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PolicyTitle

Policy & Procedure Index

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Compliance with the American Standard for Nursery Stock
Rusty Oak Nursery, Ltd. makes every effort to sell nursery stock which complies with the standards found in the most recent edition of the American Standard for Nursery Stock published by the ANLA (the “Standard”). The principal function of the Standard is to help buyers and sellers of nursery stock communicate with confidence by using a comprehensive and consistent set of measurement and specification nomenclature.  Compliance with the Standard is an assurance that you receive nursery stock which is consistent and which has been measured, sized, and prepared for shipment in the manner you expect. Return to Top

Prices
Prices listed are for the nursery trade in the United States.  All prices herein are F.O.B. Rusty Oak Nursery, Ltd., Valley City, Ohio.   This list cancels all the previous prices quoted or offered by us. Prices are subject to change without notice and, though we make every effort to publish our correct prices, we are not bound by any inadvertent clerical errors in the printing of our price lists or availability lists.   In the case of B&B material, prices include machine balling, and burlapping in wire baskets, unless otherwise stated. Return to Top

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. Return to Top

Order Policy
Orders booked are subject to being rendered void in whole or in part in the event of crop losses, or lack of stock due to other causes over which we have no control.  All orders are subject to acceptance by the our Valley City office.

Ship dates on Acknowledgments and/or Confirmations are approximate dates on which the material ordered will be available for pick up or delivery.  Although we make every effort to meet your requested ship date, it is impossible to guarantee shipping dates because of unpredictable weather and changing growing conditions. 
 
Customers may tag or request us to specifically tag plant material in advance for pick up or delivery.  Orders that are tagged will be held for no more than 7 Days before being returned to inventory for sale.  

Custom dug orders for established customers must be picked up within 7 Days of notification.  If not, all future custom dig orders for that customer shall require full payment in advance of digging.  Custom dug orders for new customers require a down payment of 25% before digging will commence.

Quantity rates apply to quantities shipped per pick-up or delivery, not per quantity ordered.  Return to Top

Cancellations
All orders cancelled after material is specifically dug and/or pulled shall be charged a 10% restocking fee. Return to Top

Customer Safety
If your clients wish to visit our facilities, they must be accompanied by you, our customer.  You must escort them through the nursery and be available to answer any questions they may have.  Return to Top

Pick-Ups
We invite customers to pick up their own stock. Customers may make their own selection, or request that we select the stock to meet their specifications. Our staff will load and tarp all orders.  Please remember…it is the responsibility of the customer at time of pick up to provide a tarp that is suitable to cover and protect the plants that are being loaded from windburn and excessive drying during transport. Return to Top

Delivery Service
If pick-up is not convenient, we can quickly arrange handy, on-the-job delivery of our stock to your location or a customer’s site for a very reasonable cost.

When RON trucks are used, delivery charges are $200 for local deliveries within a 50 mile radius. If the destination exceeds fifty miles, the charges are calculated at the market rate per loaded mile with a minimum of $200 per delivery. Plant deliveries are tailgate only.  Our driver is responsible for the untarping of the plant material at the delivery site.  Customers are responsible to provide labor and equipment, if necessary, for the actual unloading of all material unless specific arrangements have been made with our office regarding our unloading service.  These delivery charges are included on the customer’s invoice.

When outside common carriers are used, freight will be quoted to the customer based on the carrier’s prevailing rates and shall be payable upon delivery directly to the carrier. All shipments travel at the purchaser’s risk and expense.  We exercise the greatest care in loading your order and our responsibility ceases when we deliver, in good order, the goods to the common carrier. We are not responsible for delays or damages in transit.  Plant deliveries are tailgate only.  The trucker is responsible for the untarping of the plant material at the delivery site.  Customers are responsible to provide labor and equipment, if necessary, for the actual unloading of all material. Return to Top

IN FAIRNESS TO OUR TRUCK AND/OR THE COMMON CARRIER DELIVERING THE LOAD AND TO OUR NEXT SCHEDULED DELIVERY, THE CUSTOMER IS RESPONSIBLE FOR UNLOADING THE PLANT MATERIAL IN A TIMELY MANNER.  IF UNLOADING TIME EXCEEDS 2 HOURS AFTER THE TRUCK’S SCHEDULED ARRIVAL TIME, THE CUSTOMER SHALL BE CHARGED DEMURRAGE AT THE RATE OF $50 PER HOUR FOR EVERY HOUR OR PART THEREOF OVER THE 2 HOURS ALLOTTED. Return to Top

Unloading Service
For times when your equipment is not on-the-job available, we offer helpful unloading service for local deliveries. We will provide our skidloader to drop the plant material on site or directly into your pre-dug holes (within reasonable distance) for an added affordable $200 per load. Any protection necessary to prevent skidloader rutting must be supplied and positioned by the customer and it is hereto mutually agreed that the customer indemnifies Rusty Oak Nursery, Ltd. against any and all damages done by our unloading equipment. Return to Top

Payment Options

All sales are on a COD basis until credit has been approved.

