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Millican Nurseries, Inc.

Terms and Conditions

CONDITIONS OF SALE:

All prices are effective January 1st of the current year and cancel all previous prices. Prices are subject to change without notice.

QUALIFICATIONS FOR WHOLESALE PURCHASING:

Millican Nurseries Inc. will sell only to the trade at wholesale prices. Those qualifying for wholesale include businesses selling, growing or installing nursery stock and county, state or federal agencies. For your protection, your customers will be admitted to the nursery only when accompanied by a representative of your firm.

HOW TO ORDER AND PURCHASE MATERIAL:

Orders should be phoned, faxed or E-mailed to insure availability. If an order is not placed prior to visiting the nursery, availability will need to be checked before material can be purchased. When you order plant material we remove it from our inventory, making it unavailable to others. A member of our staff will then tag the material for you. If you would like to be at the nursery to tag the material yourself, please call to make an appointment.

ORDERING POLICY:

Due to the increasing number of orders being held for future jobs, we have revised out holing policy. We have always tried to meet the needs of our customers by holding material for them, but with increasing water restrictions and cancellations we need to make a change.

We will hold plant material on a sales order for up to 30 days. If material is going to be held for longer than 30 days, a 25% non-refundable deposit will be required. An automatic 5% maintenance fee will be added per month beyond 30 days. If a deposit is not received, after 30 days your material will be released for sale and a 15% restocking fee will be assessed.

All SPECIAL ORDER material will require a 50% non-refundable deposit prior to being ordered. Once the material arrives at our nursery it must be picked up or delivered within 7 days. After 7 days, without prior arrangements, any SPECIAL ORDER material will be released for sale and the deposit shall be forfeited.

TAGGING AUTHORIZATION:

Only individuals employed or authorized by your company may tag plant material on your behalf. A signed tagging authorization form listing the people you elect to tag for your company must be on file before we will allow them to tag plant material on your behalf. Your company will be responsible for all plant material tagged by those individuals you have authorized to tag on your behalf.

Under no circumstances will we allow your clients to visit the nursery or to tag plant material on your behalf. An authorized representative of your company must be present.

RETURN POLICY:

It is our policy not to accept returned items. Under special circumstances, some items may be accepted for return, but a 15% restocking fee will be charged. No returned plant material will be accepted after 48 hours of the sale under any conditions.

CANCELLATION POLICY:

Cancelled items or orders within 30 days will incur a 15% restocking/un-tagging fee. Items or orders cancelled after 30 days will incur a 25% restocking/un-tagging fee.

TERMS:

We accept Cash, Visa, Discover, MasterCard and company checks with proper identification. A $25 fee will be charged for any returned check. For customers with established credit, and a record of prompt payment, the following terms are extended: invoices are payable in full 30 days from the date of invoice. A charge of 1 1/2% per month will be added to unpaid balances after 30 days without exception. The purchaser agrees to pay all costs of collection including reasonable attorney fees. First year customers are COD.

GUARANTEE:

All plants are guaranteed to be healthy and true to name upon leaving the nursery. There is no warranty as to the productiveness of the stock or for problems resulting from transplanting. Claims must be brought to our attention within 48 hours. No claims will be considered on past due accounts or to anyone except the original purchaser. We accept no responsibility for guarantees our customers give to their customers. In all cases, the original prices shall be the maximum damages to which the purchaser is entitled, and will consist of credit, or replacement of the stock at our discretion.

Customers who are picking up their own plant material must supply their own tarps or truck covers to prevent drying out of plant material. No claims will be considered, if nursery stock is transported without adequate protection. We reserve the right to refuse loading material into inappropriate vehicles. This includes putting B&B material into cars, vans and SUV's.

CHILDREN AND ANIMALS:

We like both but neither belong in a busy wholesale nursery yard. If you do bring a child with you, he or she must be hand held while in the nursery. Dogs are not allowed.

NATIVES AND IMPROVED CULTIVARS:

With more landscapes moving towards the use of native species we have decided to note in our catalog those varieties we believe to be indigenous to New England. We have labeled each variety with native or improved natives for cultivars/hybrids of the species. Our information has been sourced from several listings and notes species native to New England over the past 200 plus years. Please understand that this is our best attempt to list what we believe to be native. While some experts may disagree, our determination of native status reflects that of the USDA.

HARDINESS AND MATURE SIZE:

In quoting hardiness and mature size, we have utilized the Manual of Woody Landscape Plants, sixth edition by Professor Michael Dirr and information from nursery growers throughout the U.S. Both hardiness and mature size can vary according to planting conditions, winter severity, etc.

This information is intended only as a guide.

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