BUSINESS TERMS
BUSINESS TERMS 2010-2011 Please Send Checks to: Grimes Horticulture
PAYMENT TERMS & CREDIT Customers who prefer to establish credit terms must complete a credit application form in its entirety. Payment terms are Net 30 from invoice date for those customers with open account status. Checks, Visa, American Express, Mastercard, Discover credit cards and check by phone are accepted. Sorry—no COD’s. For shipments outside the U.S. or Canada, orders must be prepaid or a letter of credit may be required.
PAST DUE / FINANCE CHARGES / LATE FEES A finance charge of 2% per month will be assessed on all invoices not paid by the due date. If an account is turned over to an outside collection agency, accounts will be charged for all costs incurred to collect the debt, including legal and collection fees. A charge of $50.00 will be added for any check returned by the bank.
PRICES New prices are effective June 1, 2010. All prices are subject to change without notice. Prices are quoted in U.S. funds.
FREIGHT/SHIPPING We will use the most efficient method unless otherwise specified.
SEEDS: All seed shipments are $3.29 for freight regardless of order size within the continental U.S. using our standard delivery methods. Special delivery circumstances may require an additional charge. All back-ordered seed shipments are freight free.
PLUGS, PLANTS, BULBS, SOIL, SUPPLIES & TAGS: Shipping charges, including boxing and handling, will be added to the customer’s invoice unless specified otherwise. Additional expenses for winter packing or special handling may require an additional charge.
MINIMUM ORDER QUANTITIES SEEDS: There are no minimums on seed orders.
SOIL, SUPPLIES, PLANTS & PLUGS: These items are subject to established grower minimums. TAGS: A $50 minimum per shipment has been established by our suppliers.
SUBSTITUTIONS All items are offered subject to availability. We will substitute as necessary to complete orders, unless you specifically request "no substitutions".
VARIANCES Seed performance that varies from expectation must be reported to Grimes no later than one week from the date the variance should have become obvious. Plant shipments that vary from expectation upon arrival must be reported to Grimes within 24 hours of delivery. Claims over $100 require pictures.
ORDER RETURNS, CHANGES, CANCELLATIONS We will not accept returns due to customer error in ordering. All returns, cancellations, and order changes within 30 days prior to shipment may include a $50.00 processing fee. Returns will not be accepted without authorization and will be returned to you. To obtain authorization, please call your sales representative.
SEEDS: We accept seed returns only under the following conditions: 1) Seed must be returned within 14 days of the ship date in the same condition as received, 2) No "opened" seed packages will be accepted for return, 3) No "special ordered" seed will be accepted for return. Special orders include seed not normally carried in our inventory in the variety or quantity requested, 4) No "primed" seed will be accepted for return. 5) All seed returned is subject to a minimum 25% restocking charge.
PLANTS: Since plants are custom grown to order, no cancellations will be accepted once production has begun. All plant problems must be communicated to us within 24 hours of delivery.
TAGS: If adjustments need to be made, they must be made within 30 days of receipt of the supplies. All returns will be charged a 25% restocking fee. Freight charges on returned items will not be credited. Tags returned due to an error on our part or that of our supplier will be given appropriate credit, subject to merchandise being returned in proper condition.
PHYTOSANITARY CERTIFICATES Charges for any government-required plant inspections will be added to the customer’s invoice.
WARRANTY/DISCLAIMER We warrant, to the extent of the purchase price, that seeds, plants, supplies and bulbs sold have been labeled as required by state and federal laws, and that the contents are consistent with the crop description. Due the skill and facility variations of our customers that are out of our control, we make no guarantee that a grower will achieve the tested level of germination as stated on our seed packets.
Grimes Horticulture, Inc., makes every attempt to insure that your order arrives on time and in satisfactory condition. However, we cannot be held responsible for situations which are outside our control, such as weather-related delays, frozen plants, etc. We make no warranty of merchantability and fitness, either expressed or implied. Seller's liability is limited in the amount to the purchase price of such goods, regardless of nature, cause or extent of any loss. In no event should the seller be liable for incidental, consequential or special damages for loss of crops or profit.
GARDEN LEADER GUARANTEE The Garden Leader guarantee is a full purchase price money back guarantee to consumers. This guarantee covers the failure of a plant to grow as expected and labeled.
If your customer is not
satisfied with the growth and garden performance of a Garden Leader variety, have them simply return the original purchase receipt showing date of purchase, place of purchase, price paid, Garden Leader tag and reason for expectation not being met. We will accept their guarantee claims at the end of the growing season. Guarantees are not accepted until October 15th, of the current year. Grimes will take care of all details and funding of the guarantee, not our Grimes grower customers. Consumer customers of yours should send these requests to:
Grimes Horticulture, Inc. 11335 Concord-Hambden Road Concord, OH 44077 Attn: Garden Leader Guarantee
This guarantee covers failure of plants to grow as expected, but does not cover plants which have to been subject to any form of neglect, including but not limited to: excess watering, spray damage, failure to water in drought conditions, failure to plant in right climate zone, etc. This guarantee applies to residential use only. We expect the consumer to follow the basic care instructions found on the Garden Leader tag. We reserve the right to request the return of the plants at our cost for cultural evaluations. Limit per household is $25.00. This guarantee does not cover commercial landscapes or commercial usage.
CULTURE AND CROP-TIME INFORMATION Growing information only represents general guidelines. Since the conditions in which your plants are grown are outside of our control, we cannot take responsibility for crop performance and results.
MANDATORY ARBITRATION Any claim which purchaser may have against seller arising of or relating to the sale of merchandise shall be settled by binding arbitration in accordance with the commercial arbitration association, said arbitration to be venued in Lake County, Ohio. Purchaser should contact the State Department of Agriculture for information. Typically, a complaint must be filed in time to permit inspection of the seed, crops, or plants. A copy of the complaint must be sent to Seller by registered or certified mail.
GOVERNING LAW, JURISDICTION, AND VENUE Any dispute not subject to arbitration and any action to enforce an arbitration award arising out of or relating to the sale of merchandise hereunder shall be maintained in the state or federal courts located in Lake or Cuyahoga Counties, Ohio.
JURISDICTION RIGHTS Grimes Horticulture, Inc. reserves the right of jurisdiction. In any event that legal measures become necessary, all court proceedings shall be held in Lake County, Ohio.
LIMITATIONS This is a wholesale catalog and the products contained herein are intended for commercial growers only.
GRIMES TRADEMARKS AND COPYRIGHTS ARE PROTECTED Grimes Horticulture reserves the legal right to protect all of our brand names against use by any other companies throughout the horticulture industry. We will not permit the use of our branded names on any other seed or cutting propagated varieties or in any other classes. Any use of our brand names must have the expressed written consent of Grimes Horticulture.
Grower Help 119
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90 |
Page 91 |
Page 92 |
Page 93 |
Page 94 |
Page 95 |
Page 96 |
Page 97 |
Page 98 |
Page 99 |
Page 100 |
Page 101 |
Page 102 |
Page 103 |
Page 104 |
Page 105 |
Page 106 |
Page 107 |
Page 108 |
Page 109 |
Page 110 |
Page 111 |
Page 112 |
Page 113 |
Page 114 |
Page 115 |
Page 116 |
Page 117 |
Page 118 |
Page 119 |
Page 120 |
Page 121 |
Page 122 |
Page 123 |
Page 124 |
Page 125 |
Page 126 |
Page 127 |
Page 128