Terms

For customers without Established Terms, plants will be shipped after payment is received and dates are dependent on weather conditions. Shipping dates are only estimates.

A 25% non-refundable deposit is due within 10 days of the Confirmation date to hold order. Then no substitutions please. Additions are always welcome. Cancelations are subject to a 25% cancelation fee.

All prices are FOB our loading docks in Silverton or where indicated.

Minimum Order For Wholesale accounts, there is a small $500 minimum order, with the majority of the line items being of the wholesale quantity (usually 5 -#1’s, 4 - #3’s and 3 - #6’s) which is listed on the availability list. We recommend a $1500 order to keep shipping costs efficient. Retail accounts do not have these same restrictions. Retail customers are encouraged to use www.shop.westernevergreen.com to place an order.

Shortages of Acknowledged Nursery Stock In the event of destruction or injury of ordered nursery stock (here in after referred to as Stock) due to fire, weather condition or error in field inventory, Seller retains the right to prorate all or a portion of Seller's Stock between existing orders at Seller's discretion.

Right of Inspection Buyer shall have the right to inspect the goods at the time and place of delivery before paying for or accepting them.

Risk of Loss Risk of loss shall pass to the Buyer upon receipt of the Stock to Buyer or Buyer's carrier at Seller's address. Freight claims must be directly submitted to the carrier. All nursery stock is shipped at buyer's risk and expense. Unless given specific instructions, we will ship by the method and carrier we think best.

Disclaimer of Warranties Seller warrants that the Stock is as described herein or in Seller's catalog, but NO OTHER WARRANTY, EXPRESS OR IMPLIED INCLUDING ANY WARRANTY OF MERCHANT-ABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE IS MADE IN RESPECT TO THE STOCK. If any sample is shown to buyer, such sample was used merely to illustrate the general type of stock.

Stock as Collateral Buyer hereby grants to Seller a security interest in the stock described herein to secure payments.

Remedies Buyer and Seller shall have all remedies afforded each by the Uniform Commercial Code.

Claims Claims must be filed in writing within five (5) days after receipt of shipment or shipment will be deemed satisfactory. Buyer agrees to file claims against the carrier for any stock damaged in transit. In other instances, Seller shall not be responsible for more than the purchased price of stock.

Time for Bringing Action Any action for breach of this contract must be commenced within one (1) year after the cause of action has accrued.

Applicable Law This agreement shall be governed by the Uniform Commercial Code. Whenever the term "Uniform Commercial Code" is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Oregon as effective and in force on the date of the acceptance of these conditions.

Conflicting Terms Seller Seller is not bound by any terms on Buyer's order blanks which attempt to impose any conditions at variance with Seller's terms and conditions of sale which are included herein or stated on Seller's packages, invoices and technical data sheets. Seller's failure to object to provisions contained in the aforementioned forms shall not be deemed a waiver of the provisions of the Seller's terms and conditions which shall constitute the entire contract between the parties.