Terms and Conditions

 

By visiting or shopping at this web site, you accept the following terms and conditions. Please read them carefully.

TERMS

Our terms are cash with order unless COD terms are approved or credit is established. COD shipments require 30% payment with order. Overdue accounts are subject to 1 ½ % per month (18% per annum) finance charge plus cost of collection, if any, unless other arrangements have been approved in writing prior to booking the order. Accounts are considered overdue after 30 days from invoice date. Availability and price are subject to change without notice. There is a $20 returned check charge.

PRICES

Prices listed in this catalogue are based upon present market conditions and are subject to change without notice. These are wholesale prices applicable to registered nurserymen and dealers. Prices herein listed are F.O.B. at Buckhorn Creek Nursery, South Hill, VA. Specimen stock selected by customers at the nursery will be charged according to its value. Advanced orders are priced as quoted at time of confirmation.

ORDERING

Place Spring orders through October. Use our availability list printed separately. During March through November, if you order on Monday by noon, we will attempt to deliver that week. Due to increased labor and other costs, we find it necessary to request that the minimum order be at least $100.

CANCELLATION OF ORDERS

Any cancellation must be made in writing for it to be binding. We also must receive this written information a reasonable length of time before the expected pick up/delivery date. If the order is already in process we expect you to receive it. There will be a 25% restocking charge in some situations.

SHIPPING

Please provide shipping instructions with your order. If no instructions are given, your order will be delayed until proper instructions are received. We cannot be responsible for loss, damage or delay when shipment is made by carriers other than our own. Local deliveries (within 100 miles of the nursery) may be arranged at a charge based on mileage. Price breaks on delivery charges are usually given for large orders.

PICKUP ORDERS

If you would like to pick up plant material, then call us to place an order. Please give us at least 2 days to pull the order before you come. You may come anytime between 8:00 am and 3:30 pm but we prefer you be here by 2:00 pm to insure prompt service. We strongly urge you to try to schedule your appointment time at either 8:00 am or at 1:30 pm. Please call ahead if possible so we know when to expect you. We will notify you by telephone when your orders are ready for pickup. We will schedule a pick up appointment for you at that time. This helps us get your plants loaded with a minimum of waiting.

We can load the material on your trucks without extra charge. Please bring along suitable covering to protect the plant material in transit. We will not be responsible for the condition of plant material if not picked up within seven days after being notified that the material is ready. There will be an additional charge for holding plant material past this seven-day period.

DELIVERY SERVICE

If it is not possible to pick up plant material with your own truck, we will make every effort to obtain the services of reliable private carriers or our own truck so as to make delivery at the lowest possible cost to you. Frequently, less than trailer load orders can be combined with other orders to the same general location. Your delivery charge will be prorated on the truck. Minimum delivery fee is $70 within a 100-mile radius of the Nursery. The customer is expected to assist the driver to unload.

CAUTION

All materials offered subject to prior sale. We accept all orders subject to crop conditions and on condition that same shall be void should injury befall our stock from hail, fire, frost, error in count, or other causes beyond our control. All orders are accepted without liability from nonperformance if labor shortage or delay in transportation should prevent us from making delivery.

GUARANTEE OF GENUINENESS

If any stock, upon proper proof, proves to be untrue to description of variety name under which it is sold, we will replace such nursery stock or refund the original amount paid. We shall in no case be liable for any sum greater than the amount originally received for said nursery stock. We give no guarantee, expressly or implied, as to life or productiveness of any nursery stock sold at these wholesale prices.

CLAIMS

Errors made by us will gladly be corrected. Claims for any cause must be made promptly upon receipt of plant materials. We will not entertain claims after goods have been accepted or when written report is not made within six (6) days after arrival of stock.

None of our salespersons or representatives are authorized to alter or change these terns in any way unless confirmed from our office in writing.

VIRGINIA SALES TAX

We sell only for the retail nursery, garden center and landscaper market and to those with sales tax exempt status. We are not set up to charge Virginia Sales Tax. We will appreciate a copy of your VA ST10, Tax Exempt Certificate, prior to sale.

RETAIL SALES

By special arrangement with September Enterprises of Bracey, VA., we sell their plant material at their retail price, including state tax, at the nursery. Retail customers may visit the nursery and purchase stock in this manner.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of this site's owner or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of this site's owner and protected by U.S. and international copyright laws. All software used on this site is the property of this site's owner or its software suppliers and protected by United States and international copyright laws.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE MADE, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS SITE'S OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS SITE'S OWNER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE'S OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.