Commercial-Wholesale Division / Terms and Conditions for Commercial Sales
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- CONDITIONS OF SALE
- PAYMENT
- OVERDUE ACCOUNTS
- PICKUPS, LOADING, TRUCKING and DELIVERIES
- SUMMER DIGGING
TERMS:
All orders are subject to the laws of the State of Connecticut where this Agreement shall be deemed to have been made, and all terms of this contract shall be construed in accordance with the laws of the State of Connecticut. All orders are subject to crop and labor conditions and we reserve the right to cancel any portion of the order (or all of the order) if our stock should be injured by weather conditions, insect damage, disease or other natural causes; or if a sufficient amount of our stock should not grow to, or meet the size required by this contract; or if we are unable to fill your order because of strikes, or the unavailability of labor or equipment due to any cause beyond our control.
GUARANTEE:
Millane Nurseries guarantees that all nursery stock is true to name and Millane Nurseries will replace any portion of the plant material that may prove otherwise, or at its option, Millane Nurseries will refund the price paid for any portion of the plant material that is not true to name. Except as stated in the sentence immediately above, Millane Nurseries makes no warranty of any kind, either expressed or implied and specifically, Millane Nurseries makes NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE AND ALL PLANT MATERIAL SOLD HEREUNDER IS SOLD AS IS. WE SHALL IN NO CASE BE LIABLE FOR ANY SUM GREATER THAN THE ORIGINAL VALUE FOR SAID STOCK.
CLAIMS:
Any and all claims that the nursery stock sold is not true to name, and/or claims of shipping damage(s), shortage(s), and/or discrepancy of product quality, must be made on the Bill of Lading and signed by the customer or their bona fide representative; but in any case, all claim(s) must also be made in writing and include or be supplemented by ample and discernable dated photographic evidence and documentation supporting said claim(s) within five (5) days of the delivery/pick-up date of said product. Such claim(s) must be received by Millane Nurseries at its principal mailing address no later than ten (10) days after the delivery/pick-up date if not included with the Bill of Lading. Any and all claims made subsequent to or after said date will only be considered at the sole discretion of Millane Nurseries and only in accordance with the following conditions:
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CLAIMS ON WINTER and SPRING DELIVERIES: Any request for adjustment(s) and/or credit(s) for any item(s) shipped/picked-up between January 1 and May 15, must be submitted in writing and include ample and discernable dated photographic evidence supporting said claim(s), and must be received by Millane Nurseries at its principal mailing address not later than June 30 in the year said item(s) were shipped/pick-up. CLAIMS ON SUMMER and FALL DELIVERIES: Any request for adjustment(s) and/or credit(s) for any item(s) shipped/picked-up between May 16 and December 31, must be submitted in writing and include ample and discernable dated photographic evidence supporting said claim(s), and must be received by Millane Nurseries at its principal mailing address not later than ten (10) days after said item(s) were shipped/pick-up. CUSTOMERS PICKING UP PLANT MATERIAL MUST USE SUITABLE TARPS OR COVERS to prevent wind/sun/heat damage and drying out of plants. No claim(s) will be considered by Millane Nurseries if plant material is transported without adequate cover protection. |
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DELAYS:
Goods held and maintained beyond two (2) weeks of the original Want-Date (as hereafter defined), items not shipped when Millane is ready to do so, and any other delays caused by or requested by our customers (when such delay is not caused by Millane Nurseries) are subject to holding fees of 25% to 50% of the original order amount.
CANCELLATION and RELEASE:
Any cancellation of any order must be made in writing to be binding and must be received by Millane Nurseries at least thirty (30) days before the expected digging date ("Expected Digging Date"); but in no event less than thirty (30) days before the requested date of shipment ("Want-Date"). Without application of a penalty as set forth below, no cancellations will be accepted after the dates mentioned. All cancellations are subject to a cancellation charge of 25% of the original order amount. Millane Nurseries reserves the right to release any merchandise not taken within two (2) weeks of the original Want-Date. Any merchandise held two (2) weeks beyond the original Want-Date may be subject to holding fees, and/or cancellation, and/or cancellation fees, and/or item re-pricing, and/or release to other customers and may only occur without penalty at the sole discretion of Millane Nurseries. In addition, Millane Nurseries may release any merchandise for sale to other customers in accordance with the following schedule: If the original order Want-Date is prior to May 31, we may release products to other customers as of June 15. If the original order Want-Date is subsequent to May 31 and prior to July 31, we may release products to other customers as of August 15. If the original order Want-Date is subsequent to July 31 and prior to October 31, we may release products to other customers as of November 15.
