Terms 2017-08-19T13:26:00+00:00

Terms and Conditions

We thank you for your business and attention to the following.

Discounts: EARNED VOLUME DISCOUNT PLAN (EVD) is a discretionary discount plan for our wholesale customers. You will receive your discount for all purchases NEXT YEAR (year 2017) based on your total net purchases this year – January 1, 2016 to December 31, 2016. Mountain Shadow Nursery LLC reserves the right to cancel or modify the program at any time.

DISCOUNT RATE PURCHASE VOLUME
2% $6,000 TO $9,999
4% $10,000 TO $24,999
6% $25,000 TO $49,999
8% $50,000 TO $99,999
10% $100,000 AND OVER
Your current year discount is based on purchases in the previous year. To maintain your current EVD, we REQUIRE that your account is paid current and in accordance with your terms, throughout the entire year. IF YOUR ACCOUNT BECOMES OVERDUE, YOU WILL AUTOMATICALLY LOSE YOUR EVD. This is a voluntary program that Mountain Shadow Nursery LLC offers.

ORDERING, PRICING AND MINIMUMS
To insure that your order can be filled and allow us to plan our production, orders need to be placed with us approximately six to twelve months in advance. All orders will be confirmed giving an approximate delivery date and are subject to prices at the time of shipment. We will call you before shipping your order. While we do our best to ship on schedule, the actual shipping date is dependent on each particular crop type.

Prices within this list are for the wholesale trade only. This price list cancels all previous quotations and prices are subject to change without notice.
Minimum order for rooted or unrooted microcuttings is 250 per variety.

The majority of our production is done on a schedule contract basis, so please see us about growing that special new item, exclusively for you.

TERMS
Our terms are net 30 days from invoice date for established customers. For all others, 25% deposit is required at time of order confirmation, with the balance due net 30 days from shipping date. A service charge of 1.5% of the net balance owing will be added for each month or portion of a month from invoice date (which is an annual rate of 18%) if payment is not made within 30 days.
Please note: patented or trademarked items may be subject to royalty payments or restricted to licensed growers depending upon agreements with patent or trademark owners. Royalties will not be discounted.

CANCELLATIONS
In most cases, the plants on your order are specially planned and produced for you. Any changes or reductions to your order need to be agreed on with us. Orders accepted in writing cannot be cancelled without written consent of Mountain Shadow Nursery LLC. If cancelled, cancellation must be based on terms that will indemnify Mountain Shadow Nursery LLC against all losses arising from such cancellation.

SHIPPING
Prices are FOB Olympia, Washington. All shipping charges (boxes, packing, transport and freight) will be invoiced at cost. We recommend UPS or FedEx. Contact us for other freight options (air freight, Amtrak, bus). All shipments travel at the customer’s risk and expense. We will not be responsible for any damage in transit. Please contact us for local pickup or delivery.

GUARANTEE AND LIMITED WARRANTY
At Mountain Shadow Nursery LLC we do our best to produce a quality product for you.
We exercise the greatest care to keep our varieties true-to-name. We warrant that our varieties will be true-to-name and 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. We shall have no responsibility other than, at our option, to replace nursery stock that is proven to be untrue to name, or to refund the original amount paid therefor.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) WHETHER BASED ON CONTRACT, TORT 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 of its essential purpose, our liabilities shall be limited to the amount paid for the specific nursery stock that caused such liability.
All orders are booked subject to crop yield and conditions with the understanding that the orders shall be void should injury befall stock because of fire, frost, contamination or other causes beyond our control.

CLAIMS
Receipt of shipment shall constitute a binding acceptance thereof upon these terms unless shipment is rejected for cause and notice thereof is delivered to Mountain Shadow Nursery LLC within 48 hours of receipt. Failure to document a problem within 48 hours of receiving plants may result in refusal of your claim at a later date.