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Conditions of Sale
  • PRICES: Our prices are based on current market conditions and are subject to change without notice. All quotations are F.O.B. Forest Grove, Oregon.
  • ADDITIONAL CHARGES: Summer Digging and Holding Fee: Between May 1st & October 1st. Prices will increase 15% for digging and /or holding material.
    An additional 5% per month after the first month of holding applies to orders. Materials canceled after being dug are subject to a 20% restocking fee.
  • TERMS: Net 30 days with those who have established credit with us. Satisfactory references are required from unknown parties. All deposits are non-refundable.
  • ACCEPTANCE OF ORDERS: We accept all orders subject to the condition that the same shall be void should the ordered stock be injured by flood, drought, fire,
    frost, hail, errors in count, and any other cause beyond our control.
  • GRADE STANDARDS: EF Nursery, Inc. uses only those standards adopted by the American Association of Nurserymen. Unless agreed differently.
  • GRADING AND QUALITY: Our trees are expertly grown in clean loam soil, liberally graded, carefully handled, and shipped to arrive in good condition.
  • CLAIMS OR COMPLAINTS: We very much appreciate having reports on shipments as soon as they are received. Any unsatisfactory stock must be reported
    within five days and held for advice from us as to disposition.

    These terms and conditions are subject to change without notice. Additional terms below.



TERMS AND CONDITIONS

  • 1. PAYMENT: Buyer will make payment in full within thirty (30) days of date of plant material invoices and seven (7) days of date of freight invoices, services
    charges will be charged on overdue accounts at the maximum legal rate or 1.1120~ per month (18% per Annum), whichever is less.

  • 2. WARRANTIES AND SELLERS & LIABILITY: Seller warrants that its plant materials are of the varieties true to name as described in this acknowledgment.
    Upon proof to seller's satisfaction that the plant materials delivered to Buyer are not of the varieties described in the Acknowledgment, Seller, at its discretion,
    will either replace such plant materials or refund the portion of the original purchase price that relates to such plant materials. Any claims concerning plant
    materials must be submitted by Buyer in writing to seller within the following periods after receipt of such plant materials by Buyer:

  • A. Within 5 days: Claims for incorrect counts or sizes. (Subject to the Provisions of Section 3, below.)

  • B. Within 5 days: Claims for mortality or variety errors on containerized or balled and burlaped plants. This warranty does not apply to plant materials damaged
    or injured during shipments on contracted carriers, or due to Buyer's negligence, improper care, unreasonable use or abuse. Under no circumstances shall seller
    be liable for any amount greater than the original purchase price. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
    IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
    REPLACEMENT OF THE PURCHASED PLANT MATERIALS E.O.B. AT THE PLACE WHERE SELLER ORIGINALLY SOLD TO BUYER, OR REFUND
    OF THE ORIGINAL PURCHASE PRICE, AT SELLER'S OPTION IS BUYER'S EXCLUSIVE REMEDY UNDER THIS WARRANTY, AND IN NO CASE SHALL
    SELLER BE RESPONSIBLE FOR THE CONSEQUENTIAL OR SPECIAL DAMAGES, REGARDLESS OF WHETHER THE PROBLEMS OR DEFECTS ARE
    DISCOVERABLE OR LATENT.

  • 3. CONTINGENCIES: This order acknowledgment and Seller's liability hereunder is subject to Seller's crop growing conditions and is made with the
    understanding that orders may be voided or modified by Seller should Seller be unable to perform any terms or conditions of this Acknowledgment due to the
    following: Any and all weather conditions including but not limited to drought, flood, fire, frost and hail; errors in count; labor problems; crop failures; pestilence;
    war; embargo; government regulations or restriction of any and all kind; expropriation or condemnation of property by governmental authority; interruption of or
    delay in transportation; accidents; explosions; inability to obtain material and supplies; excess of demand for equipment over available supply; and any other
    causes within or beyond the Seller's control. Seller reserves the right without notice to Buyer to substitute the closest possible size at Seller's current
    corresponding price of plant material in stock if Seller is unable to furnish size ordered by Buyer.

  • 4. RISK OF LOSS OR DAMAGE: All risk of loss or damage to the plant materials shall be on Buyers from and after delivery to a carrier or to Buyer, whichever
    delivery occurs first, and such loss shall not relieve Buyer from any obligations.

  • 5. TAXES: Prices listed on this Acknowledgment do not include federal, state or local taxes, which shall be paid by the Buyer.

  • 6. DEFAULT AND REMEDIES: Time is of the essence of this Acknowledgment. If Buyer becomes insolvent, fails to make any payment within the time required,
    or fails to perform any other obligation imposed by this Acknowledgment or by law, Buyer shall be in default and Seller may immediately enforce any and all
    remedies provided by law.

  • 7. COST AND ATTORNEY FEES: In the event suit or action is instituted to enforce any of the terms of this Acknowledgment, the prevailing party shall be
    entitled to recover from the other party such sums as the court may adjudge reasonable as attorney's fees at trial or on appeal of such suit or action, in
    addition to all other sums provided by law.

  • 8. ASSIGNMENT: The right and benefits of Buyer are personal to it and may not be transferred or assigned, voluntarily, or involuntarily, without the prior
    written consent of Seller. Subject to the limitation, this Acknowledgment shall be binding upon and insure to the benefit of the parties, their successors
    and assigns.

  • 9. ENTIRE AGREEMENT: Buyer agrees that this Acknowledgment is the complete and exclusive statement of the agreement between the parties, which
    supersedes all proposals or prior agreement, oral or written, and all other communications between the parties relation to the subject matter of this
    Acknowledgment. This Acknowledgment can be altered, however, by different or additional terms contained in a subsequent Acknowledgment,
    invoice or change order issued by Seller.

 

 

 


Growers of Premium Quality Specimen shade, flowering and conifer trees.
43465 SW Hiatt Rd, Forest Grove, OR 97116
Phone: (503) 357-5141 TOLL FREE: 800-574-5141 Fax: (503) 357-1352
2012 EF Nursery, Inc., All Rights Reserved (www.efnursery.com)