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Terms and Conditions

The terms and conditions set forth herein and on back of our invoice supersede any prior catalogues or listings.  North American Plants, INC reserves the right to refuse service to any entity or person for any or no reason.

PRICES:    North American Plants, INC is a wholesale nursery.  Our website, catalog, availability list and order form are intended only for those engaged in the business of buying and selling nursery products.  Our prices are subject to availability and can change without notice.  Any listing supersedes any past quotations or price lists.  Any order is subject to cancellation if the materials ordered are lost or damaged due to flood, drought, fire, frost, hail, contamination, errors in the inventory or count or any other cause or act of God beyond our control.  Any discount appearing on an invoice or acknowledgement is discretionary and shall never be deemed as constituting a continuing discount.  All prices are in U.S. funds and are F.O.B. McMinnville, OR.  Shipping charges or boxing costs, where incurred, are invoiced at our cost.  Buyer assumes all shipping expense.  Buyer accepts full risk of any losses during shipment. 

PAYMENT AND CREDIT POLICY:  Once plant materials have been shipped or delivered, the balance owing for them is due within thirty (30) days from invoice date unless otherwise indicated on the invoice.  Past due balances incur a 1.5% per month finance charge.  Accounts that become past due may be placed in "Cash On Delivery" status.  Such COD accounts may also be subject to larger deposits if futures orders are accepted.  Payments received on any account will be allocated at our discretion.  Any payment received from a customer with a past due balance will be allocated first to finance charges (if applicable), then to service charges (if applicable), then to the oldest balances.  We do not accept post dated checks.  Any checks returned to us for insufficient funds will be assessed a $35.00 service charge.  We reserve the right to perform credit checks on new accounts in order to determine credit worthiness.

LIMITED WARRANTY AND TECHNICAL ADVICE:    Our plants are periodically inspected by the Oregon Department of Agriculture and certified to be apparently free of dangerous insects and dangerously contagious plants diseases.  Except where otherwise noted within the catalog.  North American Plants, INC warranties its plant material to be true-to-name and in good living condition at the time of shipment to you.  However,  North American Plants, INC makes no representations or warranties, expressed or implied, with respect to the vigor, pest or disease resistance, climatic adaptability, yield or quality of fruit or flowers, merchantability and fitness for a particular purpose, or any other characteristic of any variety that we produce.   The foregoing list is intended to act as an example and in no way acts as a complete list of limitations. It is mutually agreed and understood that should any claim arise regarding plant materials that our total liability will be limited to replacement of the material in question, free of charge, or a refund of the purchase price on said item(s).  This limitation also applies to any plant material that proves not to be true to name.  Any claims arising from unsatisfactory quality of stock must be reported within the timeframes specified in the Terms and Conditions set forth on the invoice and held for advice as to disposition.  Beyond those specified timeframes materials shall be deemed to be accepted in good condition.  North American Plants, INC will not consider any claims that arise after delivered materials have been processed, stored improperly, transplanted, or otherwise altered.  It is expressly understood that any technical advice furnished by North American Plants, INC with reference to the use of its products is given gratis and as a courtesy and the North American Plants, INC assumes no obligation or liability for the advice given or results obtained, all such advice being given and accepted at Buyer's risk

TAXES, ASSESSMENTS, ROYALTIES, OR BREEDER'S FEES:  All applicable royalties, breeder's fees, taxes (including but not limited to, sales taxes, or any other special tax assessments) shall be fully paid by the Buyer and will be added to the Invoice total and collected by North American Plants, INC

ORDERING:    At North American Plants, INC we acknowledge and ship orders strictly on a first-come first serve basis, unless parties mutually agree to some other order of delivery.  It is for this reason that we strongly encourage our customers to order as far in advance as possible in order to ensure availability as well as timely delivery of the needed varieties.  North American Plants, INC will attempt to confirm orders within three (3) business days of receipt.  Upon confirmation (acknowledgement) of order, a 25% deposit will be due within thirty (30) days of the confirmation date, balance will also be due within thirty (30) days from invoice date unless other arrangements have been made at the time of order.  Past due balances will have a 1.5% per month finance charge levied.  Any cancellation of confirmed orders will be subject to written approval from North American Plants, INC.  In certain cases, any deposits paid will be retained in lieu of other damages.  In case of default, or late cancellation of an order, North American Plants, INC reserves the right to cancel any remaining orders for said customer.  Any checks returned for lack of funds will be subject to a $35.00 service charge.  All orders will be by written Acknowledgement or Invoice.  The terms and conditions set forth on these documents shall control all transactions.

DEPOSIT REQUIREMENTS:  Unless specified otherwise by us in writing, all orders require a 25% deposit paid on or before the date specified on the Order Acknowledgement.  If deposit is not paid in full by the due date, the order may be deemed cancelled.

WAIVER:  No waiver of any provision shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver.  No waiver shall be binding unless executed in writing by the party making the waiver.

ADDITIONAL TERMS AND CONDITIONS:  Additional terms and conditions are set forth on the reverse of our invoice.  If you would like a copy of this, please contact us.

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