The terms set forth below are the sole terms for the sale of goods and services by Spring Meadow Nursery Inc. unless otherwise specified in writing. Any contract made for the sale of goods and services by Spring Meadow Nursery Inc. is expressly conditional on Buyer’s assent to the terms stated herein. Notification of objection to any additional or inconsistent terms is hereby given to the Buyer.

Prices

All prices are F.O.B. Grand Haven Michigan. All future orders will be confirmed immediately and are subject to prices at the time of shipment. Prices are subject to change without notice.

Minimum Order

Our minimum order is 1 tray of a cultivar and a total order of not less than 15 trays.

Credit Accounts

Orders are accepted on a CASH IN ADVANCE basis only unless a written confidential credit application has been submitted to and approved by Spring Meadow Nursery Inc.  Please allow time for processing (approx. 6 weeks). Terms are 2% 10 NET 30 to customers with established credit. A service charge of 1.5% per month (18% per year) will be applied to past due accounts. Payment on account is applied to accrued interest first. Visa and MasterCard credit cards are not accepted as payment on credit accounts.

Returned Checks

A $25.00 charge will be assessed for returned checks.

Cash in Advance Accounts, Visa and MasterCard Accounts 

Orders booked for future delivery are considered confirmed only after a 25% deposit has been received by us. Full payment must be received 30 days before shipment. Future orders without a deposit or without timely full payment will be deleted. Orders not taken as agreed will forfeit the deposit made upon them. We accept Visa and Mastercard. Credit card orders will be charged a 25% deposit at the time of order entry and the balance 30 days prior to shipment. All cash in advance orders and credit card orders include estimated packing/shipping charges. When actual shipping costs exceed our estimate additional charges will occur.

Packing / Shipping Charges

Packing and shipping charges are not included in the plant price and will be added, at cost, to the invoice at the time of shipment. Cash in advance and credit card accounts will prepay the packing/shipping charge. When actual shipping costs exceed our estimate additional charges will occur.

Shipping Information

We are unable to ship 12 months of the year. Our plants begin to break bud and grow under over-wintering poly in February. We will not ship active plant material when it may freeze in transit (approximately February 15 to April 15). All plant varieties are not available for fall or dormant spring shipment. Please check with us on availability and shipping windows.  While our goal is to deliver product as close as possible to the requested ship date, we reserve the right to adjust the ship date based on the quality and readiness of the plants.

Palletized Shipments

Each tray of plants is boxed, stacked on pallets, and then stretch-wrapped, or netted together as one shipping unit. Palletized shipments are normally a better value than UPS if your order exceeds 15 trays. Please notify us in advance if you are unable to accept a pallet shipment.

UPS Shipments

We ship UPS in our own custom designed boxes. Four trays per box, specially packed in an upright position travel to your door.

Limited Warranty

We warranty our plants to be true to name. All plant material is inspected by the Michigan Department of Agriculture and certified to be apparently free of dangerous insects and dangerously contagious plant diseases. We warranty our plants to be in good living condition at the time of shipment. All other warranties are specifically excluded, including but not limited to the warranty of merchantability or fitness for intended use and any warranty regarding future growth. Our warranty is limited to the 10-day period immediately after delivery to the carrier. All liability for incidental and consequential damages is excluded from this limited warranty. The following remedy applies and is your exclusive remedy.

Limited warranty claims will be resolved by the replacement of defective plants only. All orders are accepted and shipments made subject to crop conditions and could be canceled, prorated or changed based on availability at the time of shipment.

Claims

All plants become your property at the time of delivery to the carrier. Plant claims that are covered by our limited warranty must be submitted in writing within 10 days of shipment. All honored claims will be resolved by the replacement of defective plant material only. Replacement plant material will be provided as soon as production plans permit by Spring Meadow Nursery Inc. and shipped at cost. No variations on the above policy will be accepted.

Shipping Damages Claims

All shipping damages must be noted at the time of receipt of goods from the carrier. Note any box breakage or other obvious damages in writing on the carrier’s truck bills. Claim forms are available from the carrier.

Choice of Law Forum

It is agreed to by both parties that any contract for the sale of goods and services between Spring Meadow Nursery Inc. and the Buyer is made in Michigan and shall be governed by Michigan law. Any action pertaining to such sale shall be venued in Ottawa County, Michigan.

Plant Royalties

Royalties on patented or trademarked plants are charged in addition to the listed plant price. Royalty charges are subject to change without notice.

Tags / Marketing / Branding