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TERMS
All sales are on a cash basis,
unless credit has been approved. All credit is net 30 days from date of
invoice. Any account over 35 days will revert to a cash basis without
notice and a 1½% per month late fee will be automatically added to
account. No monthly billings are made. Please pay from invoice. We reserve
the right to cancel credit at any time.
CONTRACT PRODUCTION
Special items and
amounts require a 25% nonrefundable deposit against total material cost,
and must accompany any order for future deliveries, with a set delivery
date. The variety of material, amounts, container size, and method of
delivery will determine total cost. If the terms of the contract are not
met (a "default"), the deposit is forfeited, and the material is
returned to inventory.
DELAYS IN DELIVERY
If, for any reason
whatsoever, customer delays the shipping date, the cost incurred by
Windmill Farms for maintaining the material during said delay period will
automatically added to the account. Should said delay exceed 30 days
beyond the original delivery date, Windmill Farms shall have the option to
cancel the contract for a default, or continue to hold the material and
care for the same at the customers expense.
LIMIT OF LIABILITY
Windmill Farms exercises extreme care and caution to keep our stock true to name. Upon proof we
will replace all stock that may prove otherwise, or refund the amount
paid, at the option of Windmill Farms. However, if a refund is made, in no
event shall such refund be greater than the final contract price. Windmill
Farms assumes no liability for conditions beyond our control, and Windmill
Farms liability is limited to that set forth in this paragraph.
TAXES
Prices are subject to any and all
taxes which apply to each sales transaction. Where exemptions are allowed
for resale or tax-exempt entities, proper resale or tax-exempt
certificates must accompany the order, or be on file with Windmill Farms.
CLAIMS
All claims must be made upon receipt
of material. It is the customers responsibility to examine and count all
material upon receipt, and to note any problems on the invoice. Which
notation must be witnessed and signed by our driver. No claims for damage
or shortage will be honored unless this procedure is complied with. When
delivery is made through carriers other than our company truck, the
liability of Windmill Farms ceases when the material is delivered to that
carrier. Accordingly, Windmill farms is not responsible for claims related
to shortages or damaged material delivered by common carrier, and
therefore these claims must be filed with the common carrier.
BOXING
Customers will be charged $2.50 per
box. Each box packs 2 trays of 4 inch "Luxury Liner".
TRAY SIZE
Our 4 inch "Luxury Liner
" material is shipped in a 15 cavity tray. Tray sizes and plants per
cavity may vary on some varieties, in which event the customer will be
informed at the time the order is placed.
DELIVERIES
For deliveries, a minimum order
is $500.00. There will be a $50.00 charge per delivery per drop, and will
automatically added to the account. For deliveries outside a 150 mile
radius, freight charges will automatically be added to account.
SHIPPING
Orders under $500.00 will be
shipped U.P.S. ground service or Airfreight. Shipments are at the sole
expense and risk of the customer. The minimum order for shipping is one
plant variety per box. All shipments are sent C.O.D., and the cost thereof
paid by the customer.
COLLECTIONS
If collection of an account
becomes necessary, all costs thereof, including attorney's fees, will be
added to the account. It is agreed that venue for all actions will be
Highlands County, Florida.
DEMURRAGE
15% of invoice amount will be
automatically added to the account if adequate help is not furnished for
unloading material. |