RETURN POLICY:
All returned items are subject to a re-stocking charge of at least $25.00 and additional handling fees or 25% of the sales price of the returned items, whichever is greater. Millane Nurseries is under no obligation to accept any returns if they are not in strict accordance with the above terms and conditions.
EXCEPTIONS:
Exceptions to the above terms must have prior written approval from Millane Nurseries Sales Manager or one of its Officers.
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PRICES:
Unless stated otherwise, all prices are F.O.B. Nursery at Cromwell, Connecticut.
CASH:
Payment terms are Cash On Delivery and all payment shall be by Cash, Certified Check, Bank Check or Credit Card (Discover, Visa or Master Card), unless credit has been established and is currently valid (See Overdue Accounts). A full deposit may be required on orders.
DEPOSITS:
Millane Nurseries reserves the right to require a non-refundable deposit for certain merchandise of at least 25%. This may include items such as, but not limited to: plants specifically dug, products specifically ordered and/or purchased by us for an order, as well as goods having late Fall/Winter Want-Dates. Any deposit is subject to forfeit if merchandise is not taken in accordance with the original contract.
CREDIT:
Full Payment is due and expected on or before the due date indicated on your invoice.
TAX:
Deliveries to out-of-state customers are Connecticut tax-exempt. All merchandise picked-up or delivered within the State of Connecticut is taxable. Connecticut State Sales Tax will be charged on all accounts unless valid Connecticut or out-of-state tax-exempt certificates are supplied prior to invoicing. All goods and/or services are subject to Connecticut Sales Tax where required by law and the customer is responsible for any fees, fines, or interest incurred by Millane Nurseries as a result of non-payment of tax by customer or reliance by Millane Nurseries on an invalid certificate of tax exempt status.
NON-SUFFICIENT FUND CHECKS ("Refused Checks"):
In accordance with present banking system regulations concerning re-deposits of Refused Checks, we are forced to impose a twenty-five dollar ($25.00) fee each time a check is refused for payment.
EXCEPTIONS:
Exceptions to the above terms must have prior written approval from Millane Nurseries Sales Manager or one of its Officers.
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Customer shall pay 1-½ % per month or the maximum allowed by law, whichever is less on all amounts which are not paid when due. In addition, if a customer does not carry out his obligations under this contract, then the customer shall pay a reasonable attorneys fee and the cost of collection incurred by Millane Nurseries in an attempt to carry out the terms of this contract. In the event legal action becomes necessary to enforce the terms and conditions of this contract, the customer agrees to Millanes option for venue of said suit being laid in the county of residence of Millane Nurseries. ANY OVERDUE ACCOUNT WILL BE CONSIDERED DELINQUENT and AUTOMATICALLY REVERTS TO C.O.D.
EXCEPTIONS:
Exceptions to the above terms must have prior written approval from Millane Nurseries Sales Manager or one of its Officers.
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Please provide us with the Want-Date at the time merchandise is ordered. We will try to have the material ready on that date unless you notify us to the contrary within one (1) week of the Want-Date. Pick-up delivery and independent trucking arrangements should be in accordance with this Want-Date. Customers will be notified by phone, fax, and or email to confirm the readiness of the material. Millane Nurseries will not be responsible for any merchandise which is not picked-up by, or shipped to, a customer within fourteen (14) days of the original order Want-Date, if the failure to ship is caused by the customer. If any plant material is not picked-up or is not shipped as provided in this paragraph, then in addition to the full purchase price, customer shall pay the cost of maintaining and reburlapping of plant material.
PICKUPS:
The survival and well-being of plant material is decreased when plants are transported without a suitable covering. Customers who are picking up plant material must use suitable tarps or covers to prevent wind/sun/heat damage and drying out of plants. No Claims will be considered if plants are transported without adequate cover protection.
LOADING:
All plant material will be loaded on OPEN TRUCKS ONLY. NORMAL LOADING HOURS ARE 7:00AM TO 3:00PM MONDAY THROUGH FRIDAY. Saturday morning pick-ups (before 11:00AM) requiring mechanized loading equipment, need prior approval and consent by the Millane Nurseries Shipping Manager. Millane Nurseries reserves the right to postpone any loading due to inclement weather, labor, mechanical or equipment problems.
TRUCKING and DELIVERIES:
We can usually arrange trucking for you if you request it. Ordinarily, independent truckers require C.O.D. payment. Plants become your property upon delivery to the independent carrier. We cannot be responsible for loss, damage, or delay in transit. All merchandise travels at the risk of the buyer and carrier.
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SUMMER DIGGING
can be arranged for a reasonable additional charge; which would be determined by the type and size of plant material plus the amount of the order. Please inquire for details.