VB TERMS AND CONDITIONS OF CONTRACT
“Vendor” is V&B Nursery, its owners, principals, employees, agents, and any dbas of the foregoing. You are creating a contract between you and “vendor.”
Forum Selection and Choice of Law
This contract shall be construed and interpreted in accordance with the substantive laws of California. Whether you order from elsewhere in CA, out of state, via internet, telephone or electronically, you and “vendor” expressly agree (1) San Bernardino County, CA is where this contract is formed, where your payment is tendered and accepted by “vendor,” and performance occurs, (2) to waive any rights to invoke the jurisdiction of any court other than in San Bernardino County, CA, and (3) agree to accept the exclusive jurisdiction of any court in San Bernardino County, CA for hearing and determination of any and all disputes that may arise under this contract.
*Warranty is not included in this price*
There are no warranties which extend beyond the description of the goods: all item(s) are shipped according to agreed upon size/specimen. “Vendor” gives no warranty, expressed or implied, as to life, description quality, productiveness, or any other matter, of any nursery stock or services. You accept the product “as is” “with all faults” without any implied warranties as to merchantability or fitness for a particular purpose.
Release of Liability
If the product/services was in a defective condition when it left “vendor’s” possession, your remedy is limited to replacement of the product at “vendor’s” place of business once you return to “vendor” any defective product. You are required to make all claims in writing within 48 hours of receiving any merchandize. “Vendor” is not responsible for improper handling, planting, transportation, exceptional weather, or any other damage or loss. “Vendor” is hereby released of any liability or monetary responsibility as a result of its negligence. If you wish to protect yourself from those risks, please purchase insurance of your own: our prices are low because we do not accept any risk or liability other than as expressly set out in this contract.
Thanks for your business!
V and B Nursery
