Nursery Visits – All visits to nursery must be scheduled in advance and are subject to weather cancellation. Any person touring the farm must be accompanied by an employee from Hale & Hines.

American Standard for Nursery Stock – Hale & Hines Nursery, Inc. makes every effort to sell nursery stock which complies with the standards found in the most recent edition of the American Standard for Nursery Stock published by the ANLA (the “Standard”). The principle function of the Standard is to help buyers and sellers of nursery stock communicate with confidence by using a comprehensive and consistent set of measurement and specification nomenclature. Compliance with the Standard is an assurance that you receive nursery stock which is consistent and which has been measured, sized and prepared for shipment in the manner you expect.

Prices – Prices listed are for the nursery trade in the United States. All prices herein are F.O.B. Hale & Hines Nursery, Inc., McMinnville, TN. This list cancels any and all previous prices quoted or offered by us. Prices are subject to change without notice and, though we make every effort to publish our correct prices, we are not bound by any inadvertent clerical errors in the printing of our price lists or availability lists. In the case of B&B material, prices include machine balling, and burlapping in wire baskets, unless other noted.

Quotes – Quotes are based on availability as of the date quoted. Supply is not guaranteed beyond that date, and prices are subject to change without notice.

Order Policy – Orders booked are subject to being rendered void in whole or in part in the event of crop losses or lack of stock due to other causes over which we have no control. All orders are subject to acceptance by our office.

Ship dates on acknowledgements and/or confirmations are approximate dates on which the material ordered will be available for pickup or delivery. Although we make every effort to meet your requested ship date, it is impossible to guarantee shipping dates because of unpredictable weather, trucking availability and changing growing conditions.

Customers may tag or request us to specifically tag plant material in advance for pickup or delivery. Orders that are tagged will be help for no more than 60 days before being returned to inventory for sale. A non-refundable tagging fee of 10% will be added to any trees tagged by customer.

Custom dug orders for established customers must be picked up within 7 days of notification. If not, all future custom dug orders for that customer shall require full payment in advance of digging.

Custom dug orders for new customers require a 50% payment before digging will commence.

Quantity rates apply to quantities shipped per pickup or delivery, not per quantity ordered.

Cancellations – All orders cancelled after material is pulled for shipment shall be charged a 15% restocking fee.

Returns – Hale & Hines Nursery, Inc. reserves the right to accept no returns or exchanges because plant material is a perishable good and we have no control over the way it has been handles after it leaves our possession.

Pickups – We invite customers to pickup their own stock with an appointment. Our staff will load and tarp all orders. Please remember it is the responsibility of the customer at time of pickup to provide a tarp that is suitable to cover and protect the plants from windburn and excessive drying during transport.

Deliveries – Freight will be quoted to the customer based on the carrier’s prevailing rates and shall be payable upon delivery directly to the carrier unless other arrangements are made prior to shipping. All shipments travel at the purchaser’s risk and expense. We exercise great care in loading your order and our responsibility ceases when we deliver the goods to the common carrier. We are not responsible for delays or damages in transit. The trucker is responsible for the untarping of the plant material at the delivery site. Customers are responsible to provide labor and equipment, if necessary, for the actual unloading of all material in a timely manner. If unloading times exceeds 2 hours after the truck’s scheduled arrival time, the customer shall be charged demurrage at the rate of $50 per hour for every hour or part thereof over the 2 hours allotted.

Payment Options – All sales are on a prepay or COD basis unless credit arrangements have been made in advance. Cash, authorized business checks, debit cards, VISA and MasterCard are gladly accepted. American Express is also accepted with a 3% processing fee.

Credit Accounts – Customers wishing to establish credit with us must complete, sign and return our credit application for processing before credit can be considered. Credit applications not completely filled out or signed in all designated spaces will not be processed for terms. The length of time it takes to process an application depends upon the response time of the references given on the application. Credit is approved for only those customers with established verifiable credit records for prompt payments. For customers with approved credit, payment is due according to our terms.

Past Due Accounts – Accounts over 30 days past due or those with unpaid interest charges will revert to a strict C.O.D. basis. Accounts will be reviewed before credit can be reestablished. If an account is turned over to an attorney or agency for collection, purchaser agrees to pay all collection, attorney and court costs incurred by the Seller.

Returned Check Policy – A $30.00 service charge shall be made for all checks that are returned NSF, due to the charges we incur from our banking institution.

Limited Warranty – Nursery stock from Hale & Hines Nursery, Inc. has been inspected by the Tennessee Department of Agriculture Division of Plant Industry. Hale & Hines Nursery, Inc. expressly warrants that all plant material purchased will be true to name and healthy when it leaves the nursery. Hale & Hines Nursery, Inc. also holds itself in readiness on proper proof to replace all such nursery stock that may prove otherwise with a comparable plant or with plants of an equivalent value or to refund the amount originally received for said nursery stock at our discretion.

Hale & Hines Nursery, Inc. expressly disclaims any other warranty, expressed or implied, including, but not limited to, any warranty of merchantability, any warranty of fitness for intended use or particular use, any warranty as to productivity or growth, any warranty as to results secured in transplanting, any liability for delay or failure to deliver for any reason beyond our control, any liability for damage incurred as a result of transplanting or for any other consequential damages. This warranty does not cover plants that do not survive due to failure to provide normally accepted horticultural planting care and maintenance. This warranty also does not cover any plant material which the customer request to be dug even though they have been advised that it is considered to be a hazardous dig.

Claims – All claims must be made in writing within 10 days after receipt of the stock. Failure to present such claim within said 10 days shall constitute a waiver of such claim. All claims are subject to management approval.

Claims regarding incorrect count or breakage will receive consideration only when made in writing on the bill of lading or customer invoice and signed by the customer and common carrier driver at time of delivery. A call must also be made by the customer to the nursery at the time of delivery to inform us of any claims. Damaged plants must be returned to the nursery if credit is desired. If the driver or common carrier cannot accept the nursery stock to be returned because of his routing schedule, a call must be made to the nursery at the time of delivery for instructions regarding the stock to be returned.

Claims regarding non-viable plants and any other requests for adjustments that cannot be attested to by the driver or common carrier will receive consideration only when made in writing accompanied by color photos immediately following delivery. We also reserve the right to inspect the plants subject to the claim. A call must also be made by the customer to the nursery at the time of delivery to inform us of the circumstances. Failure to comply with he above procedure shall void any claims for credit or refund.

We shall in no case be liable for any sum greater than the amount originally received for said nursery stock.

Choice of Law Forum – The Buyer and Seller hereto agree that this contract is made in Tennessee and shall be governed under Tennessee law. Further, venue for any action pertaining to a sale made under this contact shall be venued in Warren County, TN.

Acceptance: Conflict of Terms – Acceptance of the delivery of the plant material shall constitute Buyer’s agreement to the terms and/or conditions set forth in this document. Notwithstanding any provisions therein to the contrary, no terms and/or conditions in Buyer’s purchase order, acknowledgement form, confirmation, or contained in any other document of the Buyer which conflict with the terms and conditions herein, or increase Seller’s obligation hereunder, shall be binding on the Seller unless specifically identified and accepted in writing by an executive officer of the Seller, and, until such acceptance is given in writing, any such terms and/or conditions are rejected and of no effect.