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VIS Seed Company, Inc. - Business Terms

Prices and Discount:
Effective June 1, 2008 purchases will be charged at the prices quoted and in this price list at the sizes offered. Prices quoted are Net. VIS expects to adhere to the prices quoted herein; however, since these prices may be affected by causes beyond control, VIS reserves the right to change these prices at any time effective immediately without written notice. Minimum quantity listed for each variety is the smallest amount available at wholesale.

Payment:
VIS Seed accepts VISA, Master Card, American Express and Discover. Please contact us for additional payment information including terms.

Credit Accounts:
In order to establish a credit account with VIS, a minimum opening order of $50.00 or more is required. Terms are 3% 10 days, net 30 days. No cash discounts may be taken if any prior invoices older than 10 days are outstanding. A service charge of 2% per month (an annual rate of 24%) or the maximum permitted by law will be charged on past-due accounts. New credit customers, unless satisfactorily rated by commercial credit agencies, should furnish us with three trade references and addresses, and allow about two weeks for a credit check. We advise new accounts to send cash with order if merchandise is needed immediately.

Shipping & Handling:
A charge of $7.95 per order, for shipping and handling will be added to orders totaling less than $250.00. Shipment will be made by UPS or USPS, whichever is more economical. To avoid unnecessary second delivery charges, please be sure someone is present to accept shipment when merchandise is delivered.

Please Note:
The number of seeds per ounce for varieties listed is approximate, and will vary from year to year. Height, flower size, days to germination and/or maturity are based on location, season, type of soil and cultural practices.

VIS Guarantee:
We guarantee seeds to the full amount of the purchase price. Seeds are guaranteed for vitality and purity. Even with the highest quality seeds, success in growing depends largely on cultivation, soil and weather conditions. Therefore, in no case shall VIS SEED COMPANY, INC. be liable for more than the amount actually paid us for the product

Warranty:
VIS SEED COMPANY, INC. shall not be liable for loss due to strikes, fires, delays of carriers, acts of government, acts of God, or any other causes beyond our control. In lieu of all other warranties, expressed or implied, VIS warrants to the extent of the purchase price that the seeds, bulbs and plants sold are as described on the container within recognized tolerances. VIS EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. Under all circumstances and regardless of whether the claim is based on contract, negligence, mistake, omission, or otherwise and regardless of the extent of the loss, VIS’s liability is limited to the purchase price of the product purchased from us. Under no circumstances shall VIS be liable for consequential damages or loss of profit. As a condition to such liability, we must receive notice, preferably by Registered Mail, within thirty days after any defect in the seeds or bulbs becomes apparent that same are defective.

General Conditions:
VIS reserves the right to discontinue, for a time or permanently, its sales of any product or particular package sizes thereof. In the event of product shortage, VIS may allocate available product among its customers in any reasonable manner determined by VIS in its sole discretion. VIS may at any time include in or add to the price, any and all increases in tax, excises or other charges imposed by law, on or incident to the production, sale, transportation or use of the products ordered hereunder.

Credit:
In the event any customer fails to fulfill the terms of payment as specified on the invoice or in the event VIS shall in its sole discretion have any doubt at any time as to a customers financial responsibility or credit standing, VIS may decline to make further deliveries hereunder except on receipt of cash or satisfactory security. VIS may defer further shipments, impose a service charge of the maximum permitted by law or take any other legal remedy available to it in the event amounts hereunder are not paid.

Accounts over 90 days will automatically be turned over to our collection agency for processing.

Acceptance of customer’s order is expressly made conditional on customer’s assent to the terms and conditions provided hereon.