For Your Convenience We Accept
VISA, MasterCard and American Express.

Cash, authorized business checks, debit cards, MasterCard, VISA and American Express Cards are gladly accepted.   

NOTE: MasterCard/Visa/American Express may be used within 15 days of invoice date with no surcharge.  Thereafter, a 3% surcharge shall be automatically made for all credit card payments to offset the merchant fees charged to us by the credit card company. Return to Top

Credit Accounts
New customers are COD for a minimum of three months.  Persons wishing to establish credit with us must complete and sign our credit application before credit can be considered.  Credit applications not signed in all designated spaces will not be processed for terms.  The length of time it takes to process an application depends upon the response time of the references given on the application.  Credit is approved for only those customers with established verifiable credit records for prompt payments.  For customers with approved credit, payment is due according to our regular terms which are net 30 days from date of invoice.  On all overdue accounts, interest shall be charged at the rate of 1 ½ % per month, totaling 18% per annum. Return to Top

Accounts over 30 days past due or those with unpaid interest charges will revert to a strict C.O.D. basis.  Accounts will be reviewed before credit can be re-established.  If an account is turned over to an attorney or agency for collection, purchaser agrees to pay all legal and/or collection costs. More information is available through our credit department. Return to Top

Returned Check Policy
A $30.00 service charge will be made for all checks that are returned NSF. Return to Top

Sales Tax
For all purchases, sales tax will be collected in accordance with current rules and regulations unless we have a current completed Sales Tax Exemption Certificate on file at the nursery. Return to Top

Returns
Rusty Oak Nursery, Ltd. 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. Return to Top

Limited Warranty
Nursery stock from Rusty Oak Nursery, Ltd. has been inspected by the Ohio Department of Agriculture Division of Plant Industry in compliance with Section 927.59 of the Revised Code of Ohio.  Rusty Oak Nursery, Ltd. expressly warrants that all plant material purchased will be true to name and healthy when it leaves the nursery.  Rusty Oak Nursery, Ltd. also holds itself in readiness, on proper proof, to replace all such nursery stock that may prove otherwise with a comparable plant or with plants of an equivalent value or to refund the amount originally received for said nursery stock at our discretion.    Rusty Oak Nursery, Ltd. expressly disclaims any other warranty, expressed or implied, including, but not limited to, any warranty of merchantability, any warranty of fitness for intended use or particular use, any warranty as to productivity or growth, any warranty as to results secured in transplanting, any liability for delay or failure to deliver for any reason beyond our control, any liability for damage incurred as a result of transplanting or for any other consequential damages.  This warranty does not cover plants that do not survive due to failure to provide normally accepted horticultural planting care and maintenance.  This warranty does not cover products that were picked up and not properly covered with a suitable tarpaulin or other approved covering during transit. This warranty also does not cover any plant material which the customer requests to be dug even though they have been formally advised that it is considered to be a HAZARDOUS  dig.  This warranty is not transferable and is void if payment is not made in full when due of the full contract price for all nursery stock shipped.  By mutual agreement, our maximum liability for error or other causes is confined to a one-time replacement with a comparable plant or with plants of equivalent value or refund/credit of the amount originally received for said nursery stock at our discretion. Return to Top

Claims
All Claims must be made in writing within 10 days after receipt of the stock.  Failure to present such claim within said 10 days shall constitute a waiver of such claim.  All claims are subject to Management approval. 

Claims regarding incorrect counts or breakage will receive consideration only when made in writing on the Bill of Lading or Customer Invoice and signed by the customer and the Rusty Oak Nursery, Ltd. driver or the common carrier at time of delivery.    A call must also be made by the customer to the nursery at the time of delivery to inform us of any claims.  Damaged plants must be returned to the nursery if credit is desired.    If the driver or common carrier cannot accept the nursery stock to be returned because of his routing schedule, a call must be made to the nursery at the time of delivery for instructions regarding the stock to be returned. 

Claims regarding non-viable plants and any other requests for adjustments that cannot be attested to by the driver or common carrier will receive consideration only when made in writing accompanied by colored photos within 10 days of delivery.  We also reserve the right to inspect the plants subject to the claim.  A call must also be made by the customer to the nursery at the time of delivery to inform us of the circumstances.  Failure to comply with the above procedure shall void any claims for credit or refund. 

We shall in no case be liable for any sum greater than the amount originally received for said nursery stock. Return to Top

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 venued in Medina County, Ohio. Return to Top

Acceptance: Conflict of Terms
Acceptance of delivery of the plant material shall constitute Buyer’s agreement to the terms and/or conditions set forth in this document.  Notwithstanding any provisions therein to the contrary, no terms and/or conditions in Buyer’s purchase order, acknowledgment form, confirmation, or contained in any other document of the Buyer which conflict with the terms and conditions herein, or increase Seller’s obligation hereunder, shall be binding on the Seller unless specifically identified and accepted in writing by an executive officer of Seller, and, until such acceptance is given in writing, any such terms and/or conditions are rejected and of no effect. Return to Top