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Wholesale Warranty

EXPRESSED WARRANTIES

Every Stark Bro's tree and plant you receive is true to name, state inspected, and sent to the customer in healthy condition. Every Stark Bro's tree and plant, if given proper care and attention, will grow.

DISCLAIMER OF IMPLIED WARRANTIES

STARK BRO'S MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EITHER EXPRESSED OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTIABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH EXCEED THE AFORESTATED OBLIGATIONS ARE HEREBY DISCLAIMED BY STARK BRO'S AND EXCLUDED FROM THIS AGREEMENT.

TERMINATION OF WARRANTY

The express warranty that the tree or plant will grow is void in the event the customer does not give the tree or plant proper care and attention which includes but is not limited to, the following: (1) properly protect and care for the nursery stock until planted; (2) dig large holes to accommodate roots in fertile and well drained soil; (3) water at time of planting and in dry weather during the first growing season; (4) properly prune the tree or plant at planting time; (5) keep all weeds or competing material away from trees or plants; and (6) protect the trees or plants from harmful rodents, insects, diseases, sunscald, physiological disorders and mechanical injury. In addition, the warranty is void if a customer places fresh manure, granular fertilizer or any other toxic chemical substance in the hole with the tree roots or stores the trees in areas where ethylene gas from stored fruit is present or applies any chemical not registered for said use.

LIMITS OF LIABILITY

Stark Bro's shall not be liable for breach of any warranty in an amount exceeding the original purchase price of a tree or plant. Customer assumes full risk and liability for the results obtained by the purchase of any trees or plants. No claim of any kind, whether or not based on negligence, shall be greater in amount than the original purchase price of the trees or plants with respect to which such claim is made, and in no event shall Stark Bro's be liable for indirect, consequential, or special damages, whether or not resulting from or caused by the negligence of Stark Bro's. The receipt of replacement stock or refund of purchase price shall constitute a full and complete release of Stark Bro's from any and all liability whatsoever. Warranty does not apply to any stock sold at other than listed prices.

REMEDIES OF CUSTOMER

In the event any tree or plant is mislabled, the company will refund the original purchase price, provided the Company has been notified by November 30 following the first fruiting season.

In the event a tree or plant does not grow, and the customer has notified Stark Bro's before November 30 following planting, we will replace the tree, as soon as replacement nursery stock is available, free of charge to ship with your next order or refund the purchase price. Replacement needs reported after December 1 will be charged at full price.

All replacements will be shipped FOB. Stark Bro's customer pays transportation.

SETTLEMENT OF DISPUTES

Any controversy or claim arising out of or relating to this Agreement shall be submitted to binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Each party shall appoint one arbitrator who in turn shall appoint a third arbitrator and the three arbitrators shall constitute a panel for the resolution of any dispute or claim. A judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. All rights and remedies of the parties shall be governed by the laws of the State of Missouri. In the event a dispute arises between the parties, the institution of arbitration proceedings must be commenced within one (1) year after November 1 following the first fruiting season, but in no event later than four (4) years from date of shipment if the claim is that the tree did not grow. Failure of the customer to institute arbitration proceedings within the applicable period shall bar the customer from bringing any action.

