The Fine Print

Terms and Conditions
  Credit Accounts
    • 2% 10 days net 30 (from date of invoice). In order to take advantage of the discount, payment must be postmarked within 10 days of invoice date and prior invoices paid in full.
• Interest charge on overdue accounts computed at 1.5% per month (18% APR).
• Credit accounts over 60 days past due will revert to C.O.D. on future orders.
  New Accounts
    • Cash, certified check or approved credit application.

• Price quotes are FOB our nursery.
• Sales tax must be charged on all purchases, unless buyer has submitted appropriate exemption forms.
• No claims for shortages, damaged stock, misfilled orders, or other evident problems will be honored unless indicated in writing on the bill of lading, upon recipt of shipment.
• No guarantee on orders being held if not taken within 2 weeks after notification of its readiness.
• Spring container orders not taken prior to June 1 will be billed at the appropriate price for the size when shipped.
• All claims must be made within 10 days after receipt of goods.
Additional charge for shipping below minimum quantities of any item.
• Additional terms and conditions listed on our Credit Application are binding as well.
• Spring B&B orders must be taken by June 1.

Delivery Service
---We offer an assortment of delivery capabilities, ranging from flatbed trailers to palletized trucks. We offer prompt service to those within our market area. Within a 200 mile radius, we offer deliver service on a weekly basis to allow you to restock your yard on a timely basis.
---For simplicity, accuracy and consistency, freight is billed as a percentage of your invoice amount and is collected at time of delivery. Call to find out your shipping zone so that you can accurately project your landed costs ahead of time. Freight minimums (not Order minimums) do apply in order to allow us to break even on our shipping costs. Freight charges are calculated prior to any discounts.
---Several years ago we introduced our Load Helper System. This palletized, side access truck allows for convenient forklift unloading or hand unloading.
---Our delivery service takes the backbreak and headache out of getting material into your yard.

Volume Rebate Program
  Rebates listed below are based on total $ volume of plant purchases from January 1 to December 31.
$ Volume
Rebate
$ Volume
Rebate
 
10,000
5%
30,000
8%
 
 
15,000
6%
40,000
9%
 
 
20,000
7%
50,000
10%
 

Rebates will be calculated at the end of the year (or later for accounts with late season purchases yet to be paid). Rebate checks will be mailed shortly thereafter. Any account not paid in full 30 days beyond year's end will forfeith their rebate rights. Any individual invoice that is not paid within terms will not be eligible for a rebate, although the invoice amount will be used to calculate $ volume for the period. Rebate is in addition to prompt pay discounts. We reserve the right to modify this program in future years.
Early Order Program
---Spring orders received by August 31 will receive the highest priority during the confirmation process. Existing accounts will be placed ahead of new accounts.

---Spring orders received after August 31 will be booked on an "as received" basis.

---We reserve the right to downgrade priority for accounts that have failed to take complete orders or who have paid beyond terms the previous season. For past due accounts, priority assignment will be determined by the date the account is settled.

---Orders that "load up" on scarce items will be subject to prorating those items, independent of priority status.
Warranty
Overdevest Nurseries, LP's only warranty is that all plant material sold is true to name and within recognized tolerances as to grading, size and quality. NO ONE HAS THE AUTHORITY TO EXPAND THIS WARRANTY UNLESS IT IS IN WRITING. NO ORAL WARRANTIES ARE RECOGNIZED.

Overdevest Nurseries, LP gives NO IMPLIED WARRANTIES. This means that except for the Express Warranty given above, all goods are sold "AS IS" and (including, without limitation) with no warranties given as to livability, productivity, results from transplants or otherwise. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED AND ARE NOT GIVEN.

Plant hardiness ratings are given only as approximate guides for plant selection purposes. They are not guarantess or warranties.

In the event of a breach by Overdevest Nurseries, LP, the exclusive remedy for buyer will be a refund of the purchase price or the replacement of the goods at the option of Overdevest. In no event will Overdevest be liable for consequential damages (including but not limited to loss of profits, income or reputation) or other damages beyond the purchase price.