Terms
of Sale and Conditions of Sale
Payments
- All plants purchased may be paid
for by cash, check, wire transfer, or within the terms of sale stated
on the sales invoice. We will be pleased to open credit accounts for
established companies. Minimum order size is $100. Invoices remaining
unpaid for more than 30 days (or such shorter period as may be
indicated on the invoice) are considered past due. We assess a service
charge of 1.5 % per month on past due accounts. We assess a $25.00
service fee, or the maximum rate allowed by law, for returned checks.
The purchaser agrees to pay all collection costs, attorneys’ fees,
and court costs for actions brought for collection. Warrantees - We
warrant, to the extent of purchase price only, that the plants are
true to name and description within recognized tolerances and trade
usage. We give no further warranty, expressed or implied, as to the
merchantability or fitness for any particular use of the plants. We do
not assume responsibility for any cancellation or delay caused by
conditions reasonably beyond our control, including, but not limited
to, natural disasters, (floods, fire, frost, storm etc.) and human
intervention (theft, regulatory acts, strikes, equipment failures
etc). Orders are subject to the suitability of stock on hand at the
time of shipment. Liability is limited to the amount charged for the
plant; this limitation is not modified by a acceptance of a purchase
order specifying other conditions. Orders and Cancellations -
Pre-booking is encouraged, particularly for large orders, seasonal
deliveries, and holiday promotions. Please indicate your desired bloom
stage when ordering. Orders are prepared 24 hours prior to shipment.
We will charge a 15% restocking fee for orders prepared, but not
picked up or cancelled in a timely manner. Plants in Design reserves
the right to refuse cancellations within 14 days before the ship date.
Prices - Prices are F.O.B. Miami, FL, unless stated otherwise,
and are subject to change without notice. Box charges are $2-$4 ea.
Shipping
- Plants are shipped by refrigerated truck whenever possible.
Alternative means of shipping include common carrier (whenever outside
temperatures make this possible) and airfreight. Plants in Design will
not guarantee an order shipped by means other than refrigerated
freight line. Special packaging is generally required for express
shipments.
Claims and Procedures
- Claims due to concealed shortage or improper plant variety must be
reported to us within 48 hours of delivery. Claims due to case
shortage, damage, delay, freezing, burning, or breakage, must be
listed on the bill of lading, and filed immediately with the carrier.
The carrier is solely responsible for claims of this nature. Please
also notify our nursery within 48 hours of receipt if damage has
resulted due to improper shipping. Multiple photographs illustrating
damaged plants are advisable.
