Terms & Conditions
Payment Terms: Cash, Credit Card (3% Convenience fee on all card transactions), Wire Transfer, ACH or Check prior to shipment, unless otherwise established by our credit department based on a signed and approved credit application. Interest will be charged at 1.5% per month (Annual percentage rate 18%) on overdue accounts. Past due accounts will automatically convert to cash. Prices are F.O.B. Damascus, OR. Seller retains a security interest in all plant material until fully paid for. Discounts apply to non-net items only and only valid if invoice paid within terms.
Orders: Minimums apply; ORDER MIN: $2000.00 for us to scheduling shipping / $1500.00 for pickup. MIN QTY PER VARIETY/SIZE: #1 - 10ea #2,#3,#5 - 5ea. All orders for future will require a 20% deposit in order to reserve/allocate and process material to be shipped. Minimum order for field grown material to be dug and shipped will be five plants per variety. A 20% percent digging charge will apply to all orders of less than five plants per variety. Minimum lead time for digging is 3-5 days weather permitting. All orders will be acknowledged based upon estimates in the field and container areas. However, at the time of shipping, should order adjustments need to be made, we will substitute the closest possible variety and size (not more than one size up or down on field stock, no substitutions will be made on container plant material without customer permission) as the original acknowledged order. Should you not want substitutions of any kind please indicate on your original purchase order. All confirmed allocations will be reserved through May 1st. After May 1st any product remaining on allocations will be added to our open stock for sale to the general trade.
Once an order is acknowledged, a restocking fee of 30% will be assessed on any/all product cancelled/not accepted by the customer.
Wholesale Trade Only: Wholesale Price Lists are intended for only those licensed in buying and selling of nursery product. This cancels all previous lists and quotations and is subject to change without notice.
Additional Container Charge: Some plants normally sold B&B are available in black plastic containers and wire baskets. The additional charge will range per plant purchased depending on size of container or wire basket used.
Claims: Claims must be noted on the Bill of Lading/Proof of Delivery accompanied by pictures of the material in question and requested in writing within 5 days of receipt of shipment. All material in question must be held at shipment location for disposition instructions. Under no circumstances will Blue Mountain Nursery, LLC be liable for any sum greater than the purchase price of the plant material. In-transit damage claims are to be made directly to the carrier.
Guarantee: We guarantee our nursery stock to be true to name and be alive and in good condition upon leaving our nursery. WE DO NOT GUARANTEE in any manner, expressed or implied, the description, life, quality, productiveness, or any other of any nursery stock, seeds, or plants we sell. It is mutually agreed that our total liability for any error, should stock prove untrue to name as labeled, shall be limited upon satisfactory proof, to our replacing free, or refunding the purchase price thereof. We accept all orders subject to crop conditions, errors in counts and the understanding that the same shall be void should injury befall the stock because of hail, frost, or other cause beyond our control.
Liens: Blue Mountain Nursery, LLC reserves all lien rights in connection with the goods provided against the property in which they were delivered until final payment is received.
Default: Purchaser agrees to pay all expenses, including reasonable attorney’s fees to include attorney’s fees on appeal incurred in the collection, by suit or otherwise, or any amount payable under this contract. Purchaser agrees that this contract is consummated at Clackamas County, Oregon and that suit or action may be brought in Clackamas County, Oregon.
Orders: Minimums apply; ORDER MIN: $2000.00 for us to scheduling shipping / $1500.00 for pickup. MIN QTY PER VARIETY/SIZE: #1 - 10ea #2,#3,#5 - 5ea. All orders for future will require a 20% deposit in order to reserve/allocate and process material to be shipped. Minimum order for field grown material to be dug and shipped will be five plants per variety. A 20% percent digging charge will apply to all orders of less than five plants per variety. Minimum lead time for digging is 3-5 days weather permitting. All orders will be acknowledged based upon estimates in the field and container areas. However, at the time of shipping, should order adjustments need to be made, we will substitute the closest possible variety and size (not more than one size up or down on field stock, no substitutions will be made on container plant material without customer permission) as the original acknowledged order. Should you not want substitutions of any kind please indicate on your original purchase order. All confirmed allocations will be reserved through May 1st. After May 1st any product remaining on allocations will be added to our open stock for sale to the general trade.
Once an order is acknowledged, a restocking fee of 30% will be assessed on any/all product cancelled/not accepted by the customer.
Wholesale Trade Only: Wholesale Price Lists are intended for only those licensed in buying and selling of nursery product. This cancels all previous lists and quotations and is subject to change without notice.
Additional Container Charge: Some plants normally sold B&B are available in black plastic containers and wire baskets. The additional charge will range per plant purchased depending on size of container or wire basket used.
Claims: Claims must be noted on the Bill of Lading/Proof of Delivery accompanied by pictures of the material in question and requested in writing within 5 days of receipt of shipment. All material in question must be held at shipment location for disposition instructions. Under no circumstances will Blue Mountain Nursery, LLC be liable for any sum greater than the purchase price of the plant material. In-transit damage claims are to be made directly to the carrier.
Guarantee: We guarantee our nursery stock to be true to name and be alive and in good condition upon leaving our nursery. WE DO NOT GUARANTEE in any manner, expressed or implied, the description, life, quality, productiveness, or any other of any nursery stock, seeds, or plants we sell. It is mutually agreed that our total liability for any error, should stock prove untrue to name as labeled, shall be limited upon satisfactory proof, to our replacing free, or refunding the purchase price thereof. We accept all orders subject to crop conditions, errors in counts and the understanding that the same shall be void should injury befall the stock because of hail, frost, or other cause beyond our control.
Liens: Blue Mountain Nursery, LLC reserves all lien rights in connection with the goods provided against the property in which they were delivered until final payment is received.
Default: Purchaser agrees to pay all expenses, including reasonable attorney’s fees to include attorney’s fees on appeal incurred in the collection, by suit or otherwise, or any amount payable under this contract. Purchaser agrees that this contract is consummated at Clackamas County, Oregon and that suit or action may be brought in Clackamas County, Oregon.