All material must be checked by customer while unloading. Any plants that have been damaged during shipment, or not acceptable, must be placed back on truck and the cost of these plants deducted from invoice. All plants accepted and kept by customer, employee, or place of business must be paid in full. It is the customer's responsibility to have a qualified person on hand to check material at the time of delivery. No claims that material shipped is unsatisfactory will be entertained after plants are accepted and driver leaves customer's establishment.

All trucking delivery charges are C.O.D. and must be paid at time of delivery. Any damaged plants must be noted in writing on freight bill or delivery ticket when unloaded. No adjustments will be made on anything unloaded without calling us before the driver leaves.

No claims that material shipped is unsatisfactory will be entertained after accepted and unloaded.

Boyd & Coffey & Sons Nursery warrants to the extent of the purchase price that nursery stock sold is true to name and as described within recognized tolerances. Seller gives no further warranty, expressed or implied, and will under no circumstance be liable for more than the invoice value at the time of purchase.

Cancellations must be made within a reasonable time before expected digging date. All cancellations are subject to a charge. We cannot accept cancellations on orders after the plant material has been dug.

All freight charges are C.O.D. Our terms on Plants are net 30 days with established customers. Cash in advance or a certified check is required from unknown parties. A finance charge of 1.5% per month will be assessed on all amounts 30 days or more past due. This represents 18% per year. All expenses incurred in collection of account will be charged to customer.

The parties hereto agree that any dispute arising out of the sale of these goods shall be arbitrated exclusively in the Chancery Court for Caldwell County, North Carolina, and the State of North Carolina shall be the forum for any and all litigations that may arise from any sale of goods by the seller. Either party not prevailing in such action shall be liable to the prevailing party for reasonable attorney fees.