PRICES:

Prices are F.O.B. our Nursery, with risk of loss in shipment to carrier or customer, and are subject to change without notice.

TERMS & CONDITIONS:

25% deposit to confirm order. Balance due at time of shipment. Cash upon delivery or pickup. $25.00 charge for returned checks. All cancellations must be made in writing. Cancellations made after February 1 forfeit deposit. All plants held at D. Wells Nursery past May 15 will automatically be billed to customer. Any billing which is not paid within 30 days after delivery of shipment will be past due and bear interest at the rate of 1.5% per month (ANNUAL PERCENTAGE RATE OF 18%). Send billing inquiries to D. Wells Nursery PO Box 336, Hubbard, OR 97032. If this account is placed in the hands of an attorney for collection, customer agrees to pay reasonable attorney fees incurred by D. Wells Nursery even if no court motion is filed, and such reasonable attorney fees that may be set by the trial court, arbitrator, or appellate court hearing the case. Venue for collection action shall be in Marion County, OR.

CLAIMS:

Claims, for any reason, must be made in writing within 10 days of taking posession of the plants. Any claims made after such time are deemed waived. AT NO TIME AND IN NO EVENT WILL D. WELLS NURSERY BE LIABLE FOR ANY AMOUNT IN EXCESS OF THE PURCHASE PRICE. D. WELLS NURSERY SHALL IN NO EVENT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. Customer agrees to file claims against carrier for any stock damaged in transit. All D. Wells Nursery products require shipment via refrigerated transportation; any customer who ships by another method accepts full responsibility for damages to plant material. D. Wells Nursery will not be liable for condition of plants held past May 15. All D. Wells Nursery products are to be sold as is. There are no warranties herein, expressed or implied including, without limitation, the warranty of merchantability and fitness for a particular purpose.

SUBSTITUTIONS:

Due to conditions beyond our control, we reserve the right to substitute one full size grade lower or higher without customer notification.

SHORTAGES OF ACKNOWLEDGED NURSERY STOCK:

In the event of destruction of ordered nursery stock due to fire, theft, weather condition, or error in field inventory, D. Wells Nursery retains the right to prorate all or a portion of our stock between existing orders at our discretion.

MEMBERSHIP:

Oregon Association of Nurseries
American Conifer Society