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Purchase Agreement


By accepting delivery of any product delivered from Willis Orchard Company, you ("Customer") agree to be bound by the terms and conditions listed below. You and WILLISORCHARDS.COM agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and WILLISORCHARDS.COM. In addition, these terms and conditions are subject to change at any time as deemed necessary by Willis Orchard Company.


1. WILLISORCHARDS.COM REPLACEMENT GUARANTEE ("FRIENDLY GUARANTEE")

WILLISORCHARDS.COM offers our customers a 1 year replacement guarantee on all bare-­root trees that do not survive due to natural causes within 1 (one) year of purchase except: Any item purchased and requested to be shipped to an area not within the recommended USDA zone is not covered by this guarantee and its terms. Annual plants, such as Strawberries, are not guaranteed. Also, a replacement claim for item/s of $17.50 or less in value, as well as all B&B Trees, will receive an in-store credit or a gift certificate for the value of the item/s to be redeemed on your next purchase. (Purchase must meet our minimum order) (In-Store Credit and Gift Certificates do not have an expiration date.) (We do not offer refunds for replacement warranty claims on bare-root trees.) (Depending on the replacement item, Willis Orchard Company may need to charge a shipping fee to be determined at the time of fulfillment of the replacement.)


1a. Beginning Fall 2010, we are offering Balled and Burlapped Trees (B&B) to be delivered via FedEx Freight on pallets. Unlike bare-root trees, the B&B trees have an intact root-­ball of soil. The tree will have less stress during transplanting due to less disturbance of the root system. However, we will still offer a 1 year warranty on our B&B trees. But instead of replacement of B&B trees, we will only be able to give 100% Tree Cost and In-Store Credit on your next purchase or a Gift Certificate for 100% of the tree cost. A B&B Tree In-Store Credit or Gift Certificate will not have an expiration date. (We do not offer refunds for warranty claims on B&B Trees.)


2. If your tree dies within one year of the purchase date, simply return the bottom half of the tree or plant item, within the year, with proof of purchase and a new item will be returned to you, at our cost, at the next recommended planting period. (All returned items must be individually marked and identified or it will not be replaced.) We realize that circumstances occur so that you may misplace the original invoice form that comes on the package, within the span of one year. Therefore, proof of purchase may be a copy of the original invoice form, a copy of your credit card statement, a copy (front and back) of your check payment, or simply include the name and address of the person in which the order was shipped and/or billed.


3. Customer is solely responsible for shipping any returned product to WILLISORCHARDS.COM. Customer agrees to bear all shipping and insurance charges and all risk of loss for the return product during shipment.


4. WILLISORCHARDS.COM will not issue a refund to Customer for trees that do not survive within the first year but we will offer replacement of the bare-root plant/tree and in-store credit or gift certificate for B&B trees, at the next appropriate planting period. (We, as well as U.S.D.A. Experts, strongly discourage transplanting deciduous trees during their growing period during late spring, summer, and early to mid-fall.)


5. WILLISORCHARDS.COM does not issue refunds for the shipping cost for any items refused upon delivery, returned after accepting delivery, or for orders canceled after shipping from our warehouse has already occurred.


6. WILLISORCHARDS.COM charges a 20% restocking fee for all items refused at delivery, returned after accepting delivery, and/or for orders canceled after shipping from our warehouse has already occurred.


7. WILLISORCHARDS.COM offers a 1 (one) time replacement for any or all items from 1 (one) purchase within 1 (one) year from the date of that purchase. These dates are kept internally in the company's database and are also visible on the invoice attached to the box the order was shipped in. Any items from a single purchase that are sent back for replacement after a replacement order has already been fulfilled for that single purchase, will be charged for shipping for that second replacement item. Therefore, we recommend waiting until late summer to evaluate your trees and then claim your 1 year warranty.


8. In general, any item discounted from the regular published price, at the time the order is placed is void of any guarantee.


9. Our replacement policy is valid item for item. To up-size or exchange for another item is only redeemable for 1/2 (half) the dollar amount of the original item and additional shipping costs may apply for substitutes of larger items.


10. Customer must bring any dispute or discrepancy to the attention of Willis Orchard Company (in writing via mail, e-mail or fax) within 3 (three) days of delivery of goods. After such time, Customer forfeits the right to make any future claims or file any grievances concerning their goods received. Exceptions to this rule apply to any item that does not produce the particular varietal specified on the original invoice attached to the order's box. In this case, documentation, photos and/or the opinions of the local county Agricultural Agent must be presented. Any further action is at the sole discretion of Willis Orchard Company. In the unlikely event that this should occur, a replacement item will be given at no cost to the Customer, not a refund.


11. All orders are custom made and unique to the individual order and are charged at the time the order is placed by the Customer. The price of an item is final and binding as listed at the time the order is placed. Any price increases or decreases for any item is non-applicable and/or non-refundable. Accordingly, all sales are final when payment is received.


2. GENERAL TERMS AND CONDITIONS

Payment Terms; Orders: An order is not binding upon WILLISORCHARDS.COM until it is accepted; WILLISORCHARDS.COM must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with WILLISORCHARDS.COM. Orders made by phone or by online purchase will be charged the same day and will be shipped at the appropriate planting time, unless otherwise arrangements are made prior to ordering.


Cancellations; If a customer cancels an order within 24 hours of being placed, they will receive a full refund. Orders canceled after this period, but prior to shipping will incur a 10% clerical fee.


Shipping Charges; your total cost for purchase of any product will include shipping and handling charges shown on the WILLISORCHARDS.COM invoice.


Governing Law and Jurisdiction / Chargeback Agreement

Any dispute arising out of or related to these Terms and Conditions or the sales transaction between WILLISORCHARDS.COM and Customer shall be governed by the laws of the State of Georgia, without regard to its conflicts of law rules. WILLISORCHARDS.COM and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Georgia, Bartow County, to resolve any dispute between them related hereto, and the parties waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against WILLISORCHARDS.COM that is more than one year after the date of the applicable invoice. The Customer also agrees not to attempt credit card chargeback after three days of receipt of goods. Customer should bring any dispute or discrepancy to the attention of Willis Orchard Company within 3 (three) days of delivery of goods. Any dispute or discrepancy that arises should be formally documented in writing or email, as well as by phone.


Entire Agreement

These terms and conditions, together with WILLISORCHARDS.COM's invoice regarding the products ordered by Customer, are the complete and exclusive agreement between WILLISORCHARDS.COM and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between WILLISORCHARDS.COM and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.


Page last updated: 02/25/2016 at 9:05pm