TERMS & CONDITIONS
As of 2004, this site was copyrighted by the United States Government Office of Patents and Copyrights. As such, all material contained herein is considered to be property of McHutchison, Inc. Violations are subject to the laws of the country, state and municipality in which you reside.
You may not at any time reproduce any part of this site without the expressed, written consent of an authorized agent of McHutchison, Inc. The webmaster and Management of McHutchison, Inc, and all authorized agents, reserve the right to grant, reject or revoke these rights and privileges at any time. Violations of this decree can result in criminal and civil charges. Exceptions to this general rule include educational institutions where profits are not involved, whereas those educational institutions may reproduce portions of this web site, provided that those portions are provided "as-is", and that they are exact duplications of site materials, and are used for the purposes of education only. In those times, proper credit must be given as to the source of the information, being McHutchison, Inc.
Materials provided on this site shall never be used for any criminal purposes. In those situations, McHutchison, Inc will not be held liable for any damages that those criminal actions, intentional or accidental, may have caused.
Seller is not bound by any provisions in Buyer's purchase order, if any which may impose any term or conditions herein. Seller's failure to object to provisions contained in such purchase order of Buyer shall not be deemed to be a waiver of the terms and conditions herein which shall constitute the entire contract between the parties.
2. PAYMENT: No discount may be taken unless specified on the face of this document. A finance charge as reflected on the face of this document will be computed on past-due balances.
3. IMPORTED GOODS: In this case of imported goods, Seller will order such goods from a foreign exporter from whom it believes it can procure goods of the best quality and will deliver such goods when received in the United States, F.O.B. port of arrival unless noted to the contrary on the face hereof. Bulbs and seeds will be shipped by the foreign exporter as early as possible after full ripening.
It is expressly understood and agreed that the actual receipt in the United States of the goods shall be a condition precedent to Seller's liability to deliver and the failure of the goods to arrive due to any cause or condition beyond Seller's control shall be a sufficient excuse for non delivery.
In the event definite prices are not made, imported goods will be invoiced at a price that will allow Seller a reasonable importer's fee for doing the business and would cover the charges for United States tariff duties, insurance, transportation and any other items necessary to obtain and secure the goods, and Buyer agrees to pay such price upon delivery of the goods.
4. DOMESTIC SEEDS, BULBS AND PLANTS: With respect to seeds, bulbs or plants grown in the United States, Seller has contracted with growers to grow the kinds or varieties set forth herein. In the event such growers, because of partial or total failure or destruction of their crops, or for any other reason, fail or refuse to fulfill their contracts with Seller, without fault on the Seller's part, the obligation of Seller hereunder shall terminate and cease.
All seeds, bulbs, or plants shall be of standard grades for the current year.
If because of shortage of crops or any other reason, Seller does not have sufficient goods of like nature and quality to those ordered herein to enable Seller to fulfill all of its orders for similar goods, then Buyer agrees to accept and pay for a pro rata share to be determined by the usual custom of seedsmen in the United States.
5. DELIVERY: Any delivery dates noted on the face hereof are subject to reasonable adjustment. Shipment or tender of delivery prior to receipt of written cancellation shall constitute good delivery.
6. TAXES: Taxes attributable to the sale shall be paid by Buyer. In the event any special taxes, sales or occupation taxes or new or additional customs duties are levied by the United States or any state of the United States, upon the goods specified herein or upon the sales of such goods, prior to delivery of this order, then the prices set forth herein shall be advanced to the extent of the increased cost caused thereby.
7. CREDIT: Seller reserves the right to limit or cancel the credit of Buyer as to time and amount and, as a consequence, may required payment either (i) cash before delivery, (ii) cash payment of sight draft against bill of lading or (iii) cash on delivery. Seller may demand payment in cash before delivery of any unfilled portion of this contract. In the event of breach or repudiation by Buyer or any contract with Seller, or in the event of the commencement by or against the Buyer of any bankruptcy, insolvency or arrangement proceeding with respect to Buyer, or in the event Buyer becomes insolvent, or calls a meeting of its creditors or makes any assignment for the benefit of creditors, Seller may cancel this or any other contract with Buyer. In the event of such cancellation, Buyer shall remain liable for damages.
8. CONTINGENCIES: Seller shall not be liable for any embargo, shortage of cars, act of governmental authority, labor trouble, accident, riot, casualty, Act of God, fire, flood, war or other condition or cause of like or unlike nature beyond the control of Seller which interferes with the production, supply or transportation of the goods sold hereunder. In any such event, Seller may, without notice to Buyer, postpone the delivery dates under this contract for a time which is reasonable under all the circumstances, or make partial delivery or cancel all or any portion of this or any other contract with Buyer.
9. CLAIMS: Buyer must accept delivery of the goods regardless of any claim, but such acceptance shall be without prejudice to such claim. However, no claim may be asserted unless made in writing by the Buyer to the Seller within 24-48 hours after any defect in the goods or in Seller's performance hereunder becomes apparent. Seller's liability with respect to the goods sold hereunder whether for breach of warranty or contract, defective goods, non delivery, negligence or otherwise is limited in amount to the purchase price of such goods, regardless of the nature, or extent of any loss. In no event shall Seller be liable for incidental, consequential, or special damages or for loss to crops or for loss of profits.
10. ENTIRE CONTRACT: This document contains all the terms and conditions of the contract between Seller and Buyer with respect to the goods sold hereunder and said contract cannot be altered or modified except in writing signed by the Seller. There are no agreements, conditions, warranties, or representations with respect to the goods sold hereunder other than those herein express set forth.
1. Hiring, placement, promotion, transfer, or demotion of all job classifications;
2. Recruiting, advertising or solicitation for employment;
3. Treatment during employment;
4. Rate of pay or other forms of compensation;
5. Selection for training, and
6. Layoff or termination.
The objective is to recruit, hire and promote individuals qualified for positions solely upon job related standards, education, training, experience, and personal qualifications.