VOLUME DISCOUNT POLICY:

PRICES: All prices are F.O.B. William Richards Nursery (WRN), Gresham, Oregon. Prices intended for the wholesale trade only and cancel all previous quotations. Prices are subject to change without notice. VISA, MasterCard and check are accepted forms of payment. A $25 fee will be assessed for any returned check. All prices are F.O.B. William Richards Nursery (WRN), . Prices intended for the wholesale trade only and cancel all previous quotations. Prices are subject to change without notice. VISA, MasterCard and check are accepted forms of payment. A $25 fee will be assessed for any returned check.

TERMS: For established accounts, terms are net 30 days of shipment. Past due accounts are subject to a service charge on the unpaid balance at a rate of 1 1/2% per month or 18% annually, as well as loss of any discounts or rebates previously earned. New customers are required to submit a 10% deposit upon acknowledgment of order. Payment is mandatory prior to shipping until credit terms are issued. To establish credit terms, please contact the WRN office for a credit application, WRN will notify you once terms have been established.

WARRANTIES & SELLERS LIABILITY: Seller warrants that its plant materials are of the varieties true to name as described in this acknowledgement. Upon proof to seller’s satisfaction that the plant material delivered to buyer are not of varieties described in the acknowledgement, seller, at its discretion, will either replace such plant materials or refund the portion of the original purchase price that related to such plant materials. Any claims concerning plant materials must be submitted by buyer in writing to seller within 15 days of receipt of plant materials accompanied by a detailed listing of problems with the plants. This warranty does not apply to plant material damaged or injured during shipments on contracted carriers, or due to buyer’s negligence, improper care, unreasonable use or abuse. Under no circumstances shall seller be liable for any amount greater than that of the original purchase price. The forgoing warranty is in lieu of all other warranties, expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Replacement of the purchased plant material F.O.B. at the place where seller originally sold to buyer, or refund of the original purchase price, at seller’s option, is buyers exchange remedy under this warranty, and in no case shall seller be responsible for the consequential or special damages, regardless of whether the problems or defects are discoverable or latent.

CONTINGENCIES: This order acknowledgement and sellers liability hereunder is subject to sellers crop growing conditions and is made with the understanding that orders may be voided or modified by seller should seller be unable to perform any terms or conditions of this acknowledgement due to the following: any and all weather conditions including but not limited to drought, flood, fire, frost and hail, errors in count, labor problems, crop failure, pestilence, war, embargo, government regulations or restrictions of any and all kind expropriation of condemnation of property by government authority, interruption of or delay in transportation, accidents, explosions, inability to obtain material and supplies, excess of demand for equipment over available supply and any other causes within or beyond the sellers control. Seller reserves the right without notice to buyer to substitute the closest possible size at seller’s current corresponding price of plant material in stock if seller is unable to furnish size ordered by buyer.

CANCELLATIONS: All cancellations must be submitted in writing before December 30th. A 30% restocking fee will be charged for material cancelled after December 30th.

MAINTENANCE FEES: All plant material is scheduled to be shipped by April 30th. A 15% maintenance fee for the first month will be charged. An additional 5% per month will be charged thereafter for each additional month. If there is no communication concerning shipping of an order, by June 1st, the order becomes void, and is subject to a restocking fee and the product becomes available for open sale.

FREIGHT & SHIPPING: Unless specific shipping instructions are given, WRN will pool or combine your order with others in your area. All freight is shipped COD, payable to the freight company, unless special arrangements have been made by the customer directly with the freight company.

RISK OF LOSS OR DAMAGE: All risk of loss or damage of the plant material shall be on buyer from and after delivery to a carrier or to buyer, whichever delivery occurs first, and such loss shall not relieve buyer from any obligations.

TAXES: Prices listed on this acknowledgement do not include federal, state or local taxes, which shall be paid by the buyer.

DEFAULT AND REMEDIES: Time is of the essence of this acknowledgement. If buyer becomes insolvent, fails to make any payment within the time required, or fails to perform any other obligation imposed by this acknowledgement or by law, buyer shall be in default and seller may immediately enforce any and all remedies provided by law.

COST AND ATTORNEY FEES: In the event suit of action is instated to enforce any of the terms of this acknowledgement, the prevailing party shall be entitled to recover from the other party such sums as the court may adjudge reasonable as attorneys fees at trial or an appeal of such. In addition to all other sums provided by law including fees incurred from collection agencies.