Terms and Conditions

TERMS:

All sales are on a cash basis unless credit has been approved. Credit can be arranged by supplying a credit card application. Please allow 30 days for credit application processing. All credit accounts are due and payable 30 days from the date of invoice.

 

SERVICE CHARGE:

All accounts 30 days past due are subject to a service charge of 1 1/2% (18% per annum). We expect payment in full on all accrued finance charges.

 

CONTRACT ORDERS:

Contract orders require 25% security deposit on the plant material to be grown.

 

SHIPMENT:

All shipments travel at the risk and expense of the purchaser. All prices are FOB our nursery, and subject to change without notice. It is the Purchaser’s responsibility to file claims with the carrier.

 

GUARANTEE, CLAIMS, AND LIABILITY:

We give no warranty, expressed or implied, to customer or any third party as to the life, description, quality, productiveness, merchantability, or fitness for purposes beyond the description of the plants as true to name, being properly grown and graded. We will replace at our nursery any stock that proves to be otherwise or issue a trade credit. No cash refunds on lost plants. In no case shall Ray’s Nursery be liable for any special, incidental or consequential damages. Claims are only considered on fully paid orders. Orders are accepted subject to prior bookings and with the understanding that Ray’s Nursery shall not be liable for injury to plants or crops from weather, disease, water, or lack of there of, frost, hail, floods, fire, or others acts of God, labor shortages, transportation damages or delays, theft, vandalism, or other circumstances beyond our control. All shipments travel at the risk and expense of our customer, FOB our nursery, Phenix City, Alabama. Cancellations must be made in writing and only before the order is processed, customer is liable for any expenses and losses incurred by Ray’s Nursery. It is mutually understood and agreed that any purchase contract shall be governed by the laws of the State of Alabama, both as to interpretation and performance, that Russell County, is deemed to be the place of execution of the contract and agreement, that the courts of said state and county are deemed to have exclusive venue and jurisdiction of any litigation involving the purchase of plants.

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