Terms of Service

SERVICE TERMS

All sales are C.O.D. unless the buyer has established credit with The Good Plant, Inc. and/or TGP Studio, in which event all accounts are NET and due and payable within thirty (30) days following the date of invoice. Our Buyer shall pay finance charges on any balances that are not paid within thirty (30) days from the date of invoice. Finance charges on all past due accounts will be calculated from the date due until the date paid at the rate of 1 – ½% per month (18% per annum). The sale shall be governed by and construed in accordance with the laws of the State of California. Our Buyer agrees that in any controversy arising out of the sale, including action to enforce collection, the jurisdiction and venue of such action shall be exclusively in the Superior Court for the County of Orange, California. 

PRICES

The prices quoted are wholesale, F.O.B. from our resources’ locations, and unless otherwise specifically stated in writing by The Good Plant, Inc. and/or TGP Studio, are subject to change without notice. All orders acknowledged or accepted are subject to availability of stock on hand at the time of delivery. In addition to the prices quoted, our Buyer agrees to pay any applicable sales tax unless our Buyer has provided The Good Plant, Inc. and/or TGP Studio with a valid resale certificate.

DELIVERIES

Our Buyer shall be responsible for approving all materials prior to shipment. The Good Plant, Inc. and/or TGP Studio shall not, under any circumstances, be liable for the size, type, structural or aesthetic of the plant material purchase by our Buyer. All orders that are shipped by The Good Plant, Inc., TGP Studio and/or our resources are subject to delivery charges based on quantity, size and invoice total of containers shipped. In any event in which The Good Plant, Inc., TGP Studio and/or our resources’ delivers nursery stock to our Buyer, The Good Plant, Inc., TGP Studio and/or our resources shall only be obligated to deliver the nursery stock to the curb of the premises to which our Buyer requests delivery. The Good Plant, Inc., TGP Studio and/or our resources shall have no liability for any damages caused or claims made, as a result of deliveries to any locations, other than the curb, as requested by our Buyer, including but not limited to sidewalks, curbs and other property. Our Buyer releases The Good Plant, Inc., TGP Studio and/or our resources from any such damages or claims, and indemnities and holds The Good Plant, Inc., TGP Studio and/or our resources harmless therefrom, If our Buyer arranges for it’s own transportation of nursery stock purchased from The Good Plant, Inc., TGP Studio and/or our resources, our Buyer shall be responsible for any liabilities or claims of damage which occur after the nursery stock leaves The Good Plant, Inc., TGP Studio and/or our resources premises, and The Good Plant, Inc. TGP Studio and/or our resources shall have no liability therefor. Our Buyer shall be responsible for providing adequate personnel and equipment at the delivery site for off-loading nursery stock. The Good Plant, Inc., TGP Studio and/or our resources shall not be responsible for delays caused by shortage of product, accidents, embargoes, transportation delays, mechanical breakdowns, fuels shortages, weather conditions, fires, strikes, labor disputes, floods or other acts of god.

WARRANTIES

The Good Plant, Inc., TGP Studio and our resources warrants that all nursery stock delivered hereunder shall be in good condition at the time of delivery to our Buyer. 

EXCLUSIONS: The Good Plant, Inc, TGP Studio and our resources shall not be responsible for any losses resulting from loses or alleged defects that occur or appear:

  1. After delivery of the nursery stock to our Buyer

  2. Resulting from failure to properly plant and maintain the plant product

  3. Resulting from weather conditions or other acts of god which cause damage to the plant product. The Good Plant, Inc., TGP Studio and/or our resources specifically disclaims any warranty of fitness for a particular purpose or for damage resulting from B. In the event our Buyer wishes to make any claim pursuant to this warranty, our Buyer must deliver to The Good Plant, Inc., TGP Studio and/or resources written notice of any such claim within five (5) days of receipt. In no event shall The Good Plant, Inc., TGP Studio and/or our resources have any liability to our Buyer pursuant to this warranty or otherwise for any amount in excess of the purchase price actually paid by our Buyer for the nursery stock in question. The Good Plant, Inc., TGP Studio and/or our resources further reserves the right to determine the reasonableness of any claim and make whatever adjustments it deems proper and adequate. Except as expressly set forth above, The Good Plant, Inc., TGP Studio and/or our resources makes no warranties or representations, express or implied, with respect to merchantability, fitness for particular purpose, or otherwise with respect to any of the nursery stock which it sells. Under no circumstances shall The Good Plant, Inc., TGP Studio and/or our resources be liable for an amount in excess of the purchase price paid by our Buyer.

RESTOCKING CHARGE

In the event that our Buyer returns, cancels, or refuses to accept delivery of any nursery stock ordered or purchased from The Good Plant, Inc., TGP Studio and/or our resources, or does not provide payment upon delivery for C.O.D. orders, our Buyer shall pay a 25% restocking charge.