Guarantee
Branch Cove Nursery guarantees all stock for grade ordered, named variety and good condition up to delivery to the freight carrier. Condition, growth, and production after delivery to the freight carrier is the responsibility of the Buyer.

Force Majeure
If performance is made commercially impracticable or impossible because of the occurrence of an event beyond the reasonable control of Branch Cove Nursery, including but not limited to, weather, acts of God, war, labor disputes, etc., then Branch Cove Nursery shall not be responsible for its inability to fulfill any orders in whole or part.

Ordering Terms
The preferred method of payment is by PayPal. Invoices must be paid in full, or payment by check must be remitted in full prior to Branch Cove Nursery shipping the order unless other arrangements have mutually been agreed upon in writing. Minimums apply. See ordering.

Payment
All payments made by check or money order are to be made to: Branch Cove Nursery, PO Box 432, Gig Harbor, WA 98335

Cancellation
All cancellations must be made to Branch Cove Nursery within 24 hours of delivery being sent to freight carrier.

Packing/Shipment
Cost of processing, packing and shipping is in addition to the price of stock and will be added to the Buyer’s balance upon invoicing.

Confirmation
All orders will be confirmed in writing by Branch Cove Nursery before shipping. The written confirmation shall include payment terms and estimated shipping date.

Delivery
Branch Cove Nursery makes no guarantee with respect to delivery. Branch Cove Nursery will ship FOB Branch Cove Nursery via USPS or FedEx unless another carrier is specified by the Buyer before confirmation. Shipping is at risk of the Buyer and Branch Cove Nursery’s responsibility for all stock ceases upon delivery to the carrier. If stock is damaged in transit, Buyer must make all claims to the freight carrier, not to Branch Cove Nursery.

Claims
All claims must be reported by Buyer to Branch Cove Nursery within ten (10) days of the receipt of the shipment. Adjustments, if any, will only be for claims concerning the quality of grade, named variety, or damage from Branch Cove Nursery harvesting. All plants become Buyers property upon delivery to the freight carrier. All unsatisfactory stock must be returned to and received by Branch Cove Nursery within fourteen (14) days of delivery to Buyer. Re-shipment must be authorized in writing by Branch Cove Nursery and plants must be returned in good condition. Freight on return of unsatisfactory stock will be paid by Branch Cove Nursery, once approved by Branch Cove for return.

Washington Law
All transactions between Buyer and Branch Cove Nursery shall be interpreted under the laws of the state of Washington. Further, Buyer stipulates to jurisdiction and venue in Pierce County, Washington for any claims arising out of any transaction between Buyer and Branch Cove Nursery

TERMS AND CONDITIONS
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