Teufel Nursery - Terms and Conditiions

Terms and Conditiions

Terms and Condition

All photographs at www.teufel.com are the copyright of Teufel Nursery Inc and no unauthorized use is permitted.

CERTIFICATION OF COMPLIANCE. Seller hereby certifies that the goods sold hereunder were produced in compliance with all applicable requirements of Sections 6, 7 and 12 of the Fair Labor Standards Act as amended, and all regulations and orders of the U.S. Department of Labor issued under Section 14 thereof.
TERMS OF PAYMENT. Terms of payment are net 30 days following date of invoice. Seller reserves the right to restrict the terms of payment or to require payment in full prior to shipment if, in Seller’s opinion, Buyer’s financial conditions or other circumstances do not warrant shipment on the terms originally specified herein. Buyer agrees to pay a late payment charge of 1.5% per month, or the maximum allowable contract rate if state law requires a lesser charge, on all amounts not paid in full after 30 days following the date of invoice. In addition to any other remedies it may have, including statutory liens, Seller reserves a purchase money security interest in all goods it transfers to Buyer, and Buyer shall, upon request, execute any documentation necessary to perfect Seller’s security interest.
DELIVERY. Seller may, at its option, either deliver the goods to Buyer itself, in which event Buyer shall pay all costs incurred by Seller in connection therewith, or ship the goods to Buyer "FOB Seller’s Warehouse," in which event all costs of transportation shall be borne by Buyer and all risk of loss or damage shall pass to Buyer when the goods are delivered to the carrier. Buyer shall pay all delivery costs and freight charges, whether Seller delivers the goods itself or whether the goods are delivered by common carrier, within seven (7) days of delivery.
DUTY TO INSPECT UPON DELIVERY. Buyer shall inspect the goods immediately upon delivery and shall give written notice to Seller within 48 hours after delivery of any claim that the goods do not conform with the terms of this contract. If Buyer shall fail to give such notice, the goods shall be deemed to conform with the terms of this contract, Purchaser shall be deemed to have waived any breach of warranty claim, and Buyer shall be bound to accept and pay for same in accordance with the terms of this contract. Buyer expressly waives any right Buyer may have to revoke acceptance after the expiration of said 48 hour period.
FAILURE OR DELAY IN DELIVERY. Seller shall not be responsible for any delay or failure to make delivery of all or any part of the goods sold hereunder, or any loss or damage incurred by Buyer as a result thereof, if such delay or failure to make delivery is caused, either directly or indirectly, by strikes or other labor troubles; fire, flood or other casualties; federal, state or municipal action or regulation; lack of or inability to obtain the goods from the usual source of supply; or any other contingency or circumstance beyond Seller’s control, whether related or unrelated or similar or dissimilar to any of the foregoing, which prevents or hinders delivery or makes fulfillment of this contract impracticable; any of which shall, without liability, excuse Seller from performance of this contract.
LIMITATION OF SELLER’S LIABILITY. Seller shall not be liable to Buyer hereunder, whether in contract, in tort or otherwise, for any damage in excess of the purchase price of the goods with respect to which such damage is claimed. SELLER SHALL NOT BE LIABLE TO BUYER FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SPECIFICALLY INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, AND BUYER HEREBY WAIVES ANY AND ALL CLAIM FOR SUCH DAMAGES.
DISCLAIMER OF WARRANTIES. Seller expressly warrants that all plants sold hereunder have been state inspected in the field, are true to name, and are disease free. THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE. THIS SALE IS MADE ON THE EXPRESS UNDERSTANDING THAT THERE IS NO IMPLIED WARRANTY THAT THE GOODS SHALL BE MERCHANTABLE OR AN IMPLIED WARRANTY THAT THE GOODS SHALL BE FIT FOR ANY PARTICULAR PURPOSE. BUYER ACKNOWLEDGES THAT HE IS NOT RELYING ON SELLER’S SKILL OR JUDGMENT TO SELECT OR FURNISH GOODS SUITABLE FOR ANY PARTICULAR PURPOSE AND THAT THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. THIS PROVISION SHALL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY WRITTEN INSTRUMENT SIGNED BY SELLER AND BUYER.
Buyer acknowledges that no other representations or warranties have been made to him or relied upon by him, specifically no representations or warranties have been made as to the results of any plantings or the livability of any plants, as growing conditions are beyond Seller’s control and Seller does not guarantee that any plants will live after delivery to Buyer.

