ALL ORDERS ARE ACCEPTED UNDER THE FOLLOWING TERMS AND CONDITIONS

General

These are the contract terms. No oral terms exist which have not been reduced to writing. All promises of performance and any purported changes to the terms herein must be in writing. All orders, oral or written, confirmed or unconfirmed, are accepted under these terms and conditions unless Jones Tree Farms gives specific written authorization for change. In the event of default, defined as Buyer being at least 10 days overdue in the payment of any outstanding account, payment in full of all accounts shall become due and payable immediately. In the event of Buyer’s default in payment, Buyer shall pay and indemnify seller against all collection expenses incurred by Jones Tree Farms These costs may include but not be limited to attorney fees, travel expenses, and all office and personnel expenses of the recovery effort incurred seeking amounts due to Jones Tree Farms. Both parties agree to submit to the jurisdiction of the District Court of Thomas County, Kansas, in the event judicial proceedings become necessary.

 
Guarantee

Shipped Stock

It is mutually agreed that Jones Tree Farms, does not guarantee, express or imply the life, livability or suitability of the stock shipped. Jones Tree Farms does not accept any liability for nonperformance, shortages or delays for any reason beyond our control. All orders are subject to crop growing conditions. All orders shall be void should injury befall the stock from drought, flood, fire, frost, hail or other causes beyond our control. Stock becomes the Buyer’s responsibility when loaded on any means of transportation and travels at Buyer’s risk and expense. Jones Tree Farms will replace at no charge or refund at the original invoice price of any stock proven untrue to name if and when falsely named stock is returned in good condition to Jones Tree Farms. Claims for any cause must be made in writing within ten (10) days after arrival of shipment. Buyer agrees to promptly inspect stock at arrival. Any stock rejected must be reported immediately and held for advice from Jones Tree Farms as to disposition, but in no case should it be returned to Jones Tree Farms without authority.
At Jones Tree Farms we grade and dig to the ANLA specifications as approved May 2, 1986 unless otherwise requested in writing and confirmed in writing on Jones Tree Farms letterhead. All customers are advised that Jones Tree Farms will grade & dig to your personal standards if and only if you specify in writing, in advance of the pricing and digging of stock. It is mutually agreed that the liability of Jones Tree Farms is limited to replacement or refund of purchase price paid.

Bare Root Stock

All bare root plants & trees are packaged in accordance to the American Nurseryman’s standards. We dip every bare root plant in terrasorb moisture gel to seal moisture in the roots. We then surround the root system in peat moss or straw in warmer months to control transit heat and wrap in plastic to further protect your plants for transit. This is "old school" and we guarantee you no one in the nursery industry packages plants to retain moisture like we do!  
If you have any problems with you order, kindly email us <This email address is being protected from spambots. You need JavaScript enabled to view it.> or call our sales and service line at (785) 462-0384 within 24 hours of product receipt. We will take care of any problems that may have resulted in a mistake we have made. 
All stock is freshly dug. We ship in the dormant season and they will not have blooms, leaves or any green on the plants when received (evergreens are the only plants that will).  Dormancy means they have no leaves, no foliage, no blooms and no greenery on them (as in the winter time). They may look dead, but they are not. You can simply scratch the bark on the trees and you will not see black or brown inside as you would if they were dead. You will see a whitish-green color inside and this shows they are alive.  
Our plants are state inspected and you will not receive any dead plants. Soak your plants in water for 2 hours and plant immediately. In the spring time they will leaf out, green out and bloom beautifully.  We guarentee plants to arrive in excellent condition, however after that point, we do not guarentee they will live. This is due to the fact that we cannot assure the plants were handled properly after receipt.

B&B Stock 

If Received, unloaded and accepted, there are no warranties when the customer sees the product and accepts them. No returns, as we can not assure the plants were handled properly once they leave our control.

Stock spaded or planted by Jones Tree Farms

We guarantee our trees to live for one year with a 1/2 price, one time replacement charge. Guarantee is valid only if stock is planted by Jones Tree Farms, with drip system and timer, and properly staked and tied. If any part of standard installation is rejected or installed by customer, any guarantee is considered null and void and customer assumes full liability. Cosmetic defects will not constitute a dead tree. Guarantee does not cover injury to the stock from accidents, vandalism, willful or deliberate damage, failure to water or fertilize, plugged emitters, lack of care, drought, flood, fire, frost, hail, or other acts for God. Request for replacement must be made in writing, via email or mailed letter with print photographs, within one year of the date of installation and must include pictures of entire tree and scratch test of cambium layer.  Jones Tree Farms reserves the the right to inspect the tree. If dead tree is removed prior to replacement or inspection, it must be held by buyer for inspection by Jones Tree Farms. It is mutually agreed that the liability of Jones Tree Farms is limited to replacement or refund of original invoice price paid of the dead tree only. This guarantee does NOT cover installation and mileage charges and if replacement is requested, they will be charged at current rate along with the 1/2 price replacement stock.  Jones Tree Farms does not accept any liability for nonperformance, shortages or delays to replacement stock for any reason beyond our control. All replacements are subject to crop growing conditions and avaliable inventory. All replacements may become unavailable should injury befall the stock from drought, flood, fire, frost, hail, or other causes beyond our control, should this occur, Jones Tree Farms may, at their discretion, replace with similar stock or refund the original invoice price of the tree only.  If refund of original invoice price is requested, it is agreed that that the buyer is responsible for removal and disposal of the dead tree. There is no guarantee on trees we transplant on your property or from other sources than our stock.

Financial Terms

Interest will be charged at the rate of 2% per month (or the highest amount allowed by law) on all unpaid balances, this includes unpaid finance charges and collection expenses. All payments made by the Buyer on any account shall first be applied to any interest due, then against collection expenses (in the event of Buyer’s default), and then applied against the oldest outstanding invoice.

Shipping

Shipping can be arranged by Jones Tree Farms, but seller does not become Buyer’s agent in this event. Alternatively, Buyer may arrange its own shipping. The stock becomes the Buyer’s responsibility when loaded on any means of transportation. All claims for damages or shortages must be made to the shipping company, as Jones Tree Farms accepts no liability for stock once the stock is loaded, but we will do all that we can to assist the Buyer in such a matter. Ordering Preliminary ordering may be done by phone, but all orders must be confirmed on Buyer’s letterhead or on one of our Jones Tree Farms order blanks with authorized Buyer’s authorized signature. All orders, oral or written, confirmed or unconfirmed, are accepted under the terms and conditions above unless Jones Tree Farms gives specific written authorization for change.