Rusty Oak Nursery
Rusty Oak Nursery

Policies

American standard
for nursery stock

Rusty Oak Nursery, Ltd. makes every effort to sell nursery stock which complies with the standards found in the most recent edition of the American Standard for Nursery Stock published by the ANLA (the "Standard"). The principal function of the Standard is to help buyers and sellers of nursery stock communicate with confidence by using a comprehensive and consistent set of measurement and specification nomenclature. Compliance with the Standard is an assurance that you receive nursery stock which is consistent and which has been measured, sized, and prepared for shipment in the manner you expect.

Prices

Prices listed are for the nursery trade in the United States. All prices herein are F.O.B. Rusty Oak Nursery, Ltd., Valley City, Ohio. This list cancels all the previous prices quoted or offered by us. Prices are subject to change without notice and, though we make every effort to publish our correct prices, we are not bound by any inadvertent clerical errors in the printing of our price lists or availability lists.In the case of B&B material, prices include machine balling, and burlapping in wire baskets, unless otherwise stated.

Sales Tax

For all purchases, sales tax will be collected in accordance with current rules and regulations unless we have a current completed Sales Tax Exemption Certificate on file at the nursery.

Quotes

Quotes are based on availability as of the date quoted. Supply is not guaranteed beyond that date, and prices are subject to change without notice.

Order Policy

Orders booked are subject to being rendered void in whole or in part in the event of crop losses, or lack of stock due to other causes over which we have no control. All orders are subject to acceptance by our Valley City office.

Ship dates on Acknowledgements and/or Confirmations are approximate dates on which the material ordered will be available for pick up or delivery. Although we make every effort to meet your requested ship date, it is impossible to guarantee shipping dates because of unpredictable weather, trucking availability and changing growing conditions.

Customers may tag or request us to specifically tag plant material in advance for pick up or delivery. Orders that are tagged will be held for no more than 7 Days before being returned to inventory for sale.

Custom dug orders for established customers must be picked up with 7 Days of notification. If not, all future custom dug orders for that customer shall require full payment in advance of digging.

Custom dug orders for new customers require full payment before digging will commence.

Quantity rates for shrubs, perennials and ornamental grasses apply to quantities shipped per pick-up or delivery, not per quantity ordered.

cancellations

All orders cancelled after material is custom dug and returns shall be charged a 25% restocking fee. Orders cancelled after being pulled shall be charged a 10% restocking fee.

returns

Rusty Oak Nursery, Ltd. reserves the right to accept no returns or exchanges because plant material is a perishable good and we have no control over the way it has been handled after it leaves our possession.

pick-ups

We invite customers to pick up their own stock. If you are in need of a large order or just several plants for immediate pick-up, come visit us and choose from a wide selection of evergreen and deciduous trees, shrubs, specimen plants, perennials, ground covers, and ornamental grasses always available in our finishing yard under drip irrigation, growing, acclimating and re-establishing for good transplantation. Customers may make their own selection, or request that we select the stock to meet their specifications. Our staff will load and tarp all orders. Please remember...it is the responsibility of the customer at time of pick up to provide a tarp that is suitable to cover and protect the plants that are being loaded from windburn and excessive drying during transport.

– OR –

You can call in, fax or email your order to us and we will make our best effort to fill your order as quickly as possible.

safety

If your clients wish to visit our facilities, they must be accompanied by you, our customer. You must escort them through the nursery and be available to answer any questions they may have.

delivery service

If pick-up is not convenient, we can quickly arrange handy, on-the-job delivery of our stock to your location or a customer's site at prevailing rates.

When RON trucks are used, delivery charges are calculated at a fair price per loaded mile. Plant deliveries are tailgate only. Our driver is responsible for the untarping of the plant material at the delivery site. Customers are responsible to provide labor and equipment, if necessary, for the actual unloading of all material unless specific arrangements have been made with our office regarding our unloading service. These delivery charges are included on the customer's invoice.

When outside common carriers are used, freight will be quoted to the customer based on the carrier's prevailing rates and shall be payable upon delivery directly to the carrier. All shipments travel at the purchaser's risk and expense. We exercise the greatest care in loading your order and our responsibility ceases when we deliver, in good order, the goods to the common carrier. We are not responsible for delays or damages in transit. Plant deliveries are tailgate only. The trucker is responsible for the untarping of the plant material at the delivery site. Customers are responsible to provide labor and equipment, if necessary, for the actual unloading of all material.

