Terms & Conditions of Sale

Terms:

  • These terms and conditions will be governed, construed, and enforced under California law, without regard to conflicts of law provisions and regardless of your location.
  • You agree that any dispute arising here under must be brought in any federal or state court located in Kern County, California, and you submit to personal jurisdiction of such courts, and waive the right to change venue  or to claim that such venue is inconvenient.
  • You agree that such venue is appropriate and that our agreement to sell and deliver products and services to you is conditioned and dependent on this provision.

Credit:

  • Credit can be established by credit application only. Credit determination cannot be assured unless credit application is received by Weeks at least 6 weeks prior to shipment.
  • Product will not be shipped prior to credit approval. If prior credit has not been established, please submit credit card information with your order.
  • Orders received after November 1st may require pre-payment. 

Credit Cards:

  • We accept Visa, Mastercard, Discover & American Express as prepayment.
  • No early payment discount is available if paying by credit card.
  • Payment on shipped invoices with credit card will suffer a service charge. 

Pricing:

  • All prices are F.O.B. Wasco, California. Prices are subject to change without notification.
  • Weeks will charge actual freight for the shipment of the packaged product plus any dropfees or minimums. Refer to price list.
  • Container and Tops In PotsTM prices are subject to a per item price surcharge when shipped should materials cost increase after the printing of this price list. 

Discounts:

  • Credit worthy customers may be eligible for discounts.
  • Discounts only apply to the plant total; they do not apply to boxing, warehousing, pictures, tags, freight, etc.
  • Invoices must be paid in full to earn the discount.
  • Using a credit card as a form of payment negates any discount the customer may be eligible for.

Service Charges On Past Due Accounts:

  • Interest will be charged on past due accounts at the rate of 1.5% per month.
  • All late fees must be paid in full to remain a customer in good standing. 

Pro-Rate & Shortages & Confirmations:

  • All orders are booked subject to crop yield and will be pro-rated in the event of a smaller crop than anticipated.
  • A confimation issued for your order prior to completion of harvest and processing is only a goal based on historical grade averages and is subject to change.
  • No orders or additions for shipments prior to January 15th will be accepted later than October 1st.
  • No confirmed orders of 1.5 grade roses will be scheduled for shipment before January 10th or two weeks after completion of digging.

Revisions & Cancellation:

  • Please submit all revisions/cancellations to your order in writing prior to August 1st.
  • Major Revisions/cancellations after August 1st may result in cancellation of the entire order and may affect future order acceptance or confirmation. 

Purchase Orders:

  • We will receive, but not accept, purchase orders for the purpose only of identifying your order and indicating shipment breakdowns to locations.
  • Your purchase order will not modify or override any of our terms and conditions or create any obligation on Weeks Roses for anything, including price, shipment timing or payment terms. 

Substitutions:

  • Weeks Roses reserves the right to substitute to closest grade if specified grade is not available.

Non-Responsibility:

  • Upon delivery of the merchandise to a carrier from shipping point, the title to the merchandise and the risk of its subsequent loss or damage shall pass to buyer.
  • Any personal property tax or other tax of any nature there after assessed against or levied upon the merchandise by any taxing authority shall be paid by buyer. 

Damage In Transit:

  • Weeks will cooperate with our customers to establish any legitimate claim against a carrier for loss or damage in transit.
  • In the event of transit damage, all claims must be noted on the bill of lading. 

Guarantee:

  • We give no warranty express or implied as to life, description, productiveness of any stock we sell.
  • We exercise care to have all stock true to name, however it is understood that should any stock prove untrue to name we shall be liable only for the sum paid for stock which may prove untrue to name and not for any greater amount. 

Claims, Loss or Damage:

  • It is the buyer's responsibility to examine stock immediately upon receiving the shipment.
  • Reports of loss, damage or unsatisfactory stock must be reported in writing to our office within 10 days of delivery. PHOTOGRAPHY IS REQUIRED.
  • Weeks will not be responsible for loss of plants after they are sold and removed from your premises.
  • It is expressly agreed and understood that Weeks' liability shall in no event exceed the purchase price paid.
  • Plants should be held un-pruned for evaluation by a representative of Weeks Roses. In the event of a claim, a Weeks' salesperson may visit the buyer's facility to verify reported claims. 

Failure to Break Dormancy & Viability:

  • Plants that fail to break dormancy must be reported to a Weeks' representative within 5 weeks of the arrival date. PHOTOGRAPHY IS REQUIRED.
  • Failure to report breaking issues within the 5-week period will result in the loss of any credit which may be available from Weeks Roses.

 
Patented & Trademarked Varieties:

  • Each plant so indicated with a patent number/registered trademark is a variety protected under the United States Patent Laws.
  • Any unauthorized asexual reproduction or distribution of propagating material (scions, buds, or cuttings) by sale, gift or otherwise, without license from the patent holder, constitutes an Infringement of the plant patent/registered trademark and will subject the reproduced, seller, or distributor to prosecution for infringement under the United States Patent.