POLICY FOR FILLING ORDERS. Aris Horticulture Inc. (Aris) and its branded divisions (Green Leaf Plants™, Keepsake Plants™ and Aris Horticultural Services^SM) will endeavor to fill orders as requested and to make such substitutions as may be necessary with varieties similar to those ordered.

CANCELLATIONS. Aris reserves the right to charge a 20% restocking charge for any material that is in process (primarily but not limited to rooted product) that is cancelled. Aris reserves the right to refuse cancellation of orders for all Aris products within 28 (twenty-eight) calendar days prior to product departing, unless such cancellation occurs by reason of an Act of God. Aris reserves the right to refuse cancellation of orders for brokered products prior to product departing unless Aris and Purchaser shall have agreed in writing to a cancellation date.

PRICES. Prices are subject to change without notice. Information concerning pricing may be obtained from your Distributor Representative or by calling Customer Service Department at 800.321.9573.

CREDIT TERMS. Payment is due on or before the 30th day after invoice date. A Finance Charge of 1.5 percent (18 Annual Percentage Rate) of the amount due for each shipment will be added to statements for payments received after the 30th day after invoice date upon approved credit. In the event of litigation to collect a delinquent account, the Finance Charge shall be at the maximum rate allowed by law.

TRANSPORTATION CHARGES. All prices are F.O.B. shipping point.

LOSS AND DAMAGED SHIPMENTS. All shipments should be accepted from the carrier regardless of condition. If damage is apparent, or if the shipment is delivered short, a notation to that affect should be made on the carrier’s delivery receipt. If damage is of such a nature that it is not discovered until the boxes are unpacked, the carrier’s agent should be notified and arrangements made for an inspection. This should be done immediately after the discovery of the damage, but in no case later than 48 hours after discovery, to Customer Service at 800.321.9573.

PLANT PATENTS. Varieties protected by U.S. plant patents may not be asexually reproduced without a license. Please contact Aris’ agent, Royalty Administration International, at 10175 Six Mile Cypress Parkway, Suite 3, Ft. Myers, FL 33912 or telephone 800.472.4724 or fax 941.728.3172 for more information or a license.

LIMITATION OF WARRANTY. Aris Horticulture Inc. warrants to the purchaser that Aris Products and non-Aris Products shall conform to the description on these pages, and with respect to plants, Aris warrants that such plants will be viable when received. ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED AND INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED FROM THIS CONTRACT OF SALE. PURCHASER SHALL BE LIMITED TO THE AMOUNT OF THE PURCHASE PRICE OF ANY ARIS PRODUCT OR NON-ARIS PRODUCT ON WHICH CLAIM IS MADE AS THEIR EXCLUSIVE REMEDY FOR BREACH OF THE WARRANTY EXPRESSED HEREIN AND FOR NEGLIGENCE AND OTHERWISE. UNDER NO CIRCUMSTANCES SHALL ARIS BE LIABLE TO PURCHASER OR ANY OTHER PERSON FOR CONSEQUENTIAL OR INCIDENTAL DAMAGE.