Coles Nurseries, Inc.

CONDITIONS OF SALE

Price and Availability
This list cancels all previous quotes and is subject to change without notice. All prices are F.O.B. our nursery in Lahaska, PA. The availability of plant material is also subject to change without notice.

Terms of Payment
To those with an established record of prompt payment or with satisfactory references, we will gladly extend our regular terms of Net 30 days from date of invoice. All first time orders are C.O.D. If your unpaid balance extends to 60 days, we reserve the right to withhold any additional plant material until the unpaid balance is cleared. Overdue accounts are subject to a 1% per month service charge. All checks must include a valid driver license ID number.

Acknowledgment of Order
Acknowledgment orders shall be subject to crop and labor conditions. We reserve the right to cancel a portion or all of the material in the event of crop loss, incorrect count, quantity limitations, freezing, drought, or any acts of nature, etc.

Cancellations
Any cancellation shall be made in writing to be binding. They must be received within reasonable time or before an expected digging date. No cancellation will be accepted after the stock has been dug or assembled.

Claims
We take much care in shipping quality nursery stock. All claims for damaged or unsatisfactory material must be made in writing within ten days upon receipt of material. Coles Nurseries' liability shall be limited to the purchase price of said nursery stock.

Guarantee
We pride ourselves on providing nursery stock which is true to name or variety. Should a portion of the stock prove otherwise, we will exchange that portion free of charge or refund paid such portions. We express no warranty as to the productiveness or life of any stock after it has left our nursery.

Tagging
For those customers wishing to select their own material, there will be a 5% tagging charge added to the cost of the plant. We request that the customer supply a waterproof name tag.

Shipping
For our customers convenience, we can arrange delivery on our own fleet of trucks. If you have any specific instructions to make the delivery process go smoothly, please advise our office. Delivery charges are not subject to any discounts and will be collected by the driver at the time of delivery.

Pick-Up Orders
We will notify all customers by phone when their orders are ready for pick-up. We will not be responsible for the condition of any plant material not picked up within seven days of notification. It will be the customers responsibility to provide a suitable cover to protect the material during transit. We request that you call our office and schedule a suitable time for pick-up of your material. Material may be picked-up between 7:30-4:00 Monday-Friday during the Spring and Fall seasons and 7:30-3:00 Monday-Friday during June, July, and August.

Sales Tax
As required by the state of PA we are responsible to collect 6% sales/use tax on all plant material sold unless we have been provided with a valid sales and use tax exemption certificate. All orders delivered out of state are exempt from sales tax. Out of state sales are subject to PA sales tax if the customer picks up the plant material unless we are provided with a valid exemption certificate. Certificate must be on file in our office prior to the sale.

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