Quantities less than minimum orders will be assessed a 20% surcharge per variety. Additional charge of 25% will be made on plants personally selected and tagged in the Nursery and specimens tagged will be priced according to quality selected.

Any taxes arising from the purchase, use or re-sale of goods are the responsibility of the buyer. Seller retains a security interest in all material until paid. In the event repossession or collection becomes necessary, buyer will pay for all costs of collection and repossession, including court costs and attorney's fees whether or not prosecuted to final judgment, with a minimum charge of $250.00. All returned checks are subject to a $20.00 or 5% service charge, whichever is greater.

Bookings: All orders are subject to prior sale unless a deposit of 25% follows the order within 5 days. This deposit is non-refundable and will be credited to the last shipment of the original order. In the event the Buyer fails to purchase, the deposit shall be forfeited and retained by Seller as liquidated damages. In order to receive a confirmation, we require that all Spring bookings be placed before November 1st.

Conditions: Customers must provide a copy of their nursery certificate and applicable sales tax exemption number prior to the time of purchase.

We do not quote wholesale prices to retail buyers and we make every effort to limit the distribution of price lists to licensed nurseries, growers and landscapers.

We urge all buyers to come and inspect plants before buying as we sell only on the following conditions:

If any nursery stock proves untrue to description or variety name under which it is sold, we hold ourselves in readiness, on proper proof, to replace or refund the purchase price as such nursery stock that may prove untrue to description or name. We would also like to note that our Gumpo Azaleas are guaranteed to be fully budded. We shall in no case be liable for any sum greater than the amount originally received for said nursery stock. In no event shall we be liable for any indirect, incidental, or consequential damages including, but not limited to lost profits.

Caution: We accept all orders subject to crop conditions and on conditions that same shall be void should injury befall our stock from hail, fire, frost, freeze, vandalism or other causes beyond our responsible control. All orders are accepted without liability for non-performance if labor shortages or delay in transportation should prevent us from making delivery.

Boxes, Labels, Sleeves: Grasses and liners are boxed as needed for shipment with the boxing fee being $3.75 each box. Fern delivery is guaranteed only if boxed. Customers must decline boxes if unwanted. Customers can request ferns to be sleeved or unboxed and unsleeved. Fern prices include ID tags and boxes. When requested, we will label any plants for $.10 each. Labeling can be with or without your company name and your price. Any tender vegetation will be sleeved at $.10 for a 1 gallon or full gallon, $.20 for a 2, 3, or 4 gallon. The plants marked with (^) will have delivery guaranteed only if sleeved. Customers must decline sleeves if unwanted. Of course, we will sleeve additional items if requested.

Transportation: Tom Dodd Nurseries, Inc. does not have any delivery vehicles. We can help you arrange shipment or you can schedule pickup yourself. Transportation companies set all fees and mileage charges. We have included the following as information only as these are the "general" guidelines of Vermad Trucking: Driver will not be expected to handle plants during the unloading operation. There is a $30.00 charge for each separate pick-up and a $30.00 drop-off charge on partial loads. CUSTOMER IS RESPONSIBLE FOR UNLOADING THE TRUCK. Additional shipping costs may arise if trucks are not unloaded within the freight company's' allotted time frame. When used, the $75.00 reefer unit fee is assigned pro-rata.

Buyer acknowledges that any person who signs the delivery document is authorized to sign it. We have lowered our DELIVERY MINIMUM to only $1,500.00. Please give shipping instructions at time order is placed. If no instructions are given, we will forward to the best of our judgment, without assuming responsibility. Delivery charges are a CASH transaction and are due and payable to the carrier upon delivery unless prior arrangements have been made. If your order is below minimum, you will be charged a minimum freight of $100.00. Claims for any cause must be made promptly upon receipt of stock. When YOU pickup or arrange transportation, the transportation company must be looked to for redress for delay, loss or damage as our responsibility ceases when goods are delivered to them.

We will not entertain claims after goods have been accepted or when report is not received within THREE days after arrival of stock. The implied warranty of merchantability and the implied warranty of fitness for a particular purpose are excluded.

Each shipment is certified that our nursery has been inspected by the State of Alabama.

We cordially invite you to visit us during business hours Monday - Friday, 7 am - 4 pm. We are open Saturday by appointment only. Generally, we take lunch break from noon to 1 pm.

We will be pleased to custom grow any plants for special projects. Terms will be worked out on an individual basis. Should Tom Dodd Nurseries, Inc. not offer varieties you need, please let us know so we can begin growing them for you. Your input is crucial to allow us to adequately service your needs.

Correspondents are requested to use their printed business letterhead.

Credit applications are available.

These are our terms and none of our salespeople or representatives are authorized to alter or change them in any way unless confirmed from our office in writing.