In the event that any part of these terms and conditions of sale is held to be illegal or unenforceable in any jurisdiction, the other parts shall nonetheless remain in full force and effect.
By acceptance of the nursery stock from Motherplants Ltd., the buyer acknowledges that the limitations and disclaimers herein described are the conditions of sale and that they constitute the entire agreement between buyer and seller.
Revised December 2009
