Guarantee and Limitations on Liability

Plants travel at purchaser’s risk and expense. All sales are made with the understanding that we shall not be liable for shortage in event of crop loss or damage from causes over which we have no control. We promise to ship true to name healthy stock bearing a state nursery certificate. We cannot guarantee plants to grow because we have no control over the plants after they leave us. If any plants reach you that are not in good viable condition we expect to be notified within the 10-day claim period. All nursery stock is sold subject to the standard non-warranty clause. ‘We have no warranty, expressed or implied, as to the description, productiveness or any other matter, of any nursery stock we sell. We shall in no case be liable for any sum greater than the amount originally received for any stock.’

All tree are true to species and healthy at time of delivery. All shortage and errors must be reported to David Carruth within 48 hours.