Terms and Conditions

Orders

All orders are booked subject to projected estimates, crop growing conditions and actual availability at the time of shipping. Orders shall become void, or partially void, should injury befall the stock due to drought, flood, fire, frost, errors in count or by other causes.

Prices

Prices are listed for the wholesale trade only and cancel all previous prices offered by us. All prices quoted are F.O.B. origin and are subject to change without notice.

Terms

Unless credit has been established, all sales are on a cash in advance of shipping basis. Our regular terms of net 30 days are available to all customers with established records for prompt payment. A service charge of 1 ½ % per month (18% per annum) will be charged on all overdue accounts.

Grading

All our trees are graded and dug in compliance with the ANLA system. All trees are machine dug and placed in wire baskets with treated burlap to ensure excellent survivability and ease of handling.

Shipping

All shipments travel at the expense and risk of the purchaser. We can provide assistance in locating a shipper or you may arrange your own shipping.

Guarantee

Lewis Evergreen expressly warrants that all trees purchased will be true to name and will be in good healthy condition when they leave the nursery. There is no warranty for loss of trees that have the wire basket removed. Lewis Evergreen expressly disclaims any other warranty, expressed or implied, as to productiveness or growth, as to results secured in transplanting, or any other consequential damages. This warranty is non transferable and is void if payment is not made in full when due of the total contract price for all nursery stock shipped.

Claims

Claims for any cause will receive consideration only when made within 10 days after delivery of stock or acceptance thereof. We shall in no case be liable to any sum greater than the amount originally received for said nursery stock. This warranty is in lieu of all other written or oral expressed or implied warranties and Lewis Evergreen hereby expressly disclaims any such warranties or merchantability or fitness for a particular purpose.

Cancellations

Lewis Evergreen reserves the right to charge a re-stocking fee of 20% to cover replanting cost and growth loss in the event an acknowledged order is cancelled after dug.

Disputes

In the event a dispute arises as to the enforcement of any of the terms or provisions of this agreement, Lewis Evergreen will be entitled to all costs including, but not limited to attorney fees, whether or not any legal proceeding is initiated. In any action to enforce this agreement, the prevailing party shall be entitled to recover its costs, disbursements and attorney fees in connection with such action and any appeal or review. Should it become necessary to file suit to enforce this agreement, such suit may be brought in Arkansas.