Terms and Conditions of Sale

PRICES

Prices are in effect from July 1st through June 30th of each year. Prices are F.O.B. Leesport, Pennsylvania, and subject to change without notice.

TERMS

1) All customers must have an approved credit account in place before any order can be fully processed.

2) Eaton Farms conducts business solely on a credit basis and does not accept C.O.D. or Prepay customers. Those customers who fail to qualify for credit terms are encouraged to re-apply in the future once all requirements to secure a credit account have been fulfilled.

3) Discounts and Credit Grade: All customers are assigned a credit grade that is determined by their “Days Sale Outstanding” (DSO), plus a credit risk assessment. This grade is given out as an ‘A’, ‘B’, or ‘C’. Customers who receive an A credit grade will be awarded the full discount earned. Customers who receive a B credit grade will be awarded 50% of the discount earned. Customers who receive a C credit grade will not be able to take advantage of any earned discount.

4) Pennsylvania Pride Brand Partner opportunities may be limited in your area due to previously approved, exclusivity arrangements.

5) All purchases in Pennsylvania are subject to sales tax unless a completed and signed Sales Tax Exemption Certificate is presented to Eaton Farms.

6) Customers located outside Pennsylvania are required to provide Eaton Farms with a completed and signed Sales Tax Exemption Certificate, thereby agreeing to take responsibility of their home state’s sales tax collection and compliance laws.

7) Our terms are 1% 10 Net 30 Days unless otherwise noted on the invoice. Monthly statements are sent for the convenience of our customers; however, accounts are expected to be paid based on delivery date not statement date.

8) Overdue accounts will receive weekly collection calls from Eaton Farms’ Credit Department; have the potential of losing their credit privileges; and have their discount suspended. Should collection attempts fail, the customer’s account will be closed and Eaton Farms will pursue all avenues to collect the outstanding debt, including confessing judgement as set forth in the credit application.

9) Any check not honored by payee’s bank will be liable for a $100.00 service charge, due immediately, in addition to the original amount of the check.

10) Earned discounts (see Earned Discount Program) may be taken only at time of payment and only when payment will be received at Eaton Farms LP by the due date. Invoices paid beyond the due date are not eligible for any earned discount and these discounts would be forfeited. Earned discount does not apply to any shipping, freight or handling charges. The discount amount will be listed on each invoice and should be deducted when paid within terms. Should the terms of sale not be met, any discounts offered at time of sale are subject to charge back.

11) 3-Year Guarantee credits claimed by a customer will be applied to their account twice a year, August & February. All credits are to be used against future purchases and cannot be refunded in cash. Credits can only be issued to current accounts. Open credits will be forfeited on any account with invoices not current on July 31st and January 31st. 3 year credits will be applied to any outstanding finance charges before being applied to any future invoices. 3 year credits expire 24 months from date of issue.

12) In the unlikely event where the relationship between Eaton Farms and a customer is interrupted or terminated due to the choice of either party, future returns and guarantee credits will be handled as follows:

  • a) Guarantee credits will be issued directly to the retail buyer from Pennsylvania Pride (via web site) or from another Pennsylvania Pride Brand Partner.
  • b) The customer may continue to honor the guarantee program and receive credit on account from Eaton Farms. The following must be provided to Eaton Farms with each request: original picture tag; dated sales receipt; and customer name.
  • c) Cash will not be refunded under any circumstances. Per the original agreement, only an account credit to be used against future purchases will be issued.
  • d) Credits will be limited to 2% of the most recent year’s sales.

13) Credit reference requests will only be accepted via email, please send to ar@eatonfarms.com.

CLAIMS

Claims should be made promptly on delivery. Eaton Farms delivers all loads with our own trucks. If any material is less than satisfactory, the driver should be informed and material loaded back on the truck at time of delivery. We stand behind our plants where normal loss is concerned. When losses occur with no similar losses among our customers, claims will be handled on an individual basis. Please inspect all material before signing for delivery. Your signature for a delivery indicates your acceptance of that delivery and that you agree that the materials are satisfactory.

SHIPPING INSTRUCTIONS

Please specify method of shipment with all orders. Customers are responsible for unloading trucks. Eaton Farms drivers are professionals and safety is our primary concern. Therefore, drivers cannot assist in unloading. Special needs can be accommodated; in which case you should consult with your sales representative. Our drivers are entrusted to accept all forms of payment.

LIABILITY

Eaton Farms prides itself in exercising the greatest of care in keeping varieties true to name. However, we give no warranty, express or implied, as to the description, productiveness, or any other matter of our nursery stock. Eaton Farms disclaims any and all implied warranties of merchantability and fitness of a particular purpose. It is mutually agreed that our liability for any errors or other claims is confined to and shall not exceed the original purchase price (catalog price less customer discount). Claims must be made within 30 days of shipment. In no event shall Eaton Farms be liable for any damages, including direct, indirect, incidental, special or consequential damages arising out of your purchase of our nursery stock. We accept all orders subject to prior sales of stock and crop conditions. Orders shall be void should injury befall our stock from hail, fire, frost, and error in count or other causes beyond our control. All orders are accepted without liability for non-performance if labor shortages or delay in transportation should prevent us from making delivery.

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