Our Terms Of Sale

1. TERMS: The product shall be sold for the price stated on the invoice. The invoice is considered finalized once the order is picked up or shipped out as Buyer may adjust the order to account for changes such as, but not limited to, grade changes, shipping fees adjustments, and adding or removing stock at Buyer's request.  All amounts owing to Seller are to be paid, at the latest, before the order is to be shipped from the premises to the recipient of the order or when the order is being picked up by the customer (or proxy). Payment is not required before this time unless the order is over $1000 in value before tax, it is a wholesale order, a scionwood order, or a potted plant order that at Seller's discretion will need to be set aside for a significant period of time and require additional care. If an order meets any of these conditions, a 25% non-refundable deposit is required to confirm and hold the order. Seller may demand immediate payment at any time after without notice if, in Seller’s discretion, Buyer’s financial condition warrants such action.  
 
2. TAXES: Buyer is responsible for all Sales, Use, or other taxes, whether federal, provincial or local. Buyer shall reimburse Seller for any such taxes paid by Seller.
 
3. CANCELLATIONS: Orders may not be cancelled without the written consent of Silver Creek Nursery. Deposits are not returned on cancelled orders. For full information on Seller's policies regarding adjusting and cancelling orders, please visit HERE.
 
4. SHIPMENTS: All shipments are F.O.B. Seller’s place of business [Wellesley, ON]. Seller shall ship by the method Seller deems to be appropriate unless otherwise instructed by Buyer in writing. Buyer shall pay all freight costs and expenses. Seller's shipping protocols and policies in the event there are problems with delivery can be reviewed HERE. 
 
5. CLAIMS: Buyer shall inspect the product immediately upon receipt and is responsible for notifying Seller immediately if there are any problems with the product. Buyer shall include pictures to verify claims. Seller's plants are generally guaranteed for 90 days and full information on Seller's refund policies and guarantees can be viewed HERE.
 
6. WARRANTY: We warrant that all plants we sell are true to name (for named varieties such as Ambrosia apples) or species (ex. in the case of plants such as redbud seedlings or peach seedlings). The warranty generally DOES NOT COVER plants of indeterminate species, hybrids, or plants grown from seed sourced from named varieties that differ from said variety. Please note we only warrant that plants are true to name and ARE NOT LIABLE for any other warranties/obligations including but not limited to: any economic losses, loss of time and resources, any resulting damages, and so forth.
 
7. ASSIGNMENTS: Buyer shall not assign Buyer’s obligations arising out of or in connection with the sale of the product without Seller’s expressed written consent.
 
8. ATTORNEY FEES: If payments are not made when due, Buyer shall pay all Seller’s collection costs and expenses, including reasonable attorney fees, whether or not suit is instituted. The prevailing party shall be entitled to collect reasonable attorney fees in action or preceding to enforce any obligation arising out of sale of our products, including any trials or appeals.
 
9. AGREEMENT OF SALE: Buyer’s acceptance of the product constitutes acceptance of these Terms and Conditions and the policies linked herein. Any of the terms, conditions, or provisions of Buyer’s order which are inconsistent with these Terms and Conditions are not binding on Seller.
 
10. CHANGES: No waiver, alteration or modification of any of the Terms and Conditions shall bind Seller unless made in writing and signed by Seller.
 
11. GOVERNING LAW:  Any and all questions and controversies arising out of sale of the products, including these Terms and Conditions, shall be governed by the laws of Ontario.  Exclusive jurisdiction and venue for all legal actions concerning this agreement and sale of the product shall be in the appropriate courts of Ontario.