Terms & Conditions

Native Forest Nursery New York
TERMS AND CONDITIONS
Effective July 27th, 2026

1. Payment
A quote does not constitute a reservation of inventory. A prepayment, deposit, or established
terms are required to convert any quote into a confirmed sales order and secure the reservation
of the specified plant material.
All new accounts require prepayment to schedule shipping. Once an active account is
established, orders require a non-refundable 25% deposit to reserve inventory with the
remaining balance due upon delivery unless Net 30 terms have been established in writing.
Native Forest Nursery New York (NFN NY) reserves the right to determine, modify, or waive
payment terms for any account at its sole discretion.
Credit applications are available on request. Cash, Check, ACH, and Credit cards are accepted.
Remit Checks to:

C/O Accounting
Native Forest Nursery New York
4253 Nutt Rd
Jamestown, NY 14701

Returned checks will be assessed a $75.00 returned check fee. NFN NY reserves the right to
require certified funds or prepayment on all future orders following a returned check.
Overdue accounts will be assessed a service charge of 2.5% per month on the outstanding
balance. Any account 60 or more days past due will be referred to a collections agency, and the
buyer shall be responsible for all associated collection fees, attorney fees, court costs, and any
other fees incurred in the recovery of the overdue balance.
All quoted product pricing is valid for 30 days from the date of issuance. NFN NY reserves the
right to adjust product pricing after the 30-day validity period has expired. Pricing is not
guaranteed until a deposit has been received and a confirmed sales order has been issued.

2. Cancellations
All cancellations must be submitted in writing to be considered valid. The following cancellation
schedule applies:
• Orders cancelled between September 1 and December 1: 25% of the total order amount will
be charged.
• Orders cancelled after December 1 but prior to February 1 of the following year: 50% of the
total order amount will be charged.
• Orders cancelled on or after February 1: the buyer shall be liable for payment in full.

• Partial order cancellations are subject to the same cancellation schedule above, applied
proportionally to the cancelled portion of the order.
In the event seller is unable to fulfill an order due to crop failure, inventory loss, or other
circumstances beyond seller’s control, buyer will be notified promptly and any deposit paid for
unfulfilled material will be refunded in full or applied to a substitute order at buyer’s discretion.

3. Claims
All products will conform to the name, description, and quantities specified on the order. Any
claim to the contrary must be submitted in writing, with supporting photographic documentation,
within 5 business days of receipt of shipment. Claims received after this period will not be
considered.
Buyer is responsible for inspecting all material at the time of delivery prior to signing off with the
carrier. Claims arising from damage that occurred during transit must be noted on the carrier’s
delivery receipt at the time of delivery and submitted to NFN NY in writing within 5 business
days. NFN NY will assist buyer in documenting and submitting such claims to the carrier;
however, responsibility for in-transit damage rests with the carrier, and NFN NY’s liability for
shipping damage ceases upon delivery of plant material to the carrier, as set forth in Section 5.
In no event shall NFN NY’s liability exceed the purchase price of the applicable order. All claims
shall be governed by the laws of the State of New York, and buyer expressly agrees to
jurisdiction in the State of New York.

4. Limitation of Liability
Seller makes no express or implied warranty regarding growth performance, fitness for a
particular purpose, survivability, or any characteristic beyond those addressed in Section 3 of
these Terms.
Seller shall not be liable for failure to deliver any or all plant material in the event of fire, flood,
war, adverse weather conditions, labor shortages, or any other cause beyond the seller’s
reasonable control. In the event of a shortage due to such circumstances, seller reserves the
right to allocate available plant material in a manner deemed fair and reasonable at seller’s sole
discretion. Seller’s sole liability under such circumstances shall be limited to a pro rata refund of
amounts paid for plant material that cannot be supplied.
Buyer assumes full responsibility for proper handling, storage, and planting of all material upon
delivery. NFN NY shall have no liability for plant loss or damage resulting from improper
storage, handling, or planting conditions after delivery.

5. Shipping
Bareroot seedling/Bioengineering products must be shipped during dormancy. NFN NY ships
bareroot seedlings/bioengineering material between December 15 and April 30 of any given
year. All pricing is FOB NFN NY.
Buyer assumes all risk if shipment of bareroot or bioengineering material is requested outside of
the standard dormancy shipping window (December 15 – April 30). NFN NY shall have no
liability for plant loss or damage resulting from out-of-window shipment at buyer’s request.
Seller may arrange shipping on behalf of buyer; however, unless otherwise agreed upon in
writing by both parties, buyer shall reimburse seller for the full cost of any shipping expenses
incurred on buyer’s behalf.

Shipping costs are estimates only until a final invoice is issued. Actual freight charges may vary
based on carrier rates, fuel surcharges, and order weight/volume at time of shipment.
Seller’s liability for shipping damage ceases upon delivery of plant material to the motor carrier.
NFN NY assumes no responsibility for damage occurring after plants have been loaded for
shipment.

6. Tax
Orders shipped via common carrier or third-party freight are FOB NFN NY, and New York sales
tax applies. Orders delivered by NFN NY -operated vehicles or personnel are subject to sales
tax based on the destination state's nexus requirements. Applicable sales tax will be charged on
all orders until NFN NY receives a valid, properly completed tax exemption certificate. Tax
charged prior to receipt of a valid exemption certificate is non-refundable.

7. Authorized Agreements & Electronic Acceptance
Only written agreements issued by authorized NFN NY personnel are binding. Verbal
commitments, representations, or promises made by any NFN NY employee or representative
that are not confirmed in writing do not constitute a binding agreement.
These Terms and Conditions are incorporated into and form part of NFN NY's Account
Application. By signing the Account Application, buyer acknowledges that they have read,
understood, and agree to be bound by these Terms and Conditions in their entirety, including
any future orders placed on the account. Email correspondence between buyer and NFN NY
shall serve as valid written documentation of any agreed-upon order details, amendments, or
special arrangements.

8. Severability
If any provision of these Terms and Conditions is found to be unenforceable or invalid under
applicable law, such provisions shall be modified to the minimum extent necessary to make it
enforceable, and the remaining provisions shall continue in full force and effect.

Acknowledged and Agreed:
Buyer Signature: _______________________ Date: _______________
Print Name: _______________________
Company: _______________________

These terms and conditions are subject to change. The most current version governs all transactions.