Terms and Conditions

CONDITIONS OF SALE:

All prices are effective January 1st of the current year and cancel all previous prices. Placing a SALES ORDER, converting a QUOTE to a SALES ORDER or TAGGING of plant material is a commitment from you to purchase the plants. We will hold the plants on your order for 30 days (please refer to SALES ORDER HOLDING POLICY). Prices are subject to change without notice. QUOTED plant material will not be held until it is made into a SALES ORDER.

QUALIFICATIONS FOR WHOLESALE PURCHASING:

Millican Nurseries will sell only to the trade at wholesale prices. Those qualifying for wholesale include businesses selling, growing or installing nursery stock and county, state or federal agencies. For your protection, your customers will be admitted to the nursery only when accompanied by a representative of your firm, and appointments must be made in advance. Millican Nurseries, LLC reserves the right to refuse service to any business or person who has outstanding fees or delinquent payments with the nursery.

HOW TO ORDER AND PURCHASE MATERIAL:

Quotes will be provided upon request. Quoted prices shall remain firm for 30 days. Orders should be e-mailed or phoned to insure availability. If an order is not placed prior to visiting the nursery, availability will need to be checked before material can be purchased. When plants are placed on a sales order, they are removed from inventory making them unavailable to others for a 30-day period, after which a 25% non-refundable deposit will be required to hold plant material longer.

SALES ORDER HOLDING POLICY:

We will hold sales orders for 30 days from point of sale as a courtesy to our customers. Early season sales orders placed between January 1-May 31, will be held until June 30th with no deposit needed to allow for plant arrival.

Beginning June 30th, all open orders of $2,500 or less aged over 30 days will need to be paid in full to continue to hold the plants. Orders greater than $2,500 will require a 25% non-refundable deposit to continue to hold plants. Should the deposit not be received within 7 days of the due date, the plants on order will be released back into inventory for sale.

September 1st, all outstanding orders over 60 days must be paid in full or plants will be released back into inventory and any deposit will be forfeited.

December 15th, all outstanding orders will be cancelled. All deposits will be forfeited and cancellation fees will be charged.

The plants originally tagged and/or placed on order will be the plants you receive. Depending on the length of time plants have been held at the nursery, plant condition can change. Understand that plants are perishable. Some plants will thrive better than others. We will not substitute for condition. It is possible a plant could fail in the row or in rare instances, be damaged during nursery operations. Should a plant be lost or damaged, we will do what we can to replace it should a replacement be available.

SPECIAL-ORDER PLANTS:

All special-order material will require a 50% non-refundable deposit prior to being ordered. Once the material arrives at our nursery it must be picked up or delivered within 7 days. After 7 days, without prior arrangements, any special-order material will be released for sale and the deposit shall be forfeited. All special-order plant sales are final.

TAGGING AUTHORIZATION:

Appointments must be made in order to tag. Only individuals employed or authorized by your company may tag plant material on your behalf. A signed tagging authorization form listing the people you elect to tag for your company must be on file before we will allow them to tag plant material on your behalf. Your company will be responsible for all plant material tagged by those individuals you have authorized to tag on your behalf. Tagging plants is a commitment by you to purchase them.

Under NO circumstances will we allow your clients to visit the nursery or to tag plant material on your behalf. An authorized representative of your company MUST be present.

RETURN POLICY:

It is our policy not to accept returned items. Under special circumstances, some items may be accepted for return, but a 10% restocking fee will be charged. No returned plant material will be accepted after 48 hours of the sale under any conditions.

CANCELLATION POLICY:

Orders cancelled after the 30-day holding period will be charged a 10% re-stocking fee. Orders cancelled within 48 hours of a scheduled delivery or pick up will be charged an additional 15% for handling and/or unloading for a total of 25%.

RESCHEDULING POLICY:

Orders rescheduled within 48 hours of a scheduled delivery or pick up will be charged a rescheduling fee of 15% of the plant order total for unloading or holding plants at the loading dock. Orders will only be held at docks for up 7 days after which the order will be cancelled and an additional 10% cancellation fee charged for a total of 25% should no other arrangements be made.

TERMS:

We accept cash, Visa, Discover, MasterCard, American Express and company checks with proper identification. A $25 fee will be charged for any returned check. For customers with established credit, and a record of prompt payment, the following terms are extended: invoices are payable in full 30 days from the date of invoice. A charge of 1.5% per month will be added to unpaid balances after 30 days without exception. The purchaser agrees to pay all costs of collection including reasonable attorney fees. All first-year customers are COD.

NURSERY VISITS:

You are always welcome to visit the nursery to view, take pictures, or tag your own plants when the nursery is open for business. We ask that you call at least 48 hours prior and make an appointment. It is also advised that you send a plant list at that time so we can have a location sheet ready for your arrival. You are welcome to bring a guest or client. Please be prepared to walk and we ask that you do not bring dogs. Should you wish for a sales person and a ride for your visit, an appointment MUST be made. Rides with a sales person are not available on Mondays or Saturdays. Guided visits are limited to one hour. Vehicles and staff are limited, so appointments are allocated on a first come, first served basis. Under no circumstances are rides or escorts available to walk-in visitors.

GUARANTEE:

All plants are guaranteed to be healthy at the time of tagging. There is no warranty as to the productiveness of the stock or for problems resulting from transplanting. Claims must be brought to our attention within 48 hours of receiving your plants. No claims will be considered on past due accounts or to anyone except the original purchaser. We accept no responsibility for guarantees our customers give to their customers. In all cases, the original prices shall be the maximum damages to which the purchaser is entitled, and will consist of credit, or replacement of the stock at our discretion. Under no circumstances will any winter-killed plants be discussed.

Customers who are picking up their own plant material must supply their own plant tarps to prevent drying out of plant material; plastic tarps and bedsheets are NOT plant tarps. No claims will be considered, if nursery stock is transported without proper protection. We reserve the right to refuse loading material into inappropriate vehicles or undersized trailers. This includes putting B&B material into cars, vans and SUV's. It is the responsibility of the customers driver to know the weight capabilities of their vehicle and trailer. The nursery will not take responsibility for over-loaded vehicles.

MARKETING AGREEMENT:

By becoming a customer, you understand and agree that Millican Nurseries LLC is granted permission to use your contact information for our own marketing purposes, including for sending email advertisements if you have provided an email address. You may opt out of electronic communications at any time by indicating your preference in writing. You may opt out at MNISales@MNIPlants.com

Millican Nurseries will not sell or distribute your information to any third parties.

CHILDREN AND ANIMALS:

We like both but neither belong in a busy wholesale nursery yard. If you do bring a child with you, he or she must be hand held while in the nursery. Dogs are not allowed.

NATIVES AND IMPROVED CULTIVARS:

With more landscapes moving towards the use of native species we have decided to note in our catalog those varieties we believe to be indigenous to New England. We have labeled each variety with native or improved natives for cultivars/hybrids of the species. Our information has been sourced from several listings and notes species native to New England over the past 200 plus years. Native and improved native designation in no way implies that plants were propagated or grown in New England.

HARDINESS AND MATURE SIZE:

In quoting hardiness and mature size, we have utilized the Manual of Woody Landscape Plants, sixth edition by Professor Michael Dirr and information from nursery growers throughout the U.S. Both hardiness and mature size can vary according to planting conditions, winter severity, etc.

This information is intended only as a guide.