Drakes Crossing NurseryDrakes Crossing Nursery

Terms & Conditions

TERMS

A 25% deposit and signed confirmation are required to secure all orders. Orders placed but not secured with a 25% deposit and signed confirmation by February 1st will automatically be cancelled. Order placed after February 1st must be paid for in full within 10 days.

Remaining balance due at time of pickup/shipment unless terms have been established. Accounts not paid within 30 days will be charged 2% monthly.

All accepted orders not picked up or paid for in full by March 1 of the current harvest year, will be subject to a 25% cancelation fee and the seedlings will be released to other customer on the wait list.

All credit card charges over a $1,000.00 will be charged a 4% fee.

CONFIRMATION COMMITMENT

A customer’s signature on a confirmation implies that the customer agrees with the order as stated and the terms listed on the confirmation. The deposit covers the costs associated with Order prep, Digging, Sorting, Bagging and Storing seedlings. If a cancelation is made after February 1st, the deposit will be applied to the harvest process.

RATES

Mandatory minimum order of 100 per species.

Orders must be placed in multiples of 100 per species.

100-499 per species at 100 rate

500-1,000 per species at 1,000 rate

DIGGING DATES (Weather Permitting)

WINTER DECEMBER 15 - MARCH 15

DIGGING IS WEATHER PERMITTING. WE ONLY DIG SEEDLINGS WHEN THE CONDITIONS ARE FAVORABLE TO SEEDLING HEALTH. SNOW OR TOO MUCH RAIN WILL HALT THE DIGGING PROCESS.

ORDER PICKUP/SHIPMENT

Since digging dates are weather permitting, please call one week prior to your intended order pickup / shipment date. This will insure we have product available in cold storage ready for pickup or shipment.

**Please remember that you must call us, we do not call customers when we have product ready. Shipments will not be shipped without verbal confirmation of the preferred shipment date.**

PACKING

Orders are packed for pickup f.o.b. our nursery. Orders to be shipped FedEx will be charged $5.00 per package plus shipping charges. Orders shipped by pallet will be charged $80.00 per pallet plus shipping charges.

STORAGE

We have cold storage facilities. Orders will be packed and placed in cold storage.

Call today to set up a farm visit or to learn more about our farm operations. With more than 1,000 acres and superior seed sources from our nursery, Drakes Crossing has built a reputation of supplying the highest quality seedlings.

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.