Visit NaturesSourcePlantFood.com for current Terms & Conditions of Sale.
Note: Ball DPF, LLC Terms & Conditions of Sale are country/region specific. The following Terms & Conditions of Sale apply to product sold within the United States and Canada.
Acceptance of Terms
These terms and conditions shall govern orders for merchandises placed with Seller. All negotiations with sales representatives or other agents of Seller are merged herein. No modification of these terms and conditions shall be effective unless in writing signed by Seller. Placement of the order shall constitute Purchaser’s acceptance of these terms and conditions. All orders are subject to acceptance by Seller at our offices in Sherman, Texas.
Limitation of Warranty
Seller warrants, to the extent required by law, that merchandise conforms to the description appearing on Seller’s website and on container labels, within recognized tolerances. Seller makes no express or implied warranty as to any results obtained with their products. SELLER MAKES NO OTHER OR FURTHER WARRANTY, EXPRESS OR IMPLIED. ALL OTHER OR FURTHER WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED. User must always use product as directed. Certain merchandise may be separately warranted by the manufacturer. Seller does not adopt or ratify any manufacturer warranties, express or implied, and Seller shall have no liability thereunder. Seller does not adopt or ratify any manufacturer warranties, express or implied, made by Purchaser upon resale of the merchandise, and Seller shall have no liability thereunder.
Limitation of Remedy
PURCHASER’S SOLE AND EXCLUSIVE REMEDY SHALL BE REFUND OF THE PURCHASE PRICE. SELLER’S LIABILITY, WHETHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCTS LIABILITY OR ANY OTHER THEORY OF LIABILITY, IS LIMITED TO THE AMOUNT OF THE PURCHASE PRICE. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES.
ANY CLAIM WHICH PURCHASER MAY HAVE AGAINST SELLER ARISING OUT OF OR RELATING TO THE SALE OF THE MERCHANDISE SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, SAID ARBITRATION TO BE VENUED IN GRAYSON COUNTY, TEXAS. The laws of several states require arbitration, conciliation or mediation of disputes involving allegedly defective merchandise before legal action may be taken. Purchaser should contact the State Department Of Agriculture for information. Such laws typically require that a complaint be filed with the State Department of Agriculture in time to permit inspection of the merchandise or crops. If such a complaint is filed, a copy must be sent to Seller by registered or certified mail.
Governing Law, Jurisdiction & Venue
The laws of the State of Texas, including but not limited to the Uniform Commercial Code as adopted therein, shall govern all matters arising out of or relating to Seller’s sale of merchandise. ANY DISPUTE NOT SUBJECT TO ARBITRATION AND ANY ACTION TO ENFORCE AN ARBITRATION AWARD ARISING OUT OF OR RELATING TO THE SALE OF MERCHANDISE HEREUNDER SHALL BE MAINTAINED IN THE STATE OR FEDERAL COURTS LOCATED IN GRAYSON COUNTY, TEXAS, AND PURCHASER SUBMITS TO THE JURISDICTION OF AND VENUE IN SAID COURTS.
By accepting merchandise, Purchaser agrees to defend Seller, to hold it harmless and indemnify it from and against any claim or loss asserted by any or all transferees of such merchandise or users of the products of such merchandise who are not notified by Purchaser in writing of Limitation of Warranty, Limitation of Remedy, Mandatory Arbitration, Governing Law Jurisdiction and Venue, and Notice Regarding Merchandise-Borne Diseases in language substantially equivalent to that contained in these Terms and Conditions of Sale. Purchaser's or any third party, exclusive remedy for loss or damage related to the purchase or use of the product is solely limited to refund the purchase price. Seller shall not be liable for any direct or Indirect, incidental, special, exemplary, punitive or consequential damages, including damages for seed or plant production, volume, size, yield or the loss of profits. This limitation of liability applies to any and all claims based on negligence, breach of contract, tort, and breach of warranty or violation of law.
All prices are subject to change without notice. The price in effect at time of shipment will prevail. "Purchase price" does not include delivery freight charges billed to purchaser.
Payment is due in invoiced currency and in accordance with the terms specified on invoice. In the event of default in the payment of any amount when due, and in addition to all other rights and remedies available to Seller, SELLER SHALL BE ENTITLED TO COLLECT A LATE CHARGE OF 2% PER MONTH (24% PER YEAR) OR THE MAXIMUM RATE ALLOWED BY LAW, WHICHEVER IS LESS, ON ALL AMOUNTS PAST DUE FROM THE DATE DUE UNTIL THE DATE PAID. A FEE OF $25.00 WILL BE CHARGED FOR ANY RETURNED CHECK, DECLINED EFT TRANSACTION OR DECLINED BANKCARD TRANSACTION.
Freight & Handling Charges, Inspection, Damaged Goods
The freight and handling charge on Purchaser’s invoice covers shipment of the merchandise to Purchaser’s destination, and replacement or credit for damaged merchandise if the steps listed here are followed. PURCHASER WILL NOT REFUSE OR RETURN GOODS, OR THE RIGHT TO FILE A CLAIM IS LOST AND PURCHASER WILL STILL BE LIABLE FOR THE MATERIAL AND THE FREIGHT. When Purchaser receives shipment:
1) Count all cartons. 2) Inspect all cartons for external damage. 3) Check for open or resealed cartons. 4) Note any damages, shortages, open or resealed cartons on the delivery receipt; the carrier’s representative must also sign the receipt. 5) Open all boxes immediately and inspect for damage due to weather-related issues such as scorched, frozen or broken merchandises; material shortages; etc. NOTIFY SELLER IMMEDIATELY IF A SHIPMENT IS DAMAGED. Call Ball DPF, LLC at 888 839-8722
to report the damage and receive details on what is needed to file a claim.
Cancellations for unshipped product must be received at least 3 days prior to scheduled ship date.
Notice & Return
If the product Is not accepted under these terms and conditions, it must be returned at once in the original unopened container. The purchase price will be refunded. Users of the product are deemed to have accepted the terms of this notice. This notice to buyer may not be orally modified.
Defective/Damaged Returns: Seller shall have no liability for any defect unless notice is given promptly, not to exceed ten (10) days after such defect is or should have been discovered. No merchandise may be returned without Seller’s prior written authorization. Requests to return merchandise must be made within ten (10) days after delivery.
Undamaged Returns: Seller shall have no liability for any undamaged return unless notice is given promptly, not to exceed thirty (30) days after ship date. No merchandise may be returned without Seller's prior written authorization. Requests to return merchandise must be made within thirty (30) days after delivery.
All returns must be in accordance with Seller’s shipping instructions with freight paid by Purchaser. All requests for return of merchandise must be made to Ball DPF, LLC at 888 839-8722
. The Purchaser will also be asked to provide a letter stating the reason for the return.
The order number or invoice number must accompany the return in order to expedite the credit. NOTE: No merchandise will be accepted without prior notification to Ball DPF, LLC at 888 839-8722
. Effective immediately, merchandise that is returned without authorization will not be accepted and credit will not be issued.
Delays, Shortages & Substitutions
Seller shall not be responsible for delays in delivery or for losses resulting from such delays. Seller reserves the right to make partial shipment. In the event of shortages, Seller may substitute such other, similar merchandise as is available.
Trademarks are the property of Ball DPF, LLC and under license from Daniels AgroSciences, LLC, unless otherwise indicated.
ALL SHIPMENTS MUST BE SHIPPED IN COMPLIANCE WITH THE FOREIGN CORRUPT PRACTICES ACT AND THE UK BRIBERY ACT.