Terms & Conditions

Orders:

• We have no minimum order size.
• We are a wholesale nursery; but will service homeowners under certain guidelines.
  Please see Homeowners Page for more details.
• All orders must be placed in advance. Customers need to contact us at least 48 hours in advance to schedule the pick-up of orders. We cannot guarantee orders will be ready with less than 24-hours notice.

Delivery Requirements:

• Delivery from our nursery is available for both local and long distance.
• Our delivery fee is based on mileage to the drop location and the size of the order.
• Customer is responsible for unloading all material with assistance from our driver.
• The unloading staff and/or equipment must be at the pre-determined delivery location when our truck is scheduled to arrive. 
•  Circumstances where staff and/or equipment are not provided, Clear Ridge Nursery reserves the right to charge a $250 unloading fee or return to our nursery without unloading the material. Your delivery fee will be forfeited at that point. Additional fees may incur thereafter.

Pick-up Requirements:

• Pick-up hours at our nursery are Monday – Friday, 8am-3pm.
• Please come to the office to sign any needed paperwork upon arrival. 
• All pick-ups must be scheduled 48 hours in advance. We cannot guarantee that any order can be assembled if placed within two days of pickup.
• Be sure your vehicle is large enough to carry all your ordered plant material. If a weight restriction needs to be considered, we can give you a estimate of what your order will weigh.
• Please bring a tarp that will cover all plant material.
• OUR CREW WILL BE HAPPY TO LOAD, TARP & SECURE YOUR ORDER!!!

 Credit Policy:

• Your first order with us is always C.O.D.
• Customers who would like credit terms must complete and sign the credit application.  Forms are available from our office or online.
• Verifying credit can take up to 2 weeks. Please allow sufficient time to complete this process before your order is scheduled.  We will establish a reasonable limit based on your credit needs, your history with us, and references provided.  We are not responsible for references who fail to respond to our credit inquiries.
• We extend terms of Net 30 days to customers who have completed the credit application form and have a record of timely payment.
• We may revoke credit without notice if accounts become delinquent or substantially overdue.
• Accounts inactive for 2 years will revert to C.O.D. and will need to fill out a new credit application.

Payments & Deposits:

• All sales are cash on delivery (C.O.D.) or Prepaid unless credit is established with Clear Ridge Nursery, Inc.
• All COD orders are to be paid prior to assembly and shipping. This applies to all products whether purchased from other sources or from Clear Ridge Nursery inventory.
• Company or personal checks over $250 must clear our financial institution before assembly and shipping.
  Payment by Credit Card or ACH is encouraged.  Clear Ridge Nursery does not charge a service fee for making payment by credit card, except for American Express.
• Payment by certified bank check or online ACH Payment is an alternative.
• Credit card sales are billed at time of shipment, unless instructed to process immediately.
  A 5% Service Charge will be applied if paid by American Express Credit Card.
• We accept cash, check, Mastercard, VISA, and Discover.
• A 50% deposit is required for orders placed for the future season. (i.e. Spring 2023 to Fall 2023, Fall 2023 to Spring 2024).
  The deposit holds the material at a fixed price at that size with the exception of a special order item.
• The minimum deposit required will be 35%.  The deposit may increase if a larger deposit is required by the supplier.
• Payment is required for all plants and supplies before delivered to our facility or by direct ship.
• If you are on Prepaid terms you must submit a 35% deposit within a month of confirmation to reserve plants.
• We reserve the right to discontinue holding material for orders that are being held with a deposit for 1 year or longer after the order was placed. If we must enforce this right, you forfeit your deposit.
• Past due accounts subject to 1.5% monthly service charge (18% annually).
• Should it become necessary for Clear Ridge Nursery, Inc. to file suit for payment of any charges, Clear Ridge Nursery, Inc. shall be entitled to court costs, collection fees, attorney’s fees and interest at the rate of 18% per year on all amounts found to be due and payable.
• No Pick-ups or Shipments will be made to delinquent accounts.
• A $45.00 fee will be charged for returned checks.

Order Cancellations. Adjustments, and Delays:

• Cancellations must be received in writing at least 30 days prior to scheduled shipment date.
• All cancelled orders that have been assembled are subject to a 20% restocking fee.
• If you cancel your order with less than 30 days prior to the scheduled date of shipment, you forfeit your deposit.
• No change can be made to orders after 1 pm the day before shipment. Any changes to orders already assembled are subject to a 20% restocking fee.
• We reserve the right to cancel or revise any order when the estimated or scheduled ship date is extended by four months or longer.
• A credit will be given in lieu of refunds on paid orders that have been revised to a reduced amount.

Claims & Warranty:

• Please provide correct specifications for your project prior to ordering and shipment.  CRN is not responsible for providing replacement material when specifications are incomplete or have been modified.
• While we constantly strive to provide the best quality and handling of nursery stock, we do not give a warranty as to the future life of the plants.  Customer satisfaction at time plants are received is our guarantee.
• Please examine and count all materials upon receipt. All claims for order errors or unsatisfactory stock must be reported upon receipt of the material and noted on the Packing Slip or by phone within 1 business day.
• Please notify our office immediately at 888-226-9226 regarding count discrepancy or product damage.
• No claims will be accepted after acceptance of shipment.
• CRN in each and every instance is and shall be specifically limited to the purchase price of such nursery stock. We assume no liability for delay or failure in filling orders due to strikes, accidents, crop failures, or other causes beyond our control.
• While every effort is made to provide true and accurate information we do not assume any liability due to losses associated with the information provided in our catalog or by our website.

