Terms and Conditions
TERMS:If you do not have an established open account, our terms are cash on delivery or payment in advance. Kelly Green Trees, Inc. open account terms are net 30. Contact the credit department for further information.
SALES TAX: Sales Tax is applicable, unless a resale certificate has been filed with Kelly Green Trees, Inc. credit department. Sales tax is applicable on delivery charges.
CONDITIONS: All prices are quoted F.O.B. our nursery. Prices are subject to change without notice and the availability of the stock on hand at the time of order. Contract growing for upcoming projects is available. A 25% (twenty-five percent) non-refundable deposit is required for orders with a delivery date over 90 (ninety) days. Deposits will be posted on account and deducted from final invoice. A 5% (five- percent) maintenance fee will be charged to customer's account for tagged orders delayed past the scheduled delivery date. Contact the sales department for further information on Contract Growing.
Delivery: A minimum delivery charge may be assessed for out of area deliveries, split loads and partial truck loads. Standard out-of-area shipments are made by common carrier at prevailing rates. Kelly Green Trees, Inc. understands that certain unforeseen variables can result in waiting time at the delivery site. Therefore, one hour of standby time is afforded to our customers free of charge. And additional waiting time in excess of the initial one-hour grace period will be billed at a rate of $50.00 (fifty dollars) per hour or fraction thereof. While our drivers are instructed to assist in off loading, it is the responsibility of the purchaser to arrange the necessary equipment and labor to off load.
RESTOCKING: Plant material returned, postponed or cancelled prior to delivery will be subject to a restocking fee. This fee covers cost of labor, restocking, assembly, loading, unloading and delivery.
NON-WARRANTY: Kelly Green Trees, Inc. gives no warranty, expressed or implied, as to the variety or productivity of any nursery stock they sell. Any liability is limited to the purchase price. No liability is assumed by Kelly Green Trees, Inc. for delay or failure to deliver as a result of war, strikes, fires, floods, droughts, embargoes or any other contingencies beyond our control. Kelly Green Trees, Inc. accepts no responsibility, nor is it our practice to question the end use environment of material we sell as it relates to controlled nursery production environment. Plant materials are specified, ordered and installed by licensed professionals who are qualified and paid to make those considerations.
Claims: All claims for any cause must be made on the original invoice immediately upon receipt of goods. If an error has been made by us, notify us promptly and we will make the adjustment. We will not entertain claims that are filed after the goods have been accepted upon delivery to the project, except as noted on original invoice.
Preliminary Lien Notice and Material Release: In accordance with the laws of the States of Arizona, Nevada, California, New Mexico and Utah, Kelly Green Trees, Inc. may file preliminary notices on any job. Kelly Green Trees, Inc. will request the preliminary notice information, including but not limited to owner, general contractor and lender in order to complete the preliminary process. Material releases will be provided upon customers written request within 24 hours of receipt of the request. All unconditional waivers and releases require payment in full prior to any material releases. If it becomes necessary to perfect a mechanics lien on a respective customers account, Kelly Green Trees, Inc. reserves the right to charge respective customer $200.00 (two hundred dollars) to cover such costs.
Enforced Payments: If Kelly Green Trees, Inc. finds it necessary to file suit to enforce payment, such suit may be brought in Pima County, Arizona at Kelly Green Trees, Inc. option, and seller shall be entitled to court costs, attorney fees and interest at 2% (two percent) per month on all amounts found to be due and payable. Returned checks will be charged a $25.00 (twenty-five dollar) service fee.