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2018 Seed Catalog

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4500 Earth City Expressway<br />

Earth City, MO 63045 • 314-506-4500<br />

TERMS & CONDITIONS OF SALE<br />

Ordering and Acceptance of goods shall constitute assent to the following:<br />

THIS IS A WHOLESALE CATALOG PUBLISHED FOR AND GIVEN ONLY TO THE COMMERCIAL<br />

HORTICULTURIST WHO IS ACTIVELY GROWING ANY TYPE OF PLANTS FOR RESALE OR RESEARCH<br />

Ordering and acceptance of goods shall constitute assent to the following:<br />

ACCEPTANCE OF ORDER: We reserve the right to refuse any order, with or without<br />

accompanying payment, until it has been audited, approved, and accepted by<br />

an authorized representative at Hummert International’s main office in Earth City,<br />

Missouri, USA.<br />

CONFIRMING ORDERS: Any order received at Hummert International’s main<br />

office that has not been designated as a confirming order will be treated as a new<br />

order. Any freight or other expense incurred due to a confirming order not being<br />

so noted and then duplicated, will be charged back to the customer.<br />

PRICES: All prices are subject to change without notice. All orders will be invoiced<br />

at the price in effect at the time of shipment.<br />

PACKAGING AND HANDLING CHARGE: All merchandise ordered for shipping<br />

via UPS or USPS will have included with the shipping charges, a $3.75 packing<br />

and handling charge per individual package. A $8.50 handling charge will also be<br />

assessed on certain items that are considered oversized and cannot fit into a box.<br />

Please consult with our sales representative when ordering this type of merchandise.<br />

CREDIT: Those who desire credit with Hummert International please visit http://<br />

www.hummert.com/credit-application or call our office for a copy.<br />

TERMS: Payment for merchandise is net cash or check with order unless<br />

approved credit with Hummert International has been established. All invoices<br />

other than net cash or check shall be governed by the credit terms found on the<br />

signed copy of our credit application. Your acceptance of merchandise shall constitute<br />

your approval of these terms.<br />

RETURNED CHECKS: There will be a $25.00 charge for all checks returned for<br />

whatever reason.<br />

GOVERNING LAWS: This contract shall be governed by and construed in accordance<br />

with the laws of the state of Missouri. Missouri courts, specifically either<br />

the Circuit Court or Associate Circuit of St. Louis County, Missouri, or the United<br />

States District Court for the Eastern District of Missouri, shall be the sole and<br />

exclusive forum for disputes arising out of this Agreement, except that seller shall<br />

have the right to waive this clause and bring suit in any other court of competent<br />

jurisdiction.<br />

CLAIMS AND SELLERS LIABILITY: All claims for alleged defects in goods or<br />

shortages shall be deemed waived unless made in writing to seller within 10 days<br />

of receipt of merchandise by buyer. Buyer shall afford seller prompt and reasonable<br />

opportunity to inspect alleged defective goods. Seller liability shall be limited<br />

to the replacement of any defective goods, which in no event shall include buyer’s<br />

costs, lost profits or good will, or any other special or consequential damages.<br />

EXPORTS: Please call or email export@hummert.com<br />

WHOLESALE ACCOUNTS: To maintain a wholesale account status and be sent<br />

our biannual catalog and other publications, at no charge, we must request an<br />

annual purchase of at least $500 or more.<br />

HUMMERT DELIVERY SERVICE: Please call to check if your zip code is within<br />

our delivery area and which days we are in your area, see the previous page for a<br />

map.<br />

QUOTATIONS: We welcome the opportunity to bid on quantity orders. Upon<br />

receipt of your request, written, by phone or otherwise, we will furnish firm price<br />

quotes for 30 days, unless otherwise stipulated.<br />

MINIMUM WHOLESALE SHIPPING ORDERS: Due to the cost of filling, packing<br />

and processing of an order, we ask that all orders be at least $50.00 or more. Any<br />

order below this minimum will incur a $5.00 less than minimum charge in addition<br />

