Drakes Crossing NurseryDrakes Crossing Nursery

Terms & Conditions

Shortages of Acknowledged Nursery Stock In the event of destruction or injury of ordered nursery stock (here in after referred to as Stock) due to fire, weather condition or error in field inventory, Seller retains the right to prorate all or a portion of Seller’s Stock between existing orders at Seller’s discretion.

Right of Inspection Buyer shall have the right to inspect the goods before paying for or accepting them.

Risk of Loss Risk of loss shall pass to the Buyer upon receipt of the Stock to Buyer or Buyer’s carrier (i.e. FedEx) at Seller’s address.

Disclaimer of Warranties Seller warrants that the Stock is as described herein or in Seller’s catalog, but NO OTHER WARRANTY, EXPRESS OR IMPLIED INCLUDING ANY WARRANTY OF MERCHANT-ABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE IS MADE IN RESPECT TO THE STOCK. If any sample is shown to buyer, such sample was used merely to illustrate the general type of stock.

Stock as Collateral Buyer hereby grants to Seller a security interest in the stock described herein to secure payments.

Remedies Buyer and Seller shall have all remedies afforded each by the Uniform Commercial Code.

Claims Claims must be filed within seven (7) days after receipt of shipment or shipment will be deemed satisfactory. Buyer agrees to file claims against the carrier for any stock damaged in transit. In other instances, Seller shall not be responsible for more than the purchased price of stock.

Time for Bringing Action Any action for breach of this contract must be commenced within one (1) year after the cause of action has accrued.

Applicable Law This agreement shall be governed by the Uniform Commercial Code. Whenever the term “Uniform Commercial Code” is used, it shall be construed as meaning the Uniform Commercial Code as adopted in the State of Oregon as effective and in force on the date of the acceptance of these conditions.

Conflicting Terms Seller is not bound by any terms on Buyer’s order blanks which attempt to impose any conditions at variance with Seller’s terms and conditions of sale which are included herein or stated on Seller’s packages, invoices and technical data sheets. Seller’s failure to object to provisions contained in the aforementioned forms shall not be deemed a waiver of the provisions of the Seller’s terms and conditions which shall constitute the entire contract between the parties.