Prices

All prices and estimates are in U.S. dollars F.O.B. point of origin.  The buyer will pay all shipping charges.  Prices and availability are subject to change without notice.  All prices are exclusive of sales or other taxes and the buyer is responsible for payment of all such taxes.

 

Payment Terms

Unless prior written approval from Deep Fork Tree Farm is obtained, all purchases must be paid in cash, by approved check or by approved credit card.

If credit purchases are approved by Deep Fork Tree Farm, all credit invoices are due on or before the 30th day from the date of invoice. An additional service charge equal to 18% per annum (calculated daily) will be charged to all accounts not paid within 30 days after the date of the invoice.  In no event will such charges and interest exceed the maximum amount allowed by law.

 

Contract Growing

All varieties on our products can be grown under contract to reasonable desired specifications.  Deep Fork Tree Farm requires a 20% deposit on all contract growing.

 

Deposits

Confirmed or tagged orders will be held with a 20% deposit.

 

Warranties and Limitations of Liability

All products will be deemed accepted, if not rejected in writing, delivered to Deep Fork Tree Farm within twenty four (24) hours of delivery.  All sales are made without any representations, endorsements or express or implied warranties of any kind whatsoever, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose.  Deep Fork Tree Farm will, in no event, be liable to the buyer, or any third party, for any consequential, indirect or incidental damages, including, but not limited to, loss of profits, loss of business opportunity, loss of goodwill, interference with business relationships or any alleged damages for labor involved in replacement of plants, even if Deep Fork Tree Farm has been advised of the possibility or likelihood of such damages. 

Deep Fork Tree Farm's maximum liability in connection with sales of products will not exceed the amount actually paid by the buyer to Deep Fork Tree Farm for the product that is the subject of the claim.  Deep Fork Tree Farm does not warrant or guarantee the accuracy, completeness, correctness, timeliness or usefulness of any information, products or other material provided on this website.  Deep Fork Tree Farm is not liable to any user or anyone else for any decision made or action taken by or based on reliance upon the information contained on or provided through this website.

 

 

 

Miscellaneous

All terms, conditions, or provisions which may appear as pre-printed language or otherwise be inserted by the buyer within any purchase order will be of no force and effect.  In the event a legal action is commenced to enforce any of the terms of purchase or obligations created hereby or hereinafter, the legal action will be instituted and litigated in a court of competent jurisdiction sitting in Oklahoma County, Oklahoma and the internal laws of the State of Oklahoma will govern the rights and duties of the parties.  If either party institutes an action or proceeding against the other relating to the provisions here, the non-prevailing party to such action or proceeding will reimburse the prevailing party therein for the reasonable expenses of attorneys' fees and disbursements and litigation expenses incurred by the prevailing party.

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