to shipping.<br />

Please Note: Not all products are available at all locations.<br />

5802 Corporate Dr., Suite 108<br />

St. Joseph, MO 64507 • 816-279-0865<br />

1415 N.W. Moundview Drive<br />

Topeka, Kansas, 66618 • 785-234-5652<br />

SHIPPING: All merchandise purchased from Hummert International will be<br />

shipped F.O.B. our warehouse or shipping point. Freight charges are collect and<br />

goods become the property of the buyer upon acceptance of the goods by the<br />

buyer’s agent (by the carrier) in good condition. The carrier is responsible to<br />

the buyer for the complete and safe delivery of goods. We reserve the right to<br />

make partial shipments, unless otherwise expressly stipulated. All such partial<br />

shipments shall be separately invoiced and paid for when due without regard to<br />

subsequent deliveries. It is the buyer’s responsibility to file claim with the carrier,<br />

if the carrier fails to deliver the goods complete and in good condition. Hummert<br />

International will be happy to furnish advice in filing claims upon buyer’s<br />

request. Additional delivery fees may apply when delivering to residential areas.<br />

Additional lift-gate fees may apply when delivering heavy or exceptionally bulky<br />

items to sites without a loading dock.<br />

PREPAID TRUCK FREIGHT: Customer requesting prepaid truck freight which is<br />

later invoiced will be assessed an additional $15.00 processing charge for this<br />

service.<br />

RETURN POLICY<br />

Customers have up to 10 days to return Hummert stocked products<br />

with no restocking fee, provided they obtain a Return Authorization<br />

Number from customer service. Defective items also require a Return<br />

Authorization Number from customer service if a return is requested<br />

by the manufacturer.<br />

After 10 days, there is a 20% restocking fee. We must request that<br />

merchandise be RETURNED PREPAID and in RESALABLE CONDITION,<br />

for a merchandise credit to be issued, less the original shipping and<br />

handling. After 45 days we will be unable to accept any returns, due<br />

to the seasonal nature of our horticultural business.<br />

Due to state regulations, we cannot accept the return of any<br />

grass, vegetable or flower seeds, bulbs, or live plant material.<br />

DROP SHIP PRODUCTS ARE SUBJECT TO THE VENDOR’S RETURN<br />

POLICY AND MAY EXCEED 20% RESTOCKING CHARGE PLUS<br />

FREIGHT. Therefore, the return policy for drop ship products is separate<br />

from Hummert’s return policy for stocked products.<br />

BOOKS WITH PROTECTIVE SEAL REMOVED ARE NOT RETURNABLE.<br />

MADE TO ORDER AND SPECIAL ORDER PRODUCTS ARE NOT<br />

RETURNABLE.<br />

If you need to make a return please call or email our Customer<br />

Service Department:<br />

customerservice@hummert.com for a Return Authorization Number<br />

(RA#) and instructions.<br />

l NEW WHOLESALE COMMERCIAL ACCOUNTS: We request<br />

that your first order be at least $100.00 or more.<br />

LIMITATION OF WARRANTY – HUMMERT INTERNATIONAL gives no warranties express or implied, including the warranties of<br />

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS TO ANY ITEM IT SELLS, except as otherwise expressly<br />

given by the manufacturer of a particular item. Purchaser agrees that the limit of liability of the Company of all claims for loss<br />

or damage due to any cause shall not exceed the invoice price of the goods. IN NO CASE SHALL THE COMPANY BE LIABLE<br />

FOR LOSS OR DAMAGE TO A CROP OR FOR ANY OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES.<br />

HUMMERT INTERNATIONAL RESERVES THE RIGHT TO REFUSE ANY ORDER, WITH OR WITHOUT ACCOMPANYING PAYMENT,<br />

THAT IS SUSPICIOUS IN NATURE, OR THAT MAY JEOPARDIZE HUMMERT INTERNATIONAL’S EXPORT PRIVILEGES.<br />

All recommendations made by us are compiled from recognized horticultural sources. We are not responsible for damage or failure because of any<br />

recommendations given by Hummert International or our personnel or errors in advertising a product in this catalog, nor variances of color and the actual product.

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