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Terms & Conditions of Sale
STANDARDIZED PLANT NAMES have been used as far as practical in this price lst.
ORDERS are booked subject to crop growing conditions and the understanding that orders shall
be void should injury befall the stock from drought, flood, fire, frost, hail, errors in count or other
cause beyond our control.
PRICES are based on current market conditions and subject to change without notice. All prices
are F.O.B. McMinnville, Tennessee. There will be a 20% additional charge on plants dug in the
summer and total invoice to be paid on or before delivery.
TERMS – To those who have established credit with us, payment is net 30 days. To unknown
parties, cash security or satisfactory reference is required. Overdue accounts are subject to a service
charge of 1 1/2% a month. The parties hereto agree that any dispute arising out of the sale of these
goods shall be arbitrated exclusively in the Chancery court for Warren County, Tennessee, and the
State of Tennessee shall be the forum for any and all litigation that may arise from any sale of goods
by the seller. Either party not prevailing in such actions shall be liable to the prevailing party for
reasonable attorney fees.
CLAIMS for any cause must be made promptly upon receipt of stock. We will not honor claims
after goods have been accepted, or when report is not made within ten days after arrival.
SHIPPING INSTRUCTIONS – Please give shipping instructions to Little Creek at the time of
your order. If your order is to be shipped by motor freight, please give us the delivering carrier. If no
instructions are given, we will ship to the best of our judgment without assuming responsibility.
FREIGHT is due on delivery. Unless any previous arrangements are made before shipment,
payment is to be made on arrival for freight on all truck or partial truck loads. We have contacts with
independent truckers who will deliver your stock on a mileage basis at a reasonable price. Trailer
trucks can haul approximately 40,000 pounds, while straight job trucks will haul approximately
16,000 pounds. All stock travels at the purchaser’s risk and expense. All customers are responsible
for unloading their order.
LIABILITY – Little Creek Nursery prides itself in exercising the greatest of care in keeping
varieties true to name. However, we give no warranty either expressed or implied, as to description,
productiveness, or any other matter of the nursery stock we sell. It is mutually agreed that our
liability for any errors or other causes is confined to replacement or refund not to exceed the original
purchase price of the plant. We accept all orders subject to prior sales of stock and crop conditions.
Orders shall be void should injury befall our stock from hail, frost, fire, error in count or other causes
beyond our control. All orders are accepted without liability for non-performance if labor shortages
or delay in transportation should prevent us from making delivery.
OUR STOCK – We grade liberally in accordance with the horticultural standards adopted by the
American Association of Nurserymen. We accept all orders subject to prior sales of stock and crop
conditions.
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