OUR TERMS & CONDITIONS
TERMS OF SALE
Unless credit has been approved, all sales are on a cash basis. Terms are net 30 days. Net 30 days. Cash discount will be allowed only if all previous invoices have been paid.
OVERDUE ACCOUNTS are subject to 1.5% per month service charge, plus cost of collection, if any.
GUARANTEE LIMITED WARRANTY
We exercise the greatest care to keep our varieties true to name. We will replace, free of charge, nursery stock that is proven to be untrue to name, or refund the original amount paid, at our option. All claims must be made in the time and manner provided below. THE FOREGOING WARRANTY IS EXCLUSIVE, AND WE HEREBY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
The remedies provided herein are the sole and exclusive remedies available. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) WHETHER BASED ON CONTRACT OR ANY OTHER LEGAL THEORY. IN NO EVENT SHALL WE BE LIABLE FOR ANY SUM GREATER THAN THE ORIGINAL PURCHASE PRICE, and in the event that any limitation of warranty or disclaimer of liability is found to be unlawful or inapplicable, or to have failed in its essential purpose, our liabilities shall be limited to the amount paid for the specific nursery stock that caused such liability.
We do not anticipate any claims. However, if there is a problem, the following procedure will expedite your claim:
- Examine and count all material immediately upon delivery.
- As carriers are liable for transit damage, you must enter any damage on delivery receipt. All claims must be entered to carrier by consignee.
- Within 24 hours, mail a statement of estimated loss to Hartmann’s Plant Company or call our office with the information.
- Always identify problems by size, variety, and more important, by applicable Confirmation / Invoice number.
- We are not liable, in any event, for more than the replacement cost of each plant.
- Plant warranty: 3 weeks after shipment. After this period the warranty is void.