TERMS AND CONDITIONS

WHOLESALE BUSINESS ONLY.

DEANS’ NURSERY, INC.

1177B DEAN NURSERY ROAD
LUCEDALE, MISSISSIPPI 39452

PHONE 601-947-2280 FAX: 601-947-1895

This precedes all previous terms and conditions.

We give no warranty, expressed or implied as to the description, quality, productiveness, or any other matter on any nursery stock, seed, bulbs, or plants we sale. Deans’ Nursery, Inc. reserves the right to cancel or delete from any order due to loss or damage that may occur in nature or other causes.
Prices are subject to change without notice. Prices are F.O.B. Deans’ Nursery, Inc. On signing this agreement, buyer confirms receipt of a Mississippi State and Federal Inspection stamp with this shipment and agrees to all terms and conditions of sale set forth in this document, and finally acknowledges the receipt and acceptance of their order.

ALL PURCHASES ARE TO BE PAID IN FULL UPON RECEIVING PLANTS.

While our regular terms are prepayment, we will be pleased to make credit arrangements with established firms upon receipt of your credit application, proper references, Florida firms Agricultural Bond number. All Firms must supply on request any and all State and Federal Tax numbers and/or license required by law. All credit accounts are payable in FULL 30 days from the date of invoice. All accounts past due are subject to a service charge of 1.5% per month (18% annum). All returned checks will be subject to applicable service charges. In the event of default of payment, purchaser agrees to pay any and all collection and/or legal fees. Venue will be in Jackson County Mississippi.

Upon order, Deans’ Nursery, Inc. should be informed of all inspection requirements of the buyer’s state.

UPON SHIPMENT BUYER AND/OR HIS REPRESENTATIVE AGREES TO BE PRESENT TO INSPECT SHIPMENT BEFORE DEPARTURE OF CARRIER. THIS FORM MUST BE SIGNED, DATED AND RETURNED TO DEAN’S NURSERY, INC. by mail or fax before any claims can be considered. If shipment all or part is rejected, contact Deans’ Nursery Inc. immediately by phone at 601-947-2280 before the carrier leaves. The carrier will return all and/or partial plant material to us with your written reason for rejection along with signature of buyer or buyer’s representative. This is required for any consideration of credit and/or replacements. Replacements and/or refunds will only be from Deans’ Nursery, Inc. available stock and, not to exceed the original invoice amounts. A clear copy of original invoice must accompany request for refund, credit or replacement. All freight fees are the carrier and buyer’s responsibility. Deans’ Nursery, Inc. has no obligation to pay or collect freight fees. NO UPS SHIPMENTS.

All sales are with the understanding that the buyer has the ability to grow and care for plant material purchased from Deans’ Nursery, Inc. Our firm’s responsibility ends when delivery is accepted and carrier leaves destination site and/or when buyer picks up and buyer’s truck leaves Deans’ Nursery, Inc. property.

We at Deans’ Nursery Inc. are in no way a teaching agent. We grow quality plants. The way our product performs after sold is completely the buyer’s responsibility.

Upon delivery, buyer agrees to inspect for damage, proper count, variety and size of delivered plant material. It is the buyer’s responsiblity to report any and all damaged material, improper count, varities, and sizes before carrier departs delivery site. Return of any and all plant material will be acceptable only within 7 days of receipt date with copy of this agreement. Otherwise, all sales are final. All material to be returned must be cared for properly and in good condition in original containers, protected from freeze and or drought and protected from any diseased plants at location site. We at Deans’ Nursery, Inc. reserve the right to approve carrier for return shipment and date of return. SHIPMENT BY COMMON CARRIER C.O.D. PLEASE HAVE A CHECK ON DELIVERY SITE. When possible we will call and notify you of the total invoice and name of carrier in advance.