IMPORTANT CUSTOMER INFORMATION PLEASE READ!

TERMS AND CONDITIONS OF SALE

NO WARRANTY
ALL NURSERY STOCK AND/OR ANY OTHER MATERIAL IS SOLD "AS IS". WE HEREBY DISCLAIM AND EXCLUDE ALL WARRANTIES EXPRESS OR IMPLIED, IN FACT OR BY LAW, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR INTENDED USE OR PARTICULAR USE.

CHOICE OF LAW. FORUM The Buyer & Seller hereto agree that this contract is made in Ohio and shall be governed under Ohio Law. Further, venue for any action pertaining to a sale made under this contract shall be vended in Cuyahoga County, Ohio.

CONTINGENCIES We reserve the right to prorate, cancel, accept or refuse any order in whole or in part for any reason or for no reason.

Acceptance: Conflict of Terms
Acceptance of delivery of the products shall constitute Buyer's agreement to the terms and conditions set forth in our document. Notwithstanding, any provisions therein to the contrary, no terms and conditions in Buyer's purchase order, acknowledgment form, confirmation, or other document issued by Buyer which conflict with the conditions herein, or increase Seller's obligation hereunder, shall be binding on Seller unless specifically identified and accepted in writing by an executive officer of Seller and until such acceptance is granted. All such terms and conditions are hereby rejected.

CLAIMS All claims must be made in writing within 10 days after receipt of stock. Failure to present such claim within said 10 days shall constitute a waiver of such claim. All quotations are for immediate acceptance and subject to stock being unsold on receipt of order and to final inventory in the late fall.

Prices listed herein are per each and balled and burlaped unless noted otherwise, F.O.B. our nursery, Gates Mills, Ohio.

CREDIT
To those with established satisfactory credit records, we shall be pleased to extend terms of 30 days from date of invoice. One and one-half percent (1 1/2%) per month (annual rate 18%) service charge will be charged on all accounts due over 30 days, unless arrangements are made in advance of sale. A minimum of $40.00 will be assessed for any returned check. This agreement contains the entire Agreement of the parties. Any prior agreements, promises, negotiations or representations relating to subject matter of this Agreement not expressly set form herein are of no force and effect. The prices quoted in this list, cancel all previous lists, and are subject to change without notice.

Returns   Chagrin Valley Nurseries Inc. reserves the right to accept no returns or exchanges because plant material is a perishable good and we have no control over the way it has been handled after it leaves our possession.

QUOTES Quotes are based on availability as of the date quoted. Supply is not guaranteed beyond that date, and prices are subject to change without notice.

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Chagrin Valley Nurseries

1370 Chagrin River Road

Gates Mills, Ohio 44040

PH: 440-423-3363

FX:440-423-1113