Any affirmation of fact or promise made by the Seller shall not be deemed to create an express warranty that the goods shall conform to the affirmation or promise; any description of the goods is for the sole purpose of identifying them and shall not be deemed to create an express warranty that the goods shall conform to such description; any sample or model is for illustrative purposes only and shall not be deemed to create an express warranty that the goods shall conform to the sample or model; and no affirmation or promise, or description, or sample or model shall be deemed part of the basis of the bargain.
INDEMNIFICATION. Buyer, in accepting the goods hereunder, shall be solely responsible for determining the adequacy of such goods for any and all uses to which Buyer shall apply same. Buyer assumes all risks in using the goods and agrees Seller shall not be liable for any loss or damage, directly or indirectly, arising therefrom. Buyer shall, in connection therewith, indemnify, defend and hold Seller harmless from any liability, expenses, costs, damages and/or losses of any kind, including attorney fees, arising out of any injuries to any person or persons, including death, or damage to any property of any kind, and shall satisfy and discharge any judgment obtained against Seller as a result thereof.
ATTORNEY’S FEES. If Buyer fails to pay the purchase price in full by the 10th of the month following date of invoice and this contract is placed in the hands of an attorney for collection, Buyer agrees to pay Seller’s reasonable attorney’s fees and collection costs even though no action or suit is filed hereon.
In the event a suit or action is filed by Seller to collect any sum due hereunder or to enforce any right created hereunder, the prevailing party shall be entitled to reasonable attorneys’ fees, at trial and on any appeal, and in any bankruptcy proceeding.
APPLICABLE LAW. This contract shall be construed and enforced in accordance with the laws of the State of Oregon. The parties agree that any suit or action relating to this contract shall be instituted and commenced in the courts of the County of Washington, State of Oregon and each party hereby waives the right to change such venue.
ENTIRE AGREEMENT. THIS DOCUMENT IS THE ENTIRE, FINAL AND COMPLETE AGREEMENT OF THE PARTIES AND SUPERCEDES AND REPLACES ALL WRITTEN AND ORAL AGREEMENTS HERETOFORE MADE OR EXISTING BY AND BETWEEN THE PARTIES OR THEIR REPRESENTATIVES. ANY AND ALL REPRESENTATIONS, PROMISES, WARRANTIES OR STATEMENTS BY SELLER’S AGENTS THAT DIFFER IN ANY WAY FROM THE TERMS OF THIS WRITTEN CONTRACT SHALL BE GIVEN NO FORCE OR EFFECT.
.MODIFICATION. No modification or amendment of this contract or any covenant, condition or limitation herein contained shall be valid, unless the same be in writing and signed by both parties.
COMMERCIAL PURPOSES. Buyer covenants that the goods purchased hereunder are not bought for personal, family, or household purposes, but are bought for commercial or business purposes. Seller makes no warranties, express or implied, including the warranty of merchantability and fitness for a particular use or purpose, to consumers, as defined by the Magnuson-Moss Warranty Federal Trade Commission Improvement Act, that may eventually purchase the goods from Buyer.
SUBSTITUTIONS. Seller reserves the right to substitute one grade size up or down, without customer notification, if variations in growing conditions necessitate such a change.
15. EQUAL OPPORTUNITY. The seller warrants that all goods and services are produced in compliance with all government equal opportunity regulations, executive order and civil rights laws, and that all facilities are non-segregated. Seller shall provide any documents necessary as required to prove and give evidence of compliance with the Equal Employment Opportunity clauses prescribed by Executive Orders regarding nondiscrimination because of race, creed, color, sex, age, national origin, religion, physical or mental disability or veteran status.