Additional Terms & Conditions

1. The General Terms and Conditions (“Terms”) may be amended, modified, supplemented, changed or waived in whole or in part only by an agreement in writing signed by CRN making specific reference to such Terms. No Purchase Order or other instrument submitted by a purchaser with different or conflicting terms shall be accepted by CRN unless such term is expressly accepted in writing signed by CRN. Compliance with any of terms and condition may be waived in whole or in part by CRN, but only by an agreement in writing making express reference to such Terms, and no such waiver will be deemed a waiver of any subsequent breach or default of the same or similar nature except as stated expressly therein. All remedies stated in these Terms will be cumulative to every other remedy provided herein or at law or equity.

2. All questions concerning the construction, validity and interpretation of any agreement between CRN and Customers or these Terms will be governed by the laws of the State of Maryland, excluding its choice of law principles, and any dispute arising from the interpretation or operation of any agreement between CRN and Customers or these Terms shall be resolved exclusively in the state courts of Carroll County in the State of Maryland, and the parties consent to and elect such jurisdiction in the event of litigation hereunder, and waive any objection to the laying of venue in such courts and waive any assertion of forum non conviens. AS AN INDEPENDENT COVENANT, CUSTOMER IRREVOCABLY WAIVES ANY RIGHT THAT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, OR OTHER THEORY.

3.These Terms will be binding upon and will inure to the benefit of the parties hereto and their respective successors and permitted assigns; provided, however, that the Customer may not assign its rights or delegate its obligations without the express prior written consent of CRN. Transfer of majority voting ownership of a Customer shall be deemed an “assignment” within the meaning of this Section. Nothing in any agreement between CRN and a Customer is intended to confer upon any person other than CRN or a Customer any rights or remedies.

4. All notices, requests, or other communications required or permitted to be delivered between CRN and a Customer shall be delivered in writing, in each case to the address specified in any agreement between the Customer and CRN or to such other address as such party may from time to time specify by written notice in compliance with this section. Notices shall be deemed effectively given (i) upon personal delivery to the party to be notified, (ii) five (5) days after having been sent by certified or registered mail, postage prepaid, (iii) one day after deposit with a nationally recognized overnight courier, specifying next day delivery, charges prepaid, with written verification of receipt or sent overnight courier service shall be deemed to have been given when received or (iv) when sent by confirmed electronic mail if sent during normal business hours of the recipient, if not, then on the next business day.

5. Any agreement between a Customer and CRN may be executed in two (2) or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with the U.S. federal E-SIGN Act of 2000, the Uniform Electronic Transactions Act, or other applicable law) or other transmission method and any counterpart so delivered will be deemed to have been duly and validly delivered and be valid and effective for all purposes, and the parties hereby waive any objection to the contrary.

6. The Terms and any agreement between CRN and a Customer will be construed and enforced in accordance with and will be governed by the laws of the State of Maryland, U.S.A., without regard to its choice of law provisions and principles. Any dispute arising from the interpretation or operation of these Terms or any agreement between CRN and a Customer will be resolved exclusively in the United States federal district or state courts of the State of Maryland, and the parties consent to and elect such jurisdiction in the event of litigation hereunder, and waive any objection to the laying of venue in such courts and waive any assertion of forum non conveniens.

7. CRN will not be liable to Customer for any failure to perform due to any Act of God, epidemic or pandemic, inevitable accident, strike or other labor dispute, fire, war, riot or civil commotion, government action or decree, inclement weather, failure of technical, production or television equipment, natural disasters, widespread social economic disruptions, environmental calamities, or for any other reason beyond the reasonable control of CRN, any of which make it inadvisable, illegal or impossible for CRN to perform.

8. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT BETWEEN CRN AND CUSTOMER, CRN EXPRESSLY DISCLAIMS AND RENOUNCES ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

9. LIMITATION ON LIABILITY.

a. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR LOST PROFITS OR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR LOSS OF GOOD WILL, AND ANY DAMAGES AND COSTS PAYABLE TO THIRD PARTIES SHALL BE CONSTRUED AS DIRECT DAMAGES), HOWSOEVER CAUSED, EVEN IF SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; PROVIDED THAT THE FOREGOING LIMITATION ON LIABILITY WILL NOT APPLY TO: (A) CRN’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS; OR (B) CRN’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

b. IN NO EVENT SHALL CRN’S LIABILITY FOR ANY DAMAGES EXCEED THE AMOUNTS PAID BY CUSTOMER DURING THE THREE (3) MONTHS PRECEDING THE CLAIM. SUCH DAMAGES SHALL BE THE FULL EXTENT OF LIABILITY OF CRN UNDER THIS AGREEMENT, REGARDLESS OF THE FORM IN WHICH ANY SUCH LEGAL OR EQUITABLE CLAIM OR ACTION MAY BE ASSERTED, AND SHALL CONSTITUTE CUSTOMER’S SOLE REMEDY. CUSTOMER ACKNOWLEDGES AND AGREES THAT IN THE ABSENCE OF THESE LIMITATIONS OF LIABILITY, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT. NOT ALL JURISDICTIONS PERMIT SUCH LIMITATIONS OF LIABILITY.

10. No action, regardless of form, arising out of or relating to products supplied by CRN may be brought by Customer more than twelve (12) months after the cause of action has initially arisen.

11. CRN reserves the right to amend the Terms upon notice to any Customer.