Prices
Prices are F.O.B. Locustville, VA and are subject to change without notice.
Payment Terms
All sales are C.O.D., unless the customer has established a commercial credit account with the Company. Pre-approved checks, Visa or MasterCard payments are acceptable. No cash will be accepted by delivery drivers. All checks must be pre-approved though the Company office for the total amount of the payment due prior to delivering the check to the delivery driver and prior to unloading of the truck - no exceptions. All credit card payments must be arranged through the Company office prior to delivery. All past due accounts are subject to 2% finance charge per month (ANNUAL PERCENTAGE RATE OF 24%)
Credit Accounts & Terms
Customers may apply for a commercial credit account with The Ivy Farm (the “Company”) by completing and submitting the Commercial Credit Application and Agreement, allowing at least 30 days for review. If a commercial credit account is approved by the Company, payment shall be upon terms provided in the Commercial Credit Application & Agreement.
Returned Checks; Collection
A $50 fee will be charged for all check returned for insufficient funds. Any failure of payment by customer may be turned over to an attorney for collection at the discretion of Company, and in such event Customer agrees to pay all costs of collection, including, but not limited to court costs and attorneys’ fees equal to one-third (1/3) of the outstanding balance at the time of referral.
Sales Tax; Exemption Certificate
The Company is required to collect 5.3% sales tax on all orders picked up or delivered within Virginia, unless a properly executed sales tax exempt certificate is received prior to each order. The Customer agrees to notify the Company of any change in the tax exempt status of the Customer prior to any order affected by such change in status.
Link to VA Form ST-10
(For use by a Virginia dealer who purchases tangible personal property for resale.)
Link to VA Form ST-14
(For out-of-state dealer who purchases tangible personal property in Virginia for immediate transportation out of Virginia in his own vehicle for resale outside this state.)
Product Availability
Product availability is updated and made available every Thursday through the Company website, fax or email. It is the customer’s responsibility to determine current availability information. To ensure best availability and delivery, customers should place orders by the order date specified in the weekly availability notices. All orders must be in writing received by the Company via fax or email. We are not responsible for orders not received due to fax or email errors. Cancellations made after the order is pulled will be subject to a restocking fee of 20% of the order price.
Order Acknowledgment
Once an order has been scheduled for a delivery the Company will fax or email an order acknowledgment. Please note that this acknowledgment is subject to change upon final inspection of plants, plant materials or goods (“Plants” or “Goods”) to be shipped prior to loading of the trucks.
Certain Product Requirements
When ordering less than 10 of the following item sizes please add: + .25 for 3 qt. & 4 qt. material / + .50 for 2 gal. Plants / + $1.00 for 3 gal. Plants. No minimums for 5, 7, 10, or 15 gal. Plants.
Limited Warranty; Damages
All plants are warranted to be true to name and to arrive in healthy growing condition. If any stock is proven to be untrue to description or name, we will replace it without charge or refund the original purchase price of the Plant. The Company does not warrant or guarantee successful growth after sale due to the range of grower experience and conditions. THE COMPANY MAKES NO WARRANTY THAT GOODS SOLD UNDER THIS AGREEMENT SHALL BE MERCHANTABLE. THERE ARE NO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. NEITHER THE COMPANY NOR CUSTOMER SHALL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL LOSSES OR DAMAGES, WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO LOSSES OF USE, PROFITS, BUSINESS, REPUTATION OR FINANCING.
Inspection; Acceptance & Claim
Please inspect and count all Plants at time of delivery. Claims for shortages must be made immediately upon delivery and notated on the Return/Shortage Sheet with the driver. Claims for unsatisfactory Goods must be made in writing either at the time of delivery or within 48 hours after delivery of the order, otherwise shipment will be deemed satisfactory and accepted. If driver has left the delivery location, please fax your claim to 757-787-9473. We shall at no time be responsible for more than the purchase price of the plant. Any plant material subject to claim must be held for possible inspection by the Company and disposition instructions. Once a claim has been approved for customers with established terms, a credit memo for the cost of the plants will be mailed to the billing address on file. Freight charges are not subject to adjustment. At no time may an invoice be adjusted by the customer. Failure to document and notify the Company with a problem within 48 hours will result in refusal of the claim.
Discounts
Volume discounts are at the discretion of the Company with consideration of annual purchases and payment history of the customer from the previous calendar year. Any approved discounts shall only apply to plants. The customer’s account must be in good standing to be considered for discounts. Qualifying customers will be notified of any earned discount for the upcoming year.
Applicable Law; Jurisdiction & Venue
The undersigned acknowledges that this agreement shall be construed in accordance with Virginia law, and the parties’ agree that the Commonwealth of Virginia shall be the jurisdiction and Court of Accomack County shall be the venue of any litigation arising out of this Agreement and the relations of the parties.