Terms & Policies
Save on orders of 5,000 OR MORE TREES
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On Orders Above 5,000 Trees
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IN YOUR SUCCESS!!!
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Plant Patent Rights
U.S. plant patent laws prohibit the propagation of patented plant materials for personal use or for sale.
The life of the patent is 17 years. Permission must be obtained in writing from Columbia Basin Nursery, LLC, prior to topworking or propagating our patented varieties.
Columbia Basin Nursery, LLC, warrants the trees to be alive,
true to name, and in good condition. If trees arrive damaged, or
they do not appear to start properly, please call us at once. We
may be able to help you with the problem! It takes the team effort
of both the grower and the nursery to successfully transfer the
dormant trees through the transplanting process. If the trees fail
to grow with proper care on your part and replacements are needed,
Columbia Basin Nursery, LLC, will either replace trees or refund original purchase price of trees at the option of the buyer.
All claims of tree loss must be reported prior to August 1 following the date of delivery. Under no
circumstances will Columbia Basin Nursery, LLC, be liable for any consequential or special damages or for any amount greater
than the original purchase price of the trees that are in violation of the above warranty.
Columbia Basin Nursery, LLC, will not be responsible for the loss
of trees when the grower stores nursery trees with apples or in
poorly ventilated apple storage rooms, plants new trees into
fumigated ground before soil is free from fumigant which causes
major tree damage or poor tree performance, or abuses the trees by
allowing tree desiccation or weed competition to occur through
poor management practices.
We carefully select our scionwood from mature bearing trees.
However, it is possible that some variations may occur within the
same variety. This non-typical fruit is especially shown in the
color of striped apple fruit varieties and to a lesser extent, tree
growth rates. Environmental and cultural practices, such as
unusually warm weather at picking time, or tip pruning, excessive
fertilization, irrigation and herbicides can affect the color
formation just before harvest. Because of these factors, Columbia
Basin Nursery, LLC, cannot accept responsibility for the finished
fruit color and tree size of any of our nursery stock. We suggest
that you use moderation in your orchard practices and consult your
local county agent and experiment station for fine-tuning your
Disclaimer of Warranties
No express or implied warranties of any kind apply to the plant materials except for the limited warranty set forth on the acknowledgment. All plant material is sold As is and With all faults. Other than the foregoing limited warranty, SELLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Because the productivity of fruit trees is affected by horticultural practices and environmental influences beyond the control of the seller, seller disclaims any and all warranties of productivity including both tonnage and quality. Prior exhibition of a sample packout, block or orchard shall not create an express or implied warranty that the plant material being sold will conform to the sample packout, block or orchard. Unless the plant materials are sold as Certified Virus Indexed seller disclaims any warranty, express or implied, that the plant materials are free from non-visible plant diseases, viruses, insects or other latent defects. Buyer agrees to assume those risks. The limited warranty is void if buyer stores plant material in the boxes or bins in which it was delivered to buyer for more than ten (10) days after the date of delivery. This limited warranty is void as to any tree that buyer de-limbs. No warranty on trees planted between May 1 and February 1.
Buyer agrees to make payment in full on or before delivery unless
prior credit arrangements are made, in which latter event, payments
shall in any event be due within thirty (30) days of date of plant
material invoices. Service charge on overdue accounts will be
charged. A deposit of one dollar and twenty-five cents ($1.25) per tree is required
except on: "if available" items, replacement trees, or upon orders
by government agencies. Buyer's deposit will be refunded in full
as to ordered items we are unable to supply. In the event of
cancellation of an order by Buyer, deposits made hereunder shall
be returned in full if the order is cancelled prior to November
1st of the year prior to delivery, and shall be forfeited as
liquidated damages to the seller if the order is cancelled after
November 1st of the year prior to delivery.
For complete contract terms,
please contact us at 1-800-333-8589.