By placing an order, you signify your acceptance of the following Terms of Sale. Please take a moment to read through our terms and policies.
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Terms and Conditions
1. TERMS AND CONDITIONS OF PAYMENT: Terms are cash on delivery unless buyer has obtained prior credit approval. A service charge of 1.5% per month (18% per annum) shall be paid on all past due accounts. In the event it becomes necessary for Devil Mountain Wholesale Nursery (Devil Mountain) to file suit to enforce payment of past due amounts, such suit may be brought in Contra Costa County, California, at the option of Devil Mountain. Devil Mountain shall be entitled to collection fees, actual attorney fees, court costs and service charges at 1-½ % per month (18% per annum), or such other legal maximum rate as is allowed in any other than the state of California, on all amounts found to be due and payable. All purchases are deemed made and payment is due at principal place of business of Devil Mountain in San Ramon, California.
2. NON-WARRANTY: Warranty of goods is neither express nor implied, as to variety, description, life, or productivity of any nursery stock.
3. Devil Mountain assumes no responsibility for plant performance to any customer (either direct or indirect). Any claims as to condition of material must be made at the time of delivery. After material has been accepted in good condition, we cannot be responsible for improper handling, planting, exceptional weather, lack of proper maintenance, or any contingency beyond our control. Plants are not guaranteed to live, and our liability in all instances is limited to the purchase price.
4. Buyer acknowledges, guarantees and warrants to Devil Mountain that the person signing this contract, any future invoices evidencing materials purchased pursuant to this contract, any shipping document, delivery order or receipt is a person authorized to sign the same. In the event the buyer wishes to specify or limit persons in authority to order and purchase on their behalf, it shall be the buyer’s responsibility to submit and update such a list in writing.
5. Financial statements, credit information supplied by buyer or by others on behalf of buyer, and agreements, are a part of this contract. Any false or misleading information constitutes a fraudulent misrepresentation.
6. As a matter of course, PRELIMINARY NOTICES are filed on many orders delivered from our nursery. Please be prepared to provide the required information prior to delivery, and preferably, at the time that you place your order.
7. Delivery is curbside and requires customer assistance to unload. Our drivers will not “spot” plants in the yard. Delivery is provided at a charge based on the delivery location and order composition. The delivery must be received by a member of the company who has ordered the material. A signature is required to confirm that the correct quantities and plants have been received and accepted in their current condition. Up to 20% of invoice unloading fee will be assessed to all deliveries where adequate unloading assistance is not provided. 36” box or larger material requires special equipment to unload. Arrangements must be made prior to delivery. A Devil Mountain operated crane truck is available for an additional fee, or customer must provide their own equipment. Customers without credit accounts must place at least a 50% deposit before delivery.
8. All deliveries are made based on subjective schedules, and all promises of shipment or delivery are approximated as closely as possible by Devil Mountain, but in no event will Devil Mountain assume any responsibility for delays in shipment or delivery, and shortages due to causes beyond our reasonable control.
9. RETURNED CHECKS are subject to $25.00 returned check fee in ALL instances.
10. CANCELLATIONS: Plants that are in basic stock, have been pulled, and are then canceled are subject to up to 50% restocking fee. Brokered plant material purchased to fulfill an order and then later canceled are subject to a 100% restocking fee.
11. RETURNS: We do not accept returns of annual color, 4” plants, groundcover flats, any plants that have been planted, or special order items. If canceled or returned, these items will incur a 100% restocking fee. All return stock must be healthy and undamaged, in the original containers, within 2 weeks of the purchase date. Exceptions must be approved by a manager. A minimum of 10% and up to 50% restocking fee will be charged on all returns. All inquiries for replacement or credit must be made by a qualified company; no credit will be given directly to our client's customers.
12. PRICES: All prices are subject to change without notice.
13. All sales are made pursuant to these conditions, and all orders are received with the understanding that they are placed under these conditions.