IN FAIRNESS TO OUR TRUCK AND/OR THE COMMON CARRIER DELIVERING THE LOAD AND TO OUR NEXT SCHEDULED DELIVERY, THE CUSTOMER IS RESPONSIBLE FOR UNLOADING THE PLANT MATERIAL IN A TIMELY MANNER. IF UNLOADING TIME EXCEEDS 2 HOURS AFTER THE TRUCK'S SCHEDULED ARRIVAL TIME, THE CUSTOMER SHALL BE CHARGED DEMURRAGE AT THE RATE OF $50 PER HOUR FOR EVERY HOUR OR PART THEREOF OVER THE 2 HOURS ALLOTTED.

unloading service

For times when your equipment is not on-the-job available, we offer helpful unloading service for deliveries. We will provide our skidloader and our skidloader operator to drop the plant material on site or directly into your pre-dug holes (within reasonable distance) for an additional affordable price per load. Any protection necessary to prevent skidloader rutting must be supplied and positioned by the customer and although we are as careful as possible, job conditions due primarily to weather cannot be controlled and it is hereby mutually agreed that the customer indemnifies Rusty Oak Nursery, Ltd. against any and all damages done by our unloading and planting equipment.

custom planting service

In addition to our unloading service, we offer a custom planting service to assist you in planting that shade, ornamental or evergreen tree that you may be reluctant to handle. Enhance your capabilities by letting us help you. We have the know-how and experience in handling oversize plant material and we will deliver and plant it for you, our customer, at the job site of your choice. If job conditions, due primarily to weather, make equipment rutting possible, we will make arrangements with you in advance to address any protection necessary to prevent equipment rutting and, although we are as careful as possible, it is hereby mutually agreed that you indemnify Rusty Oak Nursery against any and all damages done by our unloading and planting equipment.

As this is custom work, each with a unique set of circumstances, we will be happy to give you a quote in advance based on the particular specs of that project.

Contract Digging Service

We offer contract digging services to our fellow nurserymen for any size tree from 1 ¾" to 10" and from 5 foot to 30 foot. We will dig plant material out of your fields and help you to meet your digging needs.

We also offer contract digging services to our landscape clientele. If your client requires moving deciduous trees up to 10" caliper or evergreens up to 30' and you don't have the mechanical means available to handle that material, contact us for details.

We have the know-how and experience in handling plant material and we will dig it for you, our customer, at the job site of your choice. If job conditions, due primarily to weather, make equipment rutting possible, we will make arrangements with you in advance to address any protection necessary to prevent equipment rutting and, although we are as careful as possible, it is hereby mutually agreed that you indemnify Rusty Oak Nursery against any and all damages done by our digging equipment.

Call for a quote and for scheduling your digging needs. We will be happy to give you a quote in advance based on the particular specs of that project.

payment options

All sales are on a COD basis unless credit arrangements have been made in advance.

For Your Convenience We Accept VISA, MasterCard, Discover and American Express.

Cash, authorized business checks, debit cards, VISA, MasterCard, Discover and American Express Cards are gladly accepted. When paid by check, Buyer authorizes us to make a one-time electronic funds transfer from Buyer's account or process the payment as a check transaction.

VISA/MasterCard/Discover/American Express may be used within 15 days of invoice date with no fee. Thereafter, a 3% convenience fee shall be automatically made for all credit card payments on account recognizing that we are being charged to provide this convenience.

credit accounts

New customers are COD for a minimum of three months. Persons wishing to establish credit with us must complete and sign our credit application before credit can be considered. Credit applications not signed in all designated spaces will not be processed for terms. The length of time it takes to process an application depends upon the response time of the references given on the application. Credit is approved for only those customers with established verifiable credit records for prompt payments. For customers with approved credit, payment is due according to our regular terms which are net 30 days from date of invoice. Each invoice has its own due date so please do not wait for a statement to make payment for invoices. Statements are reference tools only and are sent so that you may make sure you have received all invoices listed. On all overdue accounts, interest shall be charged at the rate of 1½% per month, totaling 18% per annum.