ADDITIONAL TERMS AND CONDITIONS OF SALE

  1. Acceptance at Home Office: It is understood and agreed that this Order shall be binding on Stark Bro's only after execution by an officer or designated employee of the Company at the home office.
  2. Delays in Shipment: All orders are accepted without liability for non performance due to strikes, labor shortages, weather or crop conditions, error in count, delays in transportation or any other condition beyond the control of Stark Bro's.
  3. Substitution Policy: Stark Bro's has implemented strict grading practices and reserves the right to substitute sizes ordered, up or down, by one grade without notifying the customer. The unit price will be adjusted accordingly.
  4. Cancellation Policy: In the event of a customer cancellation of an accepted order after December 1, the customer will pay Stark Bro's as and for its liquidated damages, 50% of the purchase price. Orders canceled prior to December 1st are not subject to penalty. In order to ensure proper handling of your cancellation request, all cancellations must be confirmed in writing.
  5. Credit Policy: Due to the perishable nature of nursery stock, it cannot be returned for credit.
  6. Deposit: A deposit of 25% of the order, is required within 30 days of order processing (including customers with approved credit by Stark Bro's.) In some cases, a larger deposit may be required. Your trees will be allocated to your order after deposit has been received. The availability of tree sizes and quantities may vary after grading. By paying a deposit now, you assure "priority" status once nursery stock is allocated.
  7. Price: All prices quoted are net, FOB. Louisiana, Missouri and are subject to change without notice. Cost of boxing is included in our shipping & handling charges for all orders shipped by us. Packaging for "pick-up" orders is additional. Any and all discounts will be forfeited if invoices are not paid within the stated terms.
  8. Finance Charges: PAYMENT IN FULL FOR THE ORDER IS DUE 30 DAYS AFTER SHIPMENT unless special terms have been arranged prior to shipment. BALANCE THAT REMAINS UNPAID AFTER 30 DAYS FROM DUE DATE WILL BE SUBJECT TO A DELINQUENCY FEE COMPUTED AT AN ANNUAL RATE OF 18% (PERIODIC MONTHLY, 1.5%). In the event the customer does not comply with the payment terms, the customer agrees to pay reasonable attorney fees and court costs should the account be referred to an attorney for collection.
  9. Title to Nursery Stock: Title to the nursery stock shall pass to Customer immediately upon delivery to carrier. Seller has no responsibility for damages to plant materials incurred during shipping when shipped on contract carrier. ALL CLAIMS FOR LOSS OR DAMAGE DURING SHIPMENT ON CONTRACT CARRIER ARE THE SOLE RESPONSIBILITY OF THE CARRIER AND MUST BE PROMPTLY MADE BY THE BUYER WHEN AND AS THE MERCHANDISE IS DELIVERED. Risk of loss is on Buyer from time of delivery of merchandise to contracted carrier.
  10. Variation in Color, etc.: The color, taste, and appearance of a fruit variety at maturity is influenced by many factors other than the inherent genetic characteristics as described in Stark Bro's Fruit Tree Catalog and Guide for Professional Growers. These factors include (1) climate and soil environment, (2) orchard cultural practices such as pruning, fertilization, pest control, application of growth regulating chemicals, tree spreaders, etc. Because of these factors, Stark Bro's does not accept responsibility for the final color, taste, and appearance of any variety.
  11. Prohibition from Use of Patented Varieties and Trademarks: Stark Bro's markets patented varieties and is the owner of registered trademarks, including Stark®, Starkspur®, Starkrimson®, and others. THE CUSTOMER AGREES NOT TO USE A STARK TRADEMARK OR SELL OR PROPAGATE ANY PATENTED VARIETY USING ASEXUAL REPRODUCTION TECHNIQUES WITHOUT A LICENSE FROM STARK BRO'S.
  12. Governing Law: This agreement is governed by the laws of the State of Missouri.
  13. Entire Agreement: This contract constitutes the entire agreement between the customer and Stark Bro's with respect to the sale and delivery of nursery stock. NO VARIATION OR MODIFICATION OF THIS CONTRACT OR THE FOREGOING LIMITED WARRANTY AND NO WAIVER OF ANY OF ITS PROVISIONS OR CONDITIONS SHALL BE VALID UNLESS IN WRITING AND SIGNED BY DULY AUTHORIZED REPRESENTATIVES OF STARK BRO'S AND THE CUSTOMER. The customer further agrees that the "ORDER CONFIRMATION" for this order shall be evidence of acceptance by Stark Bro's and the customer of the LIMITED WARRANTY and the ADDITIONAL TERMS AND CONDITIONS OF SALE. In consideration of the mutual promises and covenants contained herein, Stark Bro's agrees to furnish the customer the varieties named in this purchase order. STARK BRO'S LIMITED WARRANTY TO WHOLESALE ORCHARD & GARDEN CENTER CUSTOMERS.

Stark Bro's Wholesale

Contact Information

Phone
800.435.8733
Email
commercialsales@starkbros.com
Fax
573.754.3701

Wholesale Office Hours

Monday - Friday
7 am - 4:30 pm

Order Requirements

All wholesale orders must meet a 50-tree minimum, 10 per variety. Orders of fewer than 10 trees per variety are available for an additional fee.

DEPOSIT REQUIREMENTS*

In-season:
25% required with order
Pre-booked:
25% required within 30 days of order
* Includes Stark Bro's credit customers