TERMS: Open accounts are payable net 30 days. If you do not have an established open account, our terms are Cash in Advance (CIA).
SALES TAX: Sales tax is applicable unless a resale certificate has been filed at Norman’s Nursery Inc. in San Gabriel, California.
CONDITIONS: This edition of our terms and conditions cancels all previous editions and quotations. Our material is for the WHOLESALE TRADE only. All prices are F.O.B. our nursery. PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE AND THE AVAILABILITY OF THE STOCK ON HAND AT THE TIME OF THE ORDER.
DELIVERY CRANE SERVICE: A minimum service charge may be assessed for deliveries. Standard out of state shipments are made by common carrier at the prevailing rate. Norman’s Nursery Inc. also offers its own in house crane service. The rate is $325 per hour. (1 hour minimum). Norman’s Nursery Inc. understands that certain unforeseen variables can result in waiting time at the delivery site. Therefore, one hour of stand by time is afforded to its customers free of charge. Any additional waiting time in excess of the initial one hour grace period will be billed at $75 per hour or fraction thereof. While our drivers are instructed to assist in off loading , it is the responsibility of the purchaser to arrange the necessary equipment and labor to off load.
RESTOCKING: Material returned or cancelled prior to a delivery may be subject to restocking fees. This fee covers costs of assembly, loading/off loading and delivery.
NON WARRANTY: Norman’s Nursery Inc. gives no warranty, expressed or implied, as to the variety of productivity of any nursery stock they sell. Any liability is limited to the purchase price. No liability is assumed by seller for delay or failure to delivery as a result of war, strikes, fires, floods, droughts, embargoes or any other contingencies beyond the seller’s control. If the purchaser does not accept the goods on these terms, they are to be returned to the seller at once. Norman’s Nursery Inc. accepts no responsibility, nor is it our practice to question the end use environment of material we sell as it relates to controlled nursery production environment. Plant materials are specified, ordered, and installed by licensed professionals who are qualified and paid to make these considerations.
CLAIMS: All claims for any cause must be made immediately upon receipt of goods. If an error has been made by us, please notify us promptly and we will make and adjustment. We do not guarantee plants to live once they leave our care and at no time will be responsible for more than the purchase price. We will not entertain claims that are filed after the goods have been accepted or which are not made within 7 days after arrival of the nursery stock.
PRELIMINARY LIEN NOTICE AND MATERIAL RELEASE: For the benefit of the customer and Norman’s Nursery we may request information as to owner, general contractor, and lender on all jobsites where applicable prior to delivery on all credit accounts. A material release will be issued upon customers request. Please make necessary arrangements with the CREDIT DEPARTMENT prior to shipment. If it becomes necessary to file a mechanics lien on a respective customers account Norman’s Nursery Inc. reserves the right to charge said customer two hundred ($200) dollars to cover such costs.
ENFORCED PAYMENTS: If Norman’s Nursery finds it necessary to file suit to enforce payment such suit may be brought in Los Angles County at Norman’s Nursery option including attorney and collection fees and interest at 1 ½ % per month on all amounts found to be due. Returned Checks will be charged a twenty five ($25) dollar service fee.
DEPOSITS: A minimum 25% deposit will be required on all tagged orders with a delivery date over 90 days. Deposits will be posted on account and deducted from final invoice.
MAINTENANCE: A 5% monthly maintenance fee with be charged to customer’s account for tagged order delayed past the scheduled delivery date.