TERMS AND CONDITIONS
Prices:
All prices are FOB Rosebrook
Nursery, Oklahoma City, OK and are subject to change without
notice.
Credit: Credit is available with
Rosebrook Nursery's acceptance of a credit application. At
least 4 trade references are needed. Allow 4 weeks for
processing. Open accounts are
due net 30 days. Past due accounts are subject to a
finance charge
assessment of 1.5% per month (18% per annum). Orders cannot be
booked until all overdue invoices are paid in full.
Deposit:
With approved credit, no
deposit required. Without credit, 20% deposit required before digging, remaining
80% due upon pick-up or before shipping.
Cancellations: All cancellations
must be received in writing 30 days before scheduled shipping.
Shipping: Rosebrook Nursery can
arrange shipment, shipping charges can be quoted upon request.
In the event Rosebrook Nursery arranges for shipment of stock,
the customer will be responsible for all transportation charges
and any other expenses reasonably incurred in the transportation
of the customer's order.
Risk of Loss:
Risk of loss will pass
to the customer at the time that trees are loaded for shipment.
On customer pick-up, risk of loss will pass to the customer at
the time that the tree order is dug.
Warranties and Guarantees:
Rosebrook Nursery gives no warranty or guarantee, express or
implied to any customer or customer's agents, heirs, assigns,
successors or representatives, or any third party as to the
life, description, quality, productiveness, merchantability,
fitness for purpose, or fitness for particular use beyond the
description of the plants as true to name, properly grown and
correctly graded at the time of purchase. Rosebrook Nursery assumes
no responsibility for results after planting.
Limitation on Liability:
In the event a claim or dispute arises, Rosebrook
Nursery may only be held liable for a sum equal to or less than
the amount originally received for any stock. Claims will
be considered on paid in full orders only if received in
writing within ten (10) calendar days from the date of shipping
at Rosebrook Nursery, 2300 SW 89th, Suite A, Oklahoma City, OK
73159. Furthermore, we shall not be liable for shortages
or delays resulting from circumstances beyond our control.
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