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Field Direct Terms & Conditions
Prepaid: With the exception of Hermes Credit Accounts, all Field Direct orders require payment in full prior to loading. Terms are cash, company check, bank wire transfer, MasterCard, Visa and Discover. Customer will be subject to a $50.00 return check charge.
Credit: A minimum pre-approved credit line of $5,000 is required to qualify for Field Direct discounts. Credit lines less than $5,000 can participate with a 50% deposit at the time of order confirmation with the balance due prior to shipping. Hermes Credit Account terms are Net 30 days from the invoice date. Applications for credit can be mailed or faxed upon request. Please allow up to 30 days for credit application processing. All first time purchases require payment in full prior to shipping.
Delinquent Accounts: Accounts unpaid 31 days after invoice date are considered past due and not eligible for Field Direct discounts until such time as the account is in good standing. A late charge of 2% per month (24% per annum) will be charged on all past due accounts.
Warranty: We warrant that our stock is sold true to its name. This express warranty is our only warranty and shall exclude all implied warranties, including merchantability, fitness and quality. In no event shall we be liable for consequential damages for breach of this warranty or for any amount exceeding the purchase price of the plants.
Prices: All prices and availability are subject to change and are quoted F.O.B. Hermes Nursery, Inc., Shawnee, Kansas and Hermes Nursery, Inc., Olathe, Kansas.
Claims: All claims against material picked up must be made before the plants leave our nursery. Shipped material must be inspected upon arrival and all claims made in writing within three (3) business days. We strongly encourage use of the Receiving Checklist Survey supplied with all shipments to communicate claims issues. Hermes Nursery, Inc. does not |
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recognize claims in excess of purchase price and will not be liable for consequential damages for which a claim is made. We will accept no returns.
Cancellations: All cancellations are subject to restocking charges as follows:
Fall Orders: Confirmed orders canceled between September 1st and October 15th will incur a 10% restocking fee. Cancellations after October 15th will incur a 20% restocking fee. Failure to accept material by November 30th will result in a 20% restocking fee. All Fall Orders shipped after December 31st will be billed at regular catalog pricing.
Spring Orders: Confirmed orders canceled between January 1st and February 15th will incur a 10% restocking fee. Cancellations after February 15th will incur a 20% restocking fee. Failure to accept material by May 31st will result in a 20% restocking fee. All Spring Orders shipped after June 30th will be billed at regular catalog pricing.
Consent to Jurisdiction and Venue: Any action for claims or obligations arising out of or to enforce the terms and conditions of purchase set forth above must be brought in the District Court of Johnson County, Kansas, which will have personam jurisdiction over the parties and venue of the action. In the event of default, it is agreed that the Purchaser will pay all costs and expenses, including reasonable attorney’s fees incurred by Hermes Nursery, Inc., in collecting Purchasers account.
Acceptance of Terms: By submission of an order to purchase, you agree to the terms and conditions set forth above and further agree that any provisions printed or otherwise contained in your purchase order, which are inconsistent with or in addition to the terms and conditions set forth above shall have no force or effect. |
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