Farm makes no warranty regarding its products, merchantability or any
other types of guarantee, express or implied. All of our plants are
sold true to form and general species characteristics. All plants
will be shipped in good condition, in proper packaging to extend the
viability of the living plant material. Due caution must be taken
by the customer to insure proper care once the trees/shrubs have
been received and should be planted as soon as possible. If any
product is not shipped in good condition, buyer must notify
Porcupine Hollow Farm within seven days of delivery. Then the
buyer, as directed by Porcupine Hollow Farm, must hold or return the
product to Porcupine Hollow Farm for inspection and/or replacement.
In no event will Porcupine Hollow Farm be responsible for any
indirect, incidental, special or consequential damages of the buyer,
including lost profits, even if Porcupine Hollow Farm has been
advised of the possibility of such losses. With recognition our
dependency on and exposure to the elements, all orders are subject
to crop conditions. A few of such (but not limited to) are
following; Frost, Inventory Error, Flooding, Hail, Fungal Infections
and Insect Damage. Also, all size are estimated in the field
in June. It is normal for a variation in size in about 5% of
**Requested and planned ship dates are accommodated
to the best of our ability. Due to weather conditions, there
is no guarantee that materials will ship on the requested
date. Our stock is freshly dug before shipping. Once the
materials are given to the shipper we cannot change the shipping
address and we have no control over delays in shipping. We are
not responsible for reshipping materials that did not arrive in time
because of customer errors in address input. Any changes to the
shipping date must be requested at least two weeks in advance.
Customer is not to return shipment of trees without agreement from
Porcupine Hollow Farm. If trees are returned without agreement, the
customer is liable for all shipping costs, including the cost to
reship the trees at a later date.
Our trees are shipped at the best time for
successful transplanting. Fall shipping starts in September,
for most evergreens and later in the fall for hardwoods.
Spring shipping cans start as early as January, depending on the
Porcupine Hollow Farm charges interest for all
outstanding balances. The first charges will be assessed 60
days after shipment and charges will be calculated from date of
shipment, as payment is due prior to shipment. If we do not
receive payment within three months, we will file with the court.
Customer assumes all costs related to debt collection. The
parties hereto agree that any dispute arising out of the sale of
these goods shall be arbitrated exclusively in the Antrim County
Court, Bellaire, MI. And the state of Michigan shall be the
forum for any and all litigation that may arise from any sale of
goods by the seller. Customer agrees to assume Porcupine Hollow
Farm's legal costs if found liable.
Orders under $200 are charged at the time the trees are reserved.
For orders over $200, a deposit of 25% will be due at the time at
the time the trees are reserved. The balance is due two weeks
before the scheduled ship date for the trees.
Orders placed after March 1st, for shipment in the same spring, will
be charged in full at the time of ordering.
Cancellations forfeit deposit in most cases. Cancellations
after March 1st will forfeit 50% of the order total. No
reductions in orders after March 15th. Orders over $3,000 paid
by credit card will be charged 3% to cover the card fees we are
charged. There are no fees when order is paid by check. Cancellations
forfeit deposits in most cases. If we are able to cancel the
trees and refund the deposit, we will. Some factors include
the size of the order, how close we are to shipping the order and
whether these have been held for a customer for a length of time
that makes reselling the trees not possible. If estimated
shipping does not cover the actual shipping cost, the difference in
cost will be billed after shipping. Trees are not considered
reserved until a deposit has been received.
Pat and Molly
** Please note: We want you to be a happy
customer! Our goal is to do everything we can to make your
experience with our farm a fantastic one. While our legal
obligation ends with the stock leaving our farm in good condition,
we will try to put in extra effort whenever we possibly can.
Link to happy customers