prices offered by us. All prices are F.O.B. Smithville, Tennessee. Prices are based on present market conditions and are subject to change without notice. Terms: All orders are C.O.D. unless other arrangements have been made. To those who have established credit with us, our terms are NET 30 DAYS. All accounts over 30 days are subject to a service charge of 1.5% per month (18% annually) plus cost of collection. Claims: Claims of any nature must be made in writing within 10 days after receipt of stock and all unsatisfactory or rejected goods held for our advice or disposition. If a shipment is damaged upon arrival, secure proper notation on freight bill and file a claim with carrier. Liability: We exercise the greatest care to keep our varieties true to name and in good condition at the time of shipment, but we assume no responsibility after such stock leaves our nursery. It is mutually agreed that our total liability for any errors or other causees shall be limited upon satisfactory proof to free replacement or refund of purchase price. We accept all orders subject to prior sales of stock and crop conditions. Orders shall be void should injury befall our stock from flood, drought, hail, fire, frost, freeze, error in count or other causes beyond our control. The parties hereto agree any dispute arising out of the sale of these goods shall be arbitrated exclusively in the Chancery Court of Dekalb County, Tennessee, and the State of Tennessee shall be the forum of any and all litigation that may arise from any sale of goods by the seller. |