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TERMS AND CONDITIONS OF SALE
1. By placing orders, verbal or written, buyers are considered to agree with these terms and conditions. Purchase orders received will be considered to agree with these terms and waive the conditions on the purchase order.
2. Deliveries on orders are not guaranteed against crop failure, fire, flood, frost, or other conditions beyond our control.
3. We reserve the right to omit any part of an order should unexpected and unavoidable crop shortages occur. When this occurs we will contact purchaser in order to substitute equal variety, or better, unless Purchaser indicate otherwise.
4. All prices are in US dollars. F.O.B. our warehouse in Independence, OR.
5. Title to merchandise passes to Buyer upon delivery by Seller into hand of carrier at point of shipment. Mak Lilies & Perennials, Inc. Is not responsible for loss, damage, or delay in transit via public or private carrier. All claims must be made with the carrier.
6. Customers must inspect shipments on arrival and notify Seller by telephone or fax within 24 hours of receipt for any claims relating to defective goods or non-conformance to order. To obtain credit, Mak Lilies & Perennials, Inc. must receive written notice of claimed defect, or non-conformance within 15 working days of Buyer's receipt of goods. All goods subject to credit request must be held and made available for inspection by Mak Lilies & Perennials, Inc... or it's agent.
7. We guarantee our bulbs and plants to be of top quality in accordance to industry standards and true to name. We do not guarantee productiveness for loss in the garden for conditions beyond our control or bulbs subjected to forcing conditions.
8. A finance charge will be applied to all credit account balances more than 30 days old from date of invoice. The finance charge shall be computed at a periodic rate of 1.5% per month for an annual rate of 18%. Seller has the option of declaring any account immediately due and payable when any account balance is more than 60 days old.
9. We reserve the right to refuse shipments to accounts over 30 days old or to place such accounts on a C.O.D. basis. Such accounts will remain C.O.D. until their balance is paid in full.
10. Past due accounts may be referred to professional collection or legal services. Any collection or legal fees associated with the collection of delinquent accounts will be added to the balance of that account, and purchaser agrees to be responsible for any such added charges as may be incurred in the collection of past due account.
11. Regardless of place of performance, the laws of the State of Oregon will govern this transaction.
12. Parties agree that the courts of the State of Oregon will have jurisdiction over this transaction.