Midwest Aquatics and Exotics

 Terms and conditions

Prices:

All prices are in U.S. dollars unless otherwise stated. All prices exclude shipping, customs, USDA expenses, or other unforeseen shipments expenses.

Restrictions of Sale:

  Midwest Aquatics and Exotics operates a group of specialty nurseries specializing in tropical, rare, and unusual plants and trees. The intended purpose of all plants and trees offered for sale is for ornamental purposes only. Some plants are known to be highly poisonous and toxic to humans and animals if consumed.  By acceptance of nursery stock the buyer acknowledges that Midwest Aquatics and Exotics cannot be held responsible  in any form if plants are used  are consumed or used in a fashion other than the above stated use of the plants. If you do not agree to this restriction do not accept your shipment.

Cancellations:

Any cancellation or reduction by the customer in the quanity  ordered must be submitted in writting. Orders for nursery stock cancelled in whole or part will be billed a 25% cancellation charge if the order is cancelled or reduced after 72 hours of placing the order or if cancelled or reduced within a 72 hour window before the scheduled shipment day.

Returns:

Our nursery stock cannot be returned without express written permission of Midwest Aquatics and Exotics. In all cases nursery stock cannot be returned after they have been accepted, processed, improperly stored, planted, treated, exposed to other plants, modified or used in any way. Management reserves the right to make exceptions on a case by case bases.

Guarantee:

Midwest Aquatics and Exotics guarantees all of our stock is true to name, healthy, and free of pests and disease. As is true in many tropical plants (especially Plumeria)  that are propagated by seed, The offspring produced by this means of propagation sometimes do not produce flowers with consistant color or marking of the parent plant. This is outside of the control of any grower and Midwest Aquatics and Exotics cannot be held liable for acts of nature of this kind.

Contingencies:

We reserve the right to prorate or cancel any order, in whole or in part, because of: strike, labor shortages, fire, frost, drought, disease, casualty, errors in inventory, spoilage, or other circumstance beyond our control.

Substitutions:

If Midwest Aquatics and Exotics is unable to furnish the size or grade of plant material ordered by the buyer, Midwest Aquatics and Exotics reserves the right, without notice to buyer, to supply the closest available size or grade at the current corresponding price, unless the buyer's order or order acknowledgement has noted upon it "No Substitutions".

Taxes:
Kentucky residents are required by law to pay 6% state tax on all purchases.

Limitation of Liability:

Midwest Aquatics and Exotics maximum liability, whether contractual or for negligence or otherwise, is limited in the amount to the amount paid to the Midwest Aquatics and Exotics for the purchase of the nursery stock under all circumstances and regardless of the nature, cause or extent of the loss.

Payment:

To those with credit approved by Midwest Aquatics and Exotics, we extend our usual terms of 14 days net. Overdue accounts will be charged interest at the rate of 1 1/2 % per month or an annual rate of 15% or the maximum allowable rate. Buyer assumes ownership and full responsibility for the goods at the time they ship. However Midwest Aquatics and Exotics retains a vendor's interest in all goods until such have been paid for in full.

Shipment:

All nursery stock is shipped at buyers risk and expense ex-warehouse Florence, Kentucky. We charge for packing materials at our cost. Unless given specific instructions we will ship by the best method and carrier.

Receiving and Acceptance:

Nursery stock is perishable . All shipments should be immediately and carefully unpacked and inspected upon arrival and then place in proper storage. Any problems with the condition or quality of the goods received must be brought to our attention immediatly.

Claims:

Claims for any cause must be made in writting within 5 days after arrival of good, which period of time is expressly agreed to be reasonable. If buyer does not give such notice, buyer agrees to have irrevocable and unconditionally accepted the goods. Midwest Aquatics and Exotics furthermore will not consider any claim after nursery stock has been processed, improperly stored, planted, exposed to other plants, treated, modified, or used in any way. Claims for losses while goods are in transit must be filed by the buyer directly with the carrier.

Severability:

In the event that any part of these terms and conditions of sale is held to be illegal or unenforceable in any jurisdiction, the other parts shall nonetheless remain in full force and effect.

These terms and conditions of sale may not be changed or ammended except by written agreement by an officer of Midwest Aquatics and Exotics. By acceptence of the nursery stock or supplies the buyer acknowledges that the limitations and disclaimers herein written are the conditions of sale and that they constitute the entire agreement between the buyer and the seller.