Terms of Sale
Orders: All orders are booked subject to crop growing conditions with the understanding that orders shall be void should injury befall the stock from drought, flood, fire, frost, errors in count, or by other causes beyond our control. Prices: Prices are listed for the trade of the United States and Canada only, and cancel all previous prices offered by us. They are quoted F.O.B. our nursery and are subject to change without notice. Upon tagging of specimen material, the ball size will ultimately determine the price. Tagging: Tagging is suggested for plant material. You must make an appointment to tag your plant material. No cell phone use is permitted during tagging. Terms and Conditions: One third (1/3) deposit required before digging or upon tagging of material. No trees will be dug without a deposit. Deposits are not refundable. Balance is due upon delivery or pick up, on cash basis, certified or treasurer's check only, unless credit has been approved by High Ridge Farms, and you have been notified in writing. All customers with credit are subject to a 30 days net, a 1-1/2% service charge will be assessed per month for late payments. Sales tax will be collected unless High Ridge Farms has an exemption certificate on file. If plant material is tagged (for example: Spring and left until Fall before taking) material will be resized and repriced at the new season rate. Credit Applications: All customers, except those making prepayment, must fill out and sign a confidential credit application. The form provides basic information necessary for the extension of credit. We cannot assure a determination on a creditor application unless made at least six weeks before shipment. Past Due Accounts: A service charge of 1-1/2% per month, 18% per annum, will be charged on all overdue accounts. Grading: All our trees are graded and dug in compliance with AAN Standards. Claims (Pickups): Once material leaves High Ridge Farms, the customer assumes all responsibility. The customer must inspect the shipment for damages and/or shortages before leaving High Ridge Farms. All loads must be tarped before leaving. Remember your tarp. Claims (Delivery): At time of delivery, acceptance of goods will eliminate all claims. Prior to signing for delivery, the customer must inspect the shipment for damages and/or shortages. The customer should sign and make all appropriate comments in writing on the delivery invoice. If there are any problems with your delivery, please call the office at once. Shipment: Shipment is made at the expense and risk of the purchaser. We can arrange for shipment through our truck broker, or if you'd rather, you can arrange for the shipment of your order. To ensure quick, efficient loading, three days' notice is necessary for an appointment when picking up your order. No loading between the hours of 12:00pm and 1:00pm. For all orders shipped through our broker, we must receive a fax with the date, time, and directions before material will be loaded. Once material is loaded, there is no postponing of shipment. Our responsibility ceases upon delivery to the carrier. All orders not shipped by May 1st are subject to watering and storage charges. Guarantee: High Ridge Farms expressly warrants that all trees purchased will be true to name and in good condition when they leave the nursery. High Ridge Farms also holds itself in readiness, on proper proof, to replace all such nursery stock that may prove otherwise. High Ridge Farms expressly disclaims any other warranty,expressed or implied, as to productiveness or growth, as to results secured in transplanting, or any other consequential damages. This warranty is not transferable and is void if payment is not made in full,when due, of the full contract price for all nursery stock shipped. Claims for any cause will receive consideration upon delivery of stock. We shall in no case be liable for any sum greater than the amount originally received for said nursery stock. This warranty is in lieu of all other written or orally expressed or implied warranties and High Ridge Farms hereby expressly disclaims any such warranties of merchantability or fitness for a particular purpose. All nursery stock bearing plant patent indentification numbers have been produced under license from the patent owner. Propagation ore reproduction of these varieties without permission of the plant patent owners is in violation of plant patent law. New Jersey Sales Tax: Under the New Jersey Sales and Use Tax Act, we are required to collect a sales tax on all nursery stock sold unless we have proper documentation that the sale is exempt. The following sales are exempt (Customers located in New Jersey): 1. Stock is exempt that will be resold with appropriate NJ sales tax collected and we have been provided with a properly excuted Resale Exemption Certificate (Form ST-3), prior to stock being delivered. 2. Stock purchased from us and used for Federal, State of New Jersey, or New Jersey municipal projects is non taxable, provided we have received prior to sale a Contractor's Exempt to Purchase Certificate (Form ST-13) for each individual order. 3. Stock that will be planted in our customers nursery for growing on to a larger size is exempt if we have a properly executed Farmer's Exemption Certificate (Form ST-7). PLEASE NOTE: Sales to out-of-state customers, which are delivered by us or a carrier hired by us, are exempt from New Jersey Sales tax if delivered to the out-of-state location. Sales made by us to an out-of-state customer in which the customer picks up the stock in New Jersey are taxable and subject to the New Jersey Sales Tax unless the goods are intended to be resold at retail and the out-of state customer has properly executed and submitted to us, a Resale Exemption Certificate (Form ST-3). Please note that Form ST-3 is valid only when completed by the customer registred with the New Jersey Division of Taxation. Please ask us to send you the sales tax information sheet for landscapers and nurseryman if you are unfamiliar with the New Jersey law. Out-of-state purchasers can register with the New Jersey Sales Tax Bureau and we will be happy to supply application forms and instructions upon request. If we can help in any way to clarify the New Jersey Sales Tax requirements, please let us know.