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BIG RED TREE FARMS

TERMS AND CONDITIONS

PLEASE READ CAREFULLY BEFORE ORDERING

All grade standards comply with those defined by the American Association of Nursery Men.

TERMS: A twenty-five percent (25%) deposit is required when trees are ordered or tagged for digging or delivery. Full payment is due upon delivery. Big Red Tree Farms must approve any other terms before the date of delivery.

ADDITIONAL CHARGES, CHANGES, AND CANCELLATIONS: Big Red Tree Farms will assess a processing fee of twenty (20%) on the total price of all orders cancelled before digging (deposit forfeited). We will assess ten percent (10%) on the total price of all orders changed before delivery.

WARRANTIES AND GUARANTIES: Big Red Tree Farms gives no warranty or guarantee, expressed or implied, to any customer, or customer's agents, heirs, successors, assigns, or representatives, or any third party as to the life, description, quality, productiveness, merchantabilty, fitness for purpose, or fitness for particular use, beyond the description of plants as true name and graded at the time of purchase.

LIMITATIONS ON LIABILITY: If a claim or dispute arises, Big Red Tree Farms may only be held liable for a sum equal to or less than the amount originally received for any stock. We will consider claims on paid-in-full orders only, if received in writing within fourteen (14) calendar days from the date of shipping, at Big Red Tree Farms, 9075 Hwy 77 North, Wynnewood, OK 73098-9401. Furthermore, we will not be liable for shortages or delays resulting from circumstances beyond our control. We will replace or refund the amount paid for any nursery stock which is proven to be untrue to variety or description which it originally sold.

RISK OF LOSS AND SHIPPING: Risk of loss to all nursery stock will PASS to the CUSTOMER at the time such stock is LOADED FOR SHIPMENT. Big Red Tree Farms can arrange for shipment. In the event Big Red Tree Farms arranges for shipment of stock, the customer will be responsible for all transportation charges covering costs, losses, or injury to stock not resulting form negligence of Big Red Tree Farms or its employees. The customer will also be responsible for any other expenses reasonably incurred in the transportation of the customer's order. All transportation costs must be paid in cash to the driver upon delivery. Trucking charges can be quoted on request.

PAYMENT BY CASH OR CHECK ONLY PLEASE, ALL SALES ARE FINAL.