ORDERS
Orders are booked subject to crop development and availability at the time of shipping. We reserve the right to substitute should size ordered be unavailable. Orders may be voided without liability to Earthgen Native Tree Nursery or Earthgen International Ltd. (Earthgen) should injury befall the stock or conditions beyond our control inhibit timely delivery.
PRICES
Prices are in Canadian dollars and apply only to Retail sales. All prices F.O.B. Earthgen Tree Nursery, Attercliffe and are subject to change without notice. We welcome Debit, Visa and MasterCard credit card purchases.
TERMS
All customers without approved credit (including new accounts) are on a cash basis. Terms may be extended to customers upon completion and approval of an Earthgen Credit application. Payment terms for approved accounts are Net 30 days. A service charge of 2% per month will be assessed on all overdue accounts. Credit privileges may be withdrawn on delinquent accounts. We reserve the right to cancel orders for customers with outstanding accounts or unsatisfactory credit.
GUARANTEE
Earthgen expressly warrants that all stock purchased will be true to name and in good viable condition when leaving the nursery and holds itself in readiness on proper proof to replace such nursery stock which may prove otherwise or refund the original amount paid. Under no circumstances will Earthgen be liable for any sum greater than the amount originally received for such stock. Earthgen expressly disclaims any other warranty, expressed or implied as to the productivity, performance, results secured in planting or any other consequential damages as these factors are beyond our control. Our warranty is non-transferable and is void if payment of the contract price for all nursery stock shipped is not made in full when due.
Claims regarding discrepancy in size, quantity and quality will receive consideration only when made in writing within 10 days from receipt of shipment. All stock travels at the risk of the buyer, therefore claims for damage incurred during transit must be filed immediately with the forwarding company. EarthGen will gladly offer assistance in filing such extend claims. Claims regarding disease or viability must be reported upon suspect and not later than one month following the date of delivery. Claims reported after this date will not be considered. We reserve the right to ask for presentation of such stock so as to determine the cause or nature of the problem.
DISPUTES
In the event of a dispute arising in the enforcement of any of the terms of this agreement EarthGen will be entitled to all incurred costs including attorney fees, whether or not legal proceeding is underway. In any action to enforce this agreement the prevailing party shall be entitled to recover its costs, disbursements and attorney fees in connection with such action. Should it be
necessary to file suit to enforce this agreement, such suit may be
brought in the Municipality of Halton-Peel, Province of Ontario.
