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LDC Terms & Conditions

Prepaid: Orders must be paid at the time of purchase until such time as an approved Hermes Credit Account has been established. Terms are cash, company check, bank wire transfer, MasterCard, Visa and Discover. Customer will be subject to a $50.00 return check charge.

COD: Orders must be paid in full when picking up plants or upon job site delivery.

Credit: 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 20 days for credit application processing.

Preferred Credit: At the sole discretion of Hermes Nursery’s Division Manager, customers may receive extended credit beyond their approved credit limit, provided the account is in good standing and Preliminary Lien Notice procedures are followed.

Preliminary Lien Notice: For the benefit of the Purchaser and Hermes Nursery, Inc., we will request the following information be provided on all Hermes Credit Account purchases: Job name and address, Contractor’s name and address.

Deposits: A deposit will be required to hold plant material longer than 30 days.

Delinquent Accounts: Accounts unpaid 31 days after invoice date are considered past due. Invoices unpaid for 60+ days are considered delinquent and may lose their purchasing privileges and possible revocation of their credit limit 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.

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“The homeowner is loving the plants that you helped picked out! They are loving it—it's wonderful! I just wanted to pass the kudos on to you.”

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Warranty & Loss: 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.

 

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. Hermes Nursery, Inc. does not 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.

 

Consent to Jurisdiction & 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.