JOHN L CARTWRIGHT NURSERY, LLC                     TERMS & CONDITIONS


MINIMUM QUANTITIES: The minimum for field grown trees and shrubs is (10) per variety.


TERMS of PAYMENT (Wholesale Nursery): We require 50% down payment on each order before that order will be processed. Balance will be due upon delivery plus freight if applicable. After we receive the 50% down payment, you will receive an order confirmation via email.


CLAIMS: Claims for damage, shortage, or any other immediately recognizable reason
must be made directly to us upon delivery by telephone (931-668-4576)  fax
(931-668-7248) or Email (jcartwright@blomand.net) Any claims after 24 hours will not be acknowledged.


CONDITIONS OF SALE: We assume no responsibility after stock leaves our nursery. Plants damaged in transit by delays, neglect of carrier, or any other cause beyond our control is at your risk and is between you and the carrier. With proper notice of error, our liability is confined to replacement or refund. Customers should examine and count all materials upon receipt of shipment. No claim will be honored unless it is made in writing on the Bill of Lading upon receipt of the shipment. We request that you notify our Claims Department immediately by phone before the delivery truck leaves your premises, otherwise claims will not be recognized.
Plants travel at purchaser's risk and expense. All sales are made with the understanding that we shall not be liable for shortage in event of crop loss or damages from causes over which we have no control. We promise to ship true to name healthy stock bearing a state nursery certificate. We cannot guarantee plants to grow because we have no control over the plants after they leave us. All nursery stock is sold subject to the standard no-warranty clause; "We give no warranty expressed or implied, as to the description, productiveness, or any other matter, of any nursery stock, seeds or bulbs we sell. We shall in no case be liable for any sum greater than the amount originally received for any stock." Any dispute arising out of the sale of these goods shall be arbitrated exclusively in the Chancery Court of Warren County, Tennessee, and the State of Tennessee shall be the forum for any and all litigation that may arise from any sale of goods by the seller. Either party not prevailing in such action shall be liable to the prevailing party for reasonable attorney fees.


CANCELLATIONS: Any cancellations must be made in writing and received prior to digging. There will be no refund of deposits made on any orders cancelled or refused after the stock has been dug.


TRANSPORTATION: When stock is turned over to the carrier for shipment, our
responsibility ends. All stock travels at the purchaser’s risk. If a shipment is damaged
upon arrival, secure proper notation on freight bill and file a claim with carrier.


INSPECTION: Our nursery stock has been inspected and approved for shipping by our State Department of
Agriculture.


LOCATION: Our nursery is located at 973 Turners Bend Road in McMinnville, TN. Visitors
are welcome. Appointments should be made for all visits.


WHOLESALE CUSTOMERS ARE RESPONSIBLE FOR UNLOADING TRUCKS.
DRIVERS ARE NOT REQUIRED TO ASSIST.