TERMS OF SALE: Ironwood Unlimited, Inc. (dba El Nativo Growers), “the Company”, terms of sale are C.O.D. unless buyer has obtained prior credit approval from the Company. For C.O.D. customers, payment is required before or at the time of the delivery or will call. Buyer assumes ownership and responsibility of goods at the time of the delivery or will call; however, the Company retains a vendor’s interest in all goods until such items have been paid for in full. All late accounts will be charged a finance charge of 1.5% per month (18% per year) and will be subject to collection and/or attorney fees.
NON-WARRANTY, NON-GUARANTEE: El Nativo Growers gives no warranty, expressed or implied, as to variety, description, productivity, merchantability or results secured in planting or transplanting of the nursery stock it sells. No liability is assumed for delay or failure to deliver caused by strikes, fire, frost, flood, drought, disease, embargoes, or any other circumstances or contingencies beyond the Company’s control. Limitation of Liability: El Nativo Growers maximum liability is limited to the amount paid to El Nativo Growers for the purchase of the nursery stock under all circumstances and regardless of the nature, cause, or extent of the loss.
RECEIVING & ACCEPTANCE: Nursery stock is perishable. All shipments should be inspected immediately upon arrival and then placed in proper storage. Any problems with the condition, quality, or quantity of stock shipped should be brought to the driver’s attention immediately.
ADJUSTMENTS & CLAIMS: Claims for any cause including errors involving variance in grade, type, variety, species, and damages in route must be made in writing within 3 days after arrival of goods, which is a period of time agreed to be reasonable. Claims of losses from third party transportation must be filed directly with the carrier. If Buyer does not give such notice, Buyer agrees to have irrevocably and unconditionally accepted the goods. El Nativo Growers will not consider any claim, regardless of the date of notification, after plant stock has been processed, improperly stored, planted, or otherwise treated, modified, or used in any way.
RETURNS: A 15% restocking fee and return freight charges, as applicable, will be charged for items that are returned. A 35% restocking fee and return freight charges, as applicable, will be charged on material that had been approved prior to delivery by physical inspection or photographic submittal. Material must be returned in the same condition in which it was received or will not be accepted. The Company makes the sole determination if material is eligible for return.