TERMS AND CONDITIONS OF SALE
DEFINITIONS: As used herein the term "company" means Griffin Greenhouse Supplies, Inc.; the term "Merchandise" means the goods described on the face hereof; and the term "Purchaser" means the purchaser identified on the face hereof.
PRICING: The prices for the Merchandise are subject to change without notice in accordance with the prices in effect on the date of shipment.
MINIMUM ORDER SIZE: Orders under $75 will incur a $15 small order upcharge along with delivery charges.
RETURNS AND CANCELLATIONS: No merchandise may be returned without authorization from our office. A) Plant orders are custom grown when booked in advance. Please review acknowledgments and confirmations for accuracy to prevent shortages and overages. Orders received which do not allow sufficient crop time will be reserved from the vendor’s surplus availability. Cancellations cannot be accepted after production is started or the product is reserved. Cancellation of non-seed orders will be subject to a 20% processing fee. B) Seed Orders: The company will accept return of seed orders for credit pursuant to the following conditions: (i) Seed orders must be returned in the same condition within 30 days of ship date (ii) No opened seed packages will be accepted for return (iii) No special ordered seed will be accepted for return (iv) No primed or Pre Nova seed orders will be accepted for return (v) Purchaser must notify customer service prior to return of all seed orders. Purchaser is subject to a 20% restocking fee for all returned seed orders.
SHIPMENT, RISK OF LOSS AND TITLE: Shipments of the Merchandise hereunder are F.O.B the Company's plant and the Purchaser assumes all risk and liability for loss, damage, or destruction after delivery of the Merchandise to the carrier.
CLAIMS: All plant deliveries must be inspected upon receipt. Any damage or quality issues need to be reported within 24 hours. The Company may request that you plant the usable material with notification of total losses at a later date. In the case of visible shipping damage upon receipt from Fed EX / UPS, damage must be noted on your freight bill and signed by the carrier’s agent (driver). You must contact the Company’s Plant dept within 24 hours to report your claim, at which time we will instruct you if you need to file the claim directly with the carrier, or if we will handle the claim. Damage that is not visible until the boxes are opened must be reported within 24 hours of receipt. A customer’s lack of notification allows the Company to reserve the right to deny credit. The Company will request replacements whenever possible, subject to availability. Claims may require photos at the time of submission.
PAYMENT: We accept cash, check, or the following major credit cards: Visa, Master Card and Discover. Credit card payments do not qualify for any discounts, i.e. 1% 10 Net 30. Use of a credit card for payment after the order has been invoiced will require a signed form agreeing to a 2% convenience fee charged by Griffin Greenhouse & Nursery Supplies, which will be applied to the balance being paid. Plant orders cannot be shipped COD due to the perishable nature of the product. Payment is required eight weeks in advance of the requested ship date, unless you have approved credit with the Company. Those orders that are placed with less than an eight week lead-time will require a credit card or check to secure the product, unless you have approved credit with the Company. The order will not be placed with our supplier until payment is received.
FINANCE CHARGES: A 1 ½% per month service charge is added on all overdue accounts. This is an 18% annual charge.
TAXES: Appropriate state tax will be charged based on the location of delivery. All items will be charged sales tax unless we have your tax exempt number on file. In compliance with the law, we must charge the tax on all items which the state designates as taxable, even though you have provided us with your sales tax number.
PICTURE DISCLAIMER: The Company strives to provide the most accurate rendition of the varieties contained within. However, we rely on our growers to have plants correctly labeled for our photography and on pictures they provide to us. The Company cannot be held liable for incorrect entries, and all pictures and variety names should be verified with the vendor and breeder catalogs. Recommendations made by the Company are compiled from recognized horticultural sources. We are not responsible for damage or losses that occur through secondary parties
EXCUSABLE DELAYS: Any delivery dates agreed to by the Company are only approximate and are subject to reasonable variation. In any event the Company shall not be liable for delays or for failures in performance or default in delivery arising out of or resulting from causes beyond its control. In no event shall the company be liable for any damages, incidental, consequential, special, or otherwise, arising out of any failure to deliver any merchandise to the Purchaser, any delay in delivery thereof, or any rejection or revocation of acceptance thereof by the Purchaser.
PROHIBITION ON REPRODUCTION OF SEEDS: The Merchandise is to be used solely in the production of crops. The Purchaser must under no circumstances make use of the Merchandise for further reproduction or any other form of multiplication. After grading, calibrating, pelleting or treating in any other way the Merchandise, the Company's warranty shall be void and of no further force and effect. The purchaser must undertake to impose the prohibition laid down in this section on its own buyer on the understanding that they will also do the same for their subsequent customers.
WARRANTIES: Crop yield and quality are dependent upon many factors beyond the control of the Company and NO WARRANTY is made for crop yield and quality. The Company warrants only that all seeds, bulbs, plants or merchandise sold have been labeled as required under applicable state and federal seed law and the seeds, bulbs, or plants conform to the label description which recognized tolerances. THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR UNDERWRITTEN, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES, WHICH EXTEND BEYOND THE DESCRIPTION ON THE LABEL. No claim shall be asserted against the Company unless the Purchaser reports to the Company within a reasonable period after discovery (not to exceed 30 days any condition that might lead to a complaint.) THE PURCCHASER'S EXCLUSIVE REMEDY FOR ANY CLAIM OR LOSS RESULTING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, OR NEGLIGENCE (INCLUDING BUT NOT LIMTED TO INCIDENTAL OR CONSEQUENTIAL DAMAGES)SHALL BE LIMITED TO REPAYMENT OF THE PURCHASE PRICE.