Golden Gate Palms & Exotics Nursery, Inc. Terms and Conditions of Sale
Terms
Golden Gate Palms and Exotics Nursery is a “dba” division of Exotic Flora Landscape and Nursery, Inc. For all intents and purposes, the two are to be considered one and the same and payments can be made to one or the other written out on checks as either “Golden Gate Palms” or “Exotic Flora.” All orders will be prepaid via personal check, cashier’s check, cash or money order prior to shipment unless other arrangements have been made. Checks returned due to non-sufficient funds will be charged a $35 processing fee. Golden Gate Palms reserves the right to refuse service to anyone subject to our discretion. Prices are subject to change without notice.
Non-Warranty
Golden Gate Palms will exercise care to have all merchandise true to name and makes no further warranty, expressed or implied, as to the variety or performance of any nursery stock sold. However, if Golden Gate Palms installs such nursery product, such product will be warranted to survive 30 days from installation date. If such material dies within this time period, Golden Gate Palms shall replace it at no cost to the client. Client shall have in place an operational automatic irrigation system to water the plants for the warranty to be in effect. Warranty shall not include negligent care of such plants by client or client’s agents, extraordinary and unforeseen conditions not under Golden Gate Palms' control, gopher or other animal caused damage, and/or extreme acts of God (record freeze or heat event, lightning strike, war, fire, drought, flood… etc.) Furthermore, not all plants offered for sale at this nursery will thrive in all Northern California micro-climates, soil conditions, and exposures. Although recommendations can be made by our staff for plant selection based upon garden conditions, it is the ultimate responsibility of the purchaser to familiarize themselves with their unique garden conditions to ensure proper species selection.
Hold Orders
Orders for future pickup and /or delivery shall be tagged and held for up to two weeks in the nursery at no extra charge if a no refundable of 20% of the purchase price has been paid. Tagging of material with yellow hold tags without full payment of the 20% non refundable deposit for such material is not permitted. Any cancellations and/or changes to such hold orders shall require a 20% restocking fee, even if the orders have not been shipped out of the nursery. At Golden Gate Palms discretion, changes to the order may be made without a restocking fee if the substitute material is of a price equal to or greater than the original plant selected. If such price is less, then the difference between the prices of the original plant, and the substitute shall be charged the 20% restock fee. Hold orders held for longer than two weeks shall be charged a maintenance fee of 1% of the cost of the material per week (or any portion of a week) the material is held starting with the third week. These charges must be paid for before such material leaves the yard. Any material held in the yard for longer than 120 days shall be considered abandoned and reentered into inventory without refund to the client.
Returned Stock
Accepted nursery stock returned within 30 days of invoice or shipping date will be subject to a 20% restocking fee. Under no circumstance will returned nursery stock be accepted after 30 days or without receipt. Plants removed from their pots, otherwise planted, or showing any signs of distress will not be accepted for return. Furthermore, Golden Gate Palms reserves the right to use its discretion in accepting nursery stock for restocking.
Deliveries
Delivery prices quoted by Golden Gate Palms without a site visit may change at the time of installation depending upon site conditions encountered (steep hills, backyards, rock hard soil, steps, etc.) Exact hard bid installation pricing can only be ascertained with a paid on site consultation visit to determine actual site conditions. Installation shall include movement of plant from curbside to planting hole, digging of hole, planting of plant, fertilizing backfill, rake out of planting area, watering of plant removal and disposal of plant container or box sides, sweeping of work and drop area. Installation prices assume planting holes are free from rock, buried concrete, roots larger than 2” diameter, buried pipes and/or other utilities. When such conditions are encountered, work to clear hole of obstructions, repair and/or reroute utilities shall become extra on a time and materials basis. For plants of 30” box and larger, it will be the responsibility of the client to clear all digging areas of hidden utilities 72 hours prior to excavation by clearly marking the excavation area in white marking paint with the letters USA, then calling USA’s hotline at 811 or 800 227-2200. Any off-haul of soil farther than 15’ from planting hole will be extra.
Plant Rentals
Generally, plant rentals can be made at 20% - 50% of the cost of the plant material for rental periods of up to 7 days for special events. Deliver is an extra cost which can be quoted and includes curbside drop only. Movement and/or setup of plant material for rentals will be an additional hourly cost billed in 15 minute increments. All plant material transported by the client for plant rental shall be by covered truck. Client will be responsible for the full value of the rented plant material if it sustains damage and/or death during the rental.