Terms and Conditions
1. Limited Warranty
Upper Canada Growers Ltd. (UCG) warrants that the plant material it sells are true to name, free from injury, insects and visible plant diseases at time of delivery. UCG further warrants that the plant material will be alive at the time of purchase.
2. Minimum orders
Upper Canada Growers Ltd is a wholesale fruit tree nursery. For orders less than 50 trees, add $15 per tree.
All tree orders and contracts require a deposit. When trees are allocated after grade-out they are first allocated to fill replacements from the previous year, then on the date the deposit was received at UCG.
All orders must be prepaid by cheque or wire transfer prior to or at pickup until credit is established or arranged.
In the case of a cheque being returned NSF a fee of $35 will be added to your account.
Credit card payments in any amount are subject to a 2.95% service charge.
A service charge of 1.5% compounded monthly from the invoice due date will be charged on all overdue accounts.
All trees/prices are FOB Harrow Ontario. Buyer shall pay all costs regarding packaging of plant material including but not limited to wooden skids, plastic shrink wrapping, labour for plastic shrink wrapping, boxes, labour for boxing.
Any claims regarding plant material must be made to UCG in writing within the following time periods:
- Within two (2) days for visible defects, shortages and damaged plants.
- By August 31 following the date of delivery for claims of mortality or poor growth. UCG shall not be liable for losses or claims due to buyers negligence, improper care and unreasonable use and abuse.
- Within three (3) years from date of invoice for claims on errors in variety and cultivar.
If buyers fail to make a claim within the above time frames, the buyer agrees that those claims are waived.
7. Canadian Grapevine Certification Network (CGCN-RCCV)
Although great care is taken to grow virus free grape vines under the directive of the CGCN-RCCV, UCG limits the virus-free certification of vines up to the time of pickup. CGCN-RCCV certification does not guarantee vines will remain virus-free after being planted in the vineyard.
8. Variety Fees
Certain plant and rootstock varieties will have additional fees charged for them. These fees are but not limited to royalties, patent fees, trademark fees, premium variety fees and fees to cover the extra costs incurred to propagate / grow / dig / grade-out / store and ship certain varieties.
9. Patent and Trademark Rights
Canada plant patent laws prohibit the propagation of patented plant material for personal use, offering for sale or selling the plant so reproduced or any of its parts, including the fruit, throughout Canada. Permission must be obtained in writing from Upper Canada Growers Ltd. prior to top working or propagating our patented varieties. The use of Upper Canada Growers Ltd.’s trademarks without authorization is prohibited.
10. Repair of Defects
UCG shall at its sole cost, less shipping, rectify any defects in the materials in which are notified to UCG within two (2) days of receiving the goods. UCG shall not be liable under this clause to remedy:
- Damages undertaken in the shipment of the product from UCG to the customer.
- Defects in or damage caused by work undertaken by the customer or any of the customer’s contractors.
- UCG will not be responsible for tree losses when the grower stores nursery trees with apples or in poorly ventilated storage rooms; plants new trees into fumigated orchards before soil is free from fumigant; or abuses the trees by allowing tree dehydration or weed competition to occur through poor management practices. The buyer is responsible for planting conditions and utilization of proper varieties and rootstock for the orchard location and characteristics.
11. Limitation of Remedies
Buyer agrees that in the case of a valid claim, the sole and exclusive remedies shall be limited to either the replacement of the plant material or a refund of the purchase price of the plant material, at the buyers option. UCG shall not be liable for direct or indirect damages and recovery of any kind shall not exceed the purchase price of the specified plant material.
UCG shall be relieved of any obligations under the order in the event UCG is unable to perform due to causes beyond the UCGs control and/or “acts of god”, including but not limited to adverse weather conditions, drought, frost, hail, ice, snow, wind storms, disease, insects, fire, flood, labour shortages, crop failures, inventory errors, chemical damage, government regulations or restrictions, transportation problems, accidents, or tornados. In the event that the plant materials ordered by the Customer are not available to UCG for any reason, UCG shall provide the Customer the following options with terms and conditions agreeable to both parties: 1) Substituting for another product; 2) Deferring order to the following year; 3) Rescinding the order and refunding the deposit if no other options are available or if terms and conditions cannot be mutually agreed upon.
13. Governing Laws
The terms and conditions shall be governed by and construed in accordance with the laws of Ontario, Canada.
If any terms or conditions is deemed illegal, void or unenforceable for any reason, then that term or condition shall be severed. All remaining terms and conditions shall remain in full force and effect.