Our Limited Warranty & Disclaimer of Liability
The Seller warrants that the seeds we sell have been labeled as required by law and/or as described by us on the container within recognized tolerances. We make no other warranties, expressed or implied, of merchantability, fitness for a particular purpose otherwise. Our liability, whether contractual, for negligence or otherwise, is limited in all respects to the amount of the purchase price of the seeds, regardless of the nature, cause or extent of the loss. It is expressly agreed that this limited remedy is exclusive and that we shall not be liable for any damages over and above the purchase price of this product. And as a condition to any liability on our part, we must receive notice by registered mail of any claim that the seed is defective within 30 days after the defect in the seed becomes apparent.
NOTICE OF ARBITRATION: It is further agreed that any dispute arising out of your purchase of these seeds shall be resolved by binding arbitration. We agree that the arbitration shall be governed by the Commercial Arbitration Rules of the American Arbitration Association or the Federal Internationale de Commerce des Semences, whichever rules are applicable in the state or country where the crops involved in the dispute were grown. IF YOU DO NOT AGREE WITH THESE PROVISIONS, RETURN THIS PRODUCT AT ONCE IN ITS ORIGINAL, UNOPNED CONTAINER AND YOUR PURCHASE PRICE WILL BE REFUNDED.
NOTICE ARBITRATION/CONCILATION/MEDIATION REQUIRED BY SEVERAL STATES: Under the seed laws of several states, arbitration, mediation, or conciliation is required as a prerequisite to maintaining a legal action based upon the failure of seed to which this notice is attached to produce as representation. The consumer shall file a complaint (sworn for AR, FL, IN, MS, SC, TX, WA; signed only CA, GA, ID, ND SD) along with the required filing fee (where applicable) with the Commissioner/Director/Secretary of Agriculture Seed Commissioner, or Chief Agriculture Officer within such time as to permit inspection of the crops, plants or trees by the designated agency and the seedsman from whom the seed was purchased. A copy of the complaint shall be sent to the seller by certified or registered mail or as otherwise provided by state statute.
Retail Terms and Conditions
Pricing and Dating
Small packets are sold at a 56% discount off of the retail price. Ten-gram packets are sold at a 55% discount off of the retail price. Quarter pound shakers are sold at 54% discount off of the retail price. Our packets and shakers are pre-priced with prices in effect at time of shipment. Packets and Shakers are date stamped for the current year until December 31st when the dating changes over to the next year.
We offer a guaranteed sale program on the FLOOR seed display orders. Our seeds are for sale outright, but customer may return up to 100% of each season’s annual unsold seed for credit against next season’s order for the FLOOR DISPLAYS only. There are no returns accepted for Small and Countertop displays. The return policy does not apply to these displays. All outstanding invoices must be paid within our terms and all returned seed packets/containers must not be damaged in order to receive credit. We will accept and credit your returns any time from December 10th to January 10th. We will then apply the credit amount towards your next season’s order. We will send a reminder in November on the return times. This will include an inventory sheet for you to fill out with the returns to help insure the proper credit with less discrepancy. Shipping costs for returns are at customer’s expense. Credits are good only towards the next years order- no cash refunds. If a customer decides to discontinue the use of SFSC seeds, the display must be returned and you keep the seeds- no credit is given.
Sorry no C.O.D.’s. We do accept pre-payment by Credit Card. New customer orders under $1,000 require pre-payment prior to shipment of products. Credit terms are available for new and existing customers with established credit. Customer acknowledges that overdue accounts will be charged interest of 1 1/2 % per month (18% annually). Customer acknowledges that in the event of nonpayment, the account will be assigned for collection and a twenty-five (25) percent fee will be added to account balance. Customer waives any claim of jurisdiction or venue in the county of Customer’s residence or place of business, and agrees that, should suit be instituted, personal jurisdiction, as well as venue, will be exclusively in Marion County, Oregon.
Minimum Initial Order:
Minimum order of $50.00. Ten packets of one variety of flower, or mix required.
Current balance must be paid in full prior to shipping of reorders. Please fax, email or call a sales representative if you need more seed. We will try our best to keep in contact with you to see if you need more seeds but if for some reason we have not contacted you and you run out of some items please contact us.
The seed displays will be used exclusively for the sale of Silver Falls Seed Company’s (SFSC) products only. The value of the large wood Floor display is $230. Value of Small wood display is $36. Both wooden displays have been discontinued. Customers will be charged the value of the seed display if damaged at the time of return. Wood seed displays must be returned to SFSC in the event the customer decides to discontinue the sale of SFSC products. In order to maintain their appearance, displays must be stored in a dry area (if stored in the off-season). Cardboard Displays are an outright sale to the customer.
We ship UPS Ground, or deliver for new customer orders. Floor displays will be delivered with no shipping charges in Oregon and Washington. Other areas will be charged @ 1/2 the shipping charges. Shipping is free for reorders over $100. Shipping on countertop cardboard displays depends on your location and will be sent UPS Ground cost unless otherwise specified along with a handling fee of $5.50. Please note that UPS does not deliver to P.O. Boxes and some rural routes. A physical ship to address is required.
SFSC has certain dates that we ship on. The ship dates are listed below.
- Spring: February 1st, February 15th, March 1st and then after the 1st of the Month
- Fall: September 1st, September 15th and then after the 1st of the Month
If a different ship date is requested, we will try to accommodate your request but cannot guarantee that all items will be in stock at that time.
Orders will be processed and shipped within five business days unless we notify you otherwise. Please allow 7-10 days for delivery. Because our business fluctuates due to seasons, we sometimes run out of a variety of stock. You will be contacted if this situation arises. With your permission, we will ship a substitute in lieu of your original order.
Errors, Claims, Substitutions
All products are offered on a direct sale basis. Credit for seeds returned without prior agreement will be refused. Please report any shipping errors or damages to us within 5 days of receipt of order and we will resolve them promptly. Do not wait for your salesperson to visit in person.
All of our seeds at Silver Falls Seed Company are tested to assure quality and guarantee the seeds are true to the variety. We abide by State and Federal Seed Laws regarding the restriction of weed seeds considered noxious by the U.S. Department of Agriculture. Each lot of seed is tested approximately every 8-12 months to ensure that the seed we offer for sale retains vitality. All seed testing is conducted by an independent laboratory according to standard testing procedures approved by the Association of Official Seed Analyses, (AOSA).
UPC codes are preprinted on our packets and shakers. A UPC code list is also provided for all of our products as well upon request. This is a current Sales Terms and Conditions as of July 27, 2008
These terms and conditions are subject to change without notice.