Terms & Conditions

Terms

All prices are F.O.B. Turtle Creek Nursery, Delavan, WI.  For established accounts, terms are net 30 days from date of shipment. Overdue accounts are subject to a service charge on the unpaid balance at 1.5% monthly (18% annual percentage rate).   No spring orders will be processed if there is an outstanding balance from the previous year.  If there is no established credit, please arrange payment prior to shipment of the product. To establish credit, please request a credit application. Our general requirements are 3 reliable trade references and bank information.

Guarantee

All our plant material has been inspected and certified by the Wisconsin Dept of Agriculture, Trade and Consumer Protection to be healthy.  Turtle Creek Nursery guarantees that plant material is in good growing condition when it leaves our site. As we have no control over what happens to the plants after they leave our yard, we cannot guarantee or be responsible in any way for the results secured in transplanting.

Tagging

Customers must make an appointment to come to the nursery.  Only serious inquires please, as our staff’s time is as valuable as yours.  A charge of 10% will be added to the cost of tagged items. Customers must accompany any of their clients who wish to view or tag nursery stock.

Tagged items will be indicated on the order acknowledgement, including size and price. These descriptions are final. Tagged items, once dug and shipped, cannot be cancelled for any reason.

Out of Season Digging

Customers accept all responsibility for plants dug out of season. Turtle Creek Nursery assumes no responsibility.

Order Fulfillment

Turtle Creek Nursery reserves the right to cancel a portion of or all of an order should injury befall our stock from hail, windstorm, frost, other weather conditions, insect and disease injury, or other causes beyond our control. We will not be responsible for any other expenses, losses or inconvenience which the change in order may sustain as a result thereof.  We will do our best to provide comparable substitutions, whenever possible. Material will not be dug until a receiving date has been confirmed.

Customer Pick Up and Tarping

Vehicles used to pick up orders should be equipped with adequate tarps, ropes and straps for securing and protecting the plant material. No claim will be entertained for any reason if the product on the truck was not properly secured or covered.  Turtle Creek Nursery is not responsible for damage to trucks or trailers in the normal course of loading. 

Freight Services

Turtle Creek offers transportation of your plant material for an additional charge.  Freight prices are determined by the zone and are subject to change without notice. Contact our office to request further information.

Claims

The condition and count of nursery stock should be conducted as soon as the shipment is received.  We will not entertain claims for shortages or damaged material after the plant material was accepted unless it is noted in writing on the bill of lading upon receipt of the shipment. Notice of shortages or damage must be received within 48 hours of receipt of the shipment.  We will not be responsible for any amount greater than the purchase price of the stock ordered.

Cancellations and Return of Merchandise

There are no cancellations once plant material has been dug for you.  We do not accept cancellations or returns of plant materials ordered in error, items in excess of a job, or items cancelled by your customer.

Guarantee of Variety

If any nursery stock proves untrue to the description or variety name under which it is sold, Turtle Creek Nursery will, with proper proof, replace such nursery stock or refund the original amount paid. We shall not be responsible for any amount greater than what was originally paid for.