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. 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 Double-Bar Pine Nursery & Tree Farm, Inc. 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 Double-Bar Pine Nursery & Tree Farm, Inc. Both parties agree to submit to the jurisdiction of the District Court of Riley County, Kansas, in the event judicial proceedings become necessary.

It is mutually agreed that Double-Bar Pine Nursery and Tree Farm, Inc., does not guarantee, express or imply the life, livability or suitability of the stock shipped. Double-Bar Pine Nursery & Tree Farm, Inc. 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. Double-Bar Pine Nursery & Tree Farm, Inc. 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 Double-Bar Pine Nursery & Tree Farm, Inc. 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 Double-Bar Pine Nursery & Tree Farm, Inc. as to disposition, but in no case should it be returned to Double-Bar Pine Nursery and Tree Farm, Inc. without authority.

Ball Size-ANLA specifications unless otherwise requested and confirmed in writing on Double-Bar Pine Nursery and Tree Farm, Inc. letterhead.

Colorado nurserymen be advised that Double-Bar Pine Nursery and Tree Farm, Inc. will ship to Colorado standards if and only if Buyer specifies, in writing, in advance of the digging stock. It is mutually agreed that the liability of DBPN is limited to replacement or refund of purchase price paid unless prohibited by law.

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 can be arranged by Double-Bar Pine Nursery and Tree Farm, Inc., 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 DBPN 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.

Preliminary ordering may be done by phone, but all orders must be confirmed on Buyer’s letterhead or on one of our Double-Bar Pine Nursery and Tree Farm, Inc. 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 Double-Bar Pine Nursery and Tree Farm, Inc. gives specific written authorization for change.