past due accounts

Accounts over 30 days past due or those with unpaid interest charges will revert to a strict C.O.D. basis. Accounts will be reviewed before credit can be re-established. If an account is turned over to an attorney or agency for collection, purchaser agrees to pay all collection, attorney and court costs incurred by the Seller. More information is available through our credit department.

returned check policy

A $30.00 service charge shall be made for all checks that are returned NSF, due to the charges we incur from our banking institution.

limited warranty

Nursery stock from Rusty Oak Nursery, Ltd. has been inspected by the Ohio Department of Agriculture Division of Plant Industry in compliance with Section 927.59 of the Revised Code of Ohio. Rusty Oak Nursery, Ltd. expressly warrants that all plant material purchased will be true to name and healthy when it leaves the nursery. Rusty Oak Nursery, Ltd. also holds itself in readiness, on proper proof, to replace all such nursery stock that may prove otherwise with a comparable plant or with plants of an equivalent value or to refund the amount originally received for said nursery stock at our discretion.

Rusty Oak Nursery, Ltd. expressly disclaims any other warranty, expressed or implied, including, but not limited to, any warranty of merchantability, any warranty of fitness for intended use or particular use, any warranty as to productivity or growth, any warranty as to results secured in transplanting, any liability for delay or failure to deliver for any reason beyond our control, any liability for damage incurred as a result of transplanting or for any other consequential damages. This warranty does not cover plants that do not survive due to failure to provide normally accepted horticultural planting care and maintenance. This warranty does not cover products that were picked up and not properly covered with a suitable tarpaulin or other approved covering during transit. This warranty also does not cover any plant material which the customer requests to be dug even though they have been formally advised that it is considered to be a HAZARDOUS dig. This warranty is not transferable and is void if payment is not made in full when due of the full contract price for all nursery stock shipped. By mutual agreement, our maximum liability for error or other causes is confined to a one-time replacement with a comparable plant or with plants of equivalent value or refund/credit of the amount originally received for said nursery stock at our discretion.

claims

All Claims must be made in writing within 10 days after receipt of the stock. Failure to present such claim within said 10 days shall constitute a waiver of such claim. All claims are subject to Management approval.

Claims regarding incorrect count or breakage will receive consideration only when made in writing on the Bill of Lading or Customer Invoice and signed by the customer and the Rusty Oak Nursery, Ltd. driver or the common carrier at time of delivery. A call must also be made by the customer to the nursery at the time of delivery to inform us of any claims. Damaged plants must be returned to the nursery if credit is desired. If the driver or common carrier cannot accept the nursery stock to be returned because of his routing schedule, a call must be made to the nursery at the time of delivery for instructions regarding the stock to be returned.

Claims regarding non-viable plants and any other requests for adjustments that cannot be attested to by the driver or common carrier will receive consideration only when made in writing accompanied by color photos within 10 days of delivery. We also reserve the right to inspect the plants subject to the claim. A call must also be made by the customer to the nursery at the time of delivery to inform us of the circumstances. Failure to comply with the above procedure shall void any claims for credit or refund.

We shall in no case be liable for any sum greater than the amount originally received for said nursery stock.

choice of law forum

The Buyer & Seller hereto agree that this contract is made in Ohio and shall be governed under Ohio law. Further, venue for any action pertaining to a sale made under this contract shall be venued in Medina County, Ohio.

acceptance: conflict of terms

Acceptance of the delivery of the plant material shall constitute Buyer's agreement to the terms and/or conditions set forth in this document. Notwithstanding any provisions therein to the contrary, no terms and/or conditions in Buyer's purchase order, acknowledgement form, confirmation, or contained in any other document of the Buyer which conflict with the terms and conditions herein, or increase Seller's obligation hereunder, shall be binding on the Seller unless specifically identified and accepted in writing by an executive officer of the Seller, and, until such acceptance is given in writing, any such terms and/or conditions are rejected and of no effect.

 1547 Marks Rd., P.O. Box 436, Valley City, Ohio 44280              330.225.7704
Copyright ©2014 Rusty Oak Nursery. All Rights Reserved.