Terms & Conditions
TERMS: Customer understands that the preceding information is given for the purpose of obtaining credit with Seller, and Customer represents and warrants that the above information is complete and accurate as of this date. Customer hereby authorizes Seller to make inquiry of the Trade References shown above as to Customer’s creditworthiness, and hereby agrees to indemnify Seller and its agents from any liability resulting from Seller’s credit investigation.
Customer agrees to pay all balances due to Twin Lakes Nursery, Ltd (“Seller”) within 30 days after tender of delivery to Customer. Customer further acknowledges and agrees that interest at the rate of 1-1/2% per month or the maximum rate allowed by law will be charged on all unpaid past due balances and that a 10% restocking fee (the “Restocking Fee”) will be charged on all cancelled orders or returned goods. Customer acknowledges and agrees that the Restocking Fee is not a penalty or interest, but merely a fee to cover the cost of handling and delivery expenses. In the event of default hereunder, Customer agrees to pay all costs of collection including but not limited to reasonable attorneys’ fees. No sales will be made to customers whose accounts have not been paid in 60 days. Any account that has not been paid in full within 70 days will be terminated. Customer represents that all goods purchased from Seller by Customer are for business or commercial use only and not for consumer use. Customer acknowledges that in the event of non-payment, Creditor may at its sole discretion, assign the account for collection to collection agency or Attorney of Creditor’s choice. In either of such events, customer waives any claim of jurisdiction or venue in the county or state of customers’ residence or place of business, and agrees that, at the sole discretion of Creditor, should suit be instituted, personal jurisdiction, as well as venue, will be exclusively in Van Zandt County, Texas.
LIMITATIONS ON LIABILITY AND CLAIMS: Upon delivery of the goods, Customer shall have the right to visually inspect the goods and accept the delivery as being the correct number, variety, quality and in good, healthy living condition at the time of delivery. All claims concerning errors in variety, species, quantities or damages must be noted on the delivery invoice and brought to the attention of the driver at the time of the delivery. In addition, Customer must notify Seller in writing of any such claims within 24 hours after delivery. Failure to present any such claim within 24 hours shall constitute acceptance of the goods AS IS WITH ALL FAULTS. SELLER HEREBY DISCLAIMS ANY IMPLIED WARRANTIES WITH RESPECT TO THE GOODS, EXCEPT TO THE EXTENT THAT ANY NURSERY STOCK IS PROVEN TO BE UNTRUE TO DESCRIPTION OR VARIETY NAME UNDER WHICH IT IS SOLD. IN SUCH EVENT, SELLER WILL REPLACE SUCH GOODS OR REFUND THE PURCHASE PRICE, AT SELLER’S SOLE OPTION. CUSTOMER AGREES THAT SELLER WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES OF ANY NATURE CAUSED TO THE BUSINESS OR PROPERTY OF CUSTOMER BY ANY FAILURE OR DEFECT OF THE GOODS.
PRELIMINARY LIEN NOTICE: For the benefit of both landscape contractor and Twin Lakes Nursery, Ltd., we will request information as to the developer (owner), general contractor and lender on all job sites where we deliver material on credit. A material release will be issued upon full payment of the account.
PRICES: All prices are F.O.B. Twin Lakes Nursery, Ltd. This price list cancels all previous lists and is subject to change without notice.
DEPOSITS: Trees tagged and held for delivery more than thirty (30) days will require 25% deposit and/or a monthly maintenance charge.
SHIPPING: Shipment will be made on either common carrier or contract carrier. Minimum order required for shipment will be $1000.00. In addition to the delivery charge, there will be a drop charge on all orders.
Excessive Delivery Waiting Time (after 2 hours): $50 per hour