Idyll Acres LLC (Seller) requires a deposit from all Buyers/Customers. Orders for less than $750 (USD) must be accompanied by payment in full. Orders in excess of $750 (USD) must be accompanied by a 25% cash or credit-card deposit, with the remaining 75% due prior to shipment.
Any Buyer who cancels an order more than 60 days after payment of deposit, or less than 30 days prior to December 1st (for trees scheduled to ship in the New Year), shall forfeit his/her deposit. Requests for cancellation must be made in writing.
Unless given specific instructions by the Buyer, Seller will ship by the method it deems best. Buyer shall, in all cases, bear the cost of shipping.
Risk of Loss
Nursery stock is perishable. Buyer assumes all risk of loss upon Seller’s delivery of trees directly to Buyer or to shipper, whether selected by Seller or by Buyer. Any claim for shortage or damage must be reported to the Seller within twenty-four hours of receipt of delivery.
We pledge that our trees will be healthy and in good condition when we ship them to you. That constitutes essentially everything we can pledge. We cannot guarantee the trees’ success, either in growing to healthy full-sized trees or in producing fruit, beyond that point.
Seller reserves the right to prorate or cancel any order, in whole or in part, due to adverse effects on its operations from fire, frost, flood, drought, disease, casualty, counting error, spoilage, labor problems, and any other circumstance beyond Seller’s control.
Nursery stock cannot be returned without Seller’s express written consent, and in all cases will be refused if they have been improperly stored, planted, treated, pruned, or modified in any way.
Limitation of Liability
Idyll Acres LLC’s maximum liability, under any circumstance, is limited to the amount paid to Idyll Acres LLC by the Buyer for the purchase of (or deposit on) nursery stock, regardless of the nature, cause, or extent of any loss sustained by a Buyer.