Search   |   Cart   |   Checkout  |   My Account   |   Feedback   |   Help
 

Terms and Conditions of Sale

USE RESTRICTIONS

The following terms and conditions govern the sale by Horticultural Alliance, Inc. entity named on the invoice ("Horticultural Alliance, Inc.") that will be provided to Customer on orders for  products sold in the United States. By accepting delivery of  products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH HORTICULTURAL ALLIANCE, INC., IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN OR (ii) UNLESS OTHER HORTICULTURAL ALLIANCE, INC. STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in Horticultural Alliance, Inc.'s sole discretion.

  1. Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Horticultural Alliance, Inc.
  2. Governing Law. THE SALE(S) WILL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA. Venue and jurisdiction for all disputes will lie in Sarasota, Sarasota County, Florida.
  3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within Horticultural Alliance, Inc.'s sole discretion, and, unless otherwise agreed to by Horticultural Alliance, Inc., payment must be received by Horticultural Alliance, Inc. prior to Horticultural Alliance, Inc.'s acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other pre-arranged payment method unless credit terms have been agreed to by Horticultural Alliance, Inc.  If credit terms have been agreed to by Horticultural Alliance, Inc., invoices are due and payable within thirty (30) days after the date of the invoice. Horticultural Alliance, Inc. may invoice parts of an order separately. Orders are not binding upon Horticultural Alliance, Inc. until accepted by Horticultural Alliance, Inc.. Any quotations given by Horticultural Alliance, Inc. will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
  4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on Horticultural Alliance, Inc.'s invoice(s). Unless Customer provides Horticultural Alliance, Inc. with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Horticultural Alliance, Inc.'s acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for Horticultural Alliance, Inc.'s franchise taxes and taxes on Horticultural Alliance, Inc.'s net income. If applicable, a separate charge for taxes will be shown on Horticultural Alliance, Inc.'s invoice.
  5. Title. Title to products passes from Horticultural Alliance, Inc. to Customer on shipment from Horticultural Alliance, Inc.'s facility.
  6. Warranties.  HORTICULTURAL ALLIANCE, INC.-BRANDED PRODUCTS ARE WARRANTED TO CONTAIN THE INGREDIENTS CLAIMED ON THE LABEL.  HORTICULTURAL ALLIANCE, INC. DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HORTICULTURAL ALLIANCE, INC.'S RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO REPLACEMENT AS SET FORTH IN HORTICULTURAL ALLIANCE, INC.'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE.

    Horticultural Alliance, Inc. reserves the right to modify its warranty at any time, in its sole discretion.

  7. Return Policy
    Any Products (excluding notebooks, notebook accessories and software): Items may be returned within 30 days from the receipt of product for exchange or refund. Items exchanged or returned after 5 days from the date of receipt are subject to a 15% restocking fee. The restocking fee does not apply to defective merchandise. No refunds or exchanges will be accepted after 30 days.

    Prices are subject to change without notice. Quantities are limited to stock on hand.

    Notice of 30-day period: "30 days from date of receipt" applies to orders placed on the web or with our 800 call center and the items are shipped to you.
  8. Products. Horticultural Alliance, Inc.'s policy is one of on-going product update and revision. Horticultural Alliance, Inc. may revise and discontinue products at any time. Horticultural Alliance, Inc. will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. T
  9. Limitation of Liability. Horticultural Alliance, Inc. DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE. HORTICULTURAL ALLIANCE, INC. WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
  10. Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States.
  11. Service and Support. Horticultural Alliance, Inc. has no obligation to provide service or support until Horticultural Alliance, Inc. has received full payment for the product or service/support contract for which service or support is requested.
  12. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.