Beaver Brook Nursery Terms & Conditions
Prices are in U.S. Dollars, are based on present market conditions, and are subject to change without notice. All prices are F.O.B. Sussex, NJ. 50% deposit required at the time of ordering. Balance due prior to shipping or at pickup.
Any cancellation or reduction by customer in quantity ordered must be made in writing. Orders for nursery stock cancelled in whole or in part will be billed a 25% cancellation charge. Orders may be cancelled by Beaver Brook Nursery LLC due to late payments.
Nursery stock orders are automatically cancelled if stock is unavailable in the season for which the order is placed.
Our nursery stock cannot be returned without the express written permission of Beaver Brook Nursery LLC. In all cases goods cannot be returned after they have been accepted, processed, improperly stored, planted, or otherwise treated, modified or used in any way.
As is customary in the nursery trade, nursery stock is sold “as is” without warranty, express or implied, as to quality, variety, description, productiveness, merchantability or results secured in planting or transplanting. All nursery stock is offered for sale subject to crop yield and prior sale.
We reserve the right to prorate or cancel any order, in whole or in part, because of: strikes, labor shortages, fire, frost, flood, drought, disease, casualty, errors in count, spoilage, or other circumstances beyond our control.
If Beaver Brook Nursery LLC is unable to furnish the size or grade of plant material ordered by the Buyer, Beaver Brook Nursery LLC reserves the right, without notice to Buyer, to supply the closest available size or grade at the current corresponding price, unless the Buyer’s order or order acknowledgment has noted upon it “NO SUBSTITUTIONS”.
Any taxes arising from the purchase, use or resale of the goods, such as sales tax, or any other local tax, are the responsibility of the Buyer. Sales Tax will be collected on all sales in NJ unless a tax exempt form is filed.
Beaver Brook Nursery LLC’s maximum liability, whether contractual or negligence or otherwise, is limited in amount to the amount paid to Beaver Brook Nursery LLC for the purchase of the nursery stock under all circumstances and regardless of the nature, cause or extent of the loss.
All nursery stock is shipped at Buyer’s risk and expense from Sussex, NJ. We charge for packing materials and shipping. Rates are based upon order value and/or stock weight/volume. Unless given specific instructions we will ship by the method we think best.
Nursery stock is perishable. All shipments should be immediately and carefully unpacked and inspected on arrival and then placed in proper storage. Any problems with the condition or quality or quantity of goods received should be brought to our attention immediately.
Claims for any cause must be made in writing within 5 days after arrival of goods, a period of time which is expressly agreed to be reasonable. If Buyer does not give such notice, Buyer agrees to have irrevocably and unconditionally accepted the goods. Beaver Brook Nursery LLC furthermore will not consider any claim after nursery stock has been processed, improperly stored, planted, or otherwise treated, modified or used in any way. Claims for losses while goods are in transit must be filed directly with the carrier.
In the event that any part of these terms and conditions of sale is held to be illegal or unenforceable in any jurisdiction, the other parts shall nonetheless remain in full force and effect.
These terms and conditions of sale may not be changed or amended except by written agreement signed by an officer of Beaver Brook Nursery LLC. By acceptance of the nursery stock, the buyer acknowledges that the limitations and disclaimers herein described are the conditions of sale and that they constitute the entire agreement between buyer and seller.