Effective July 27th, 2026

1. Payment

A quote does not constitute a reservation of inventory. A prepayment, deposit, or established terms are required to convert any quote into a confirmed sales order and secure the reservation of the specified plant material.

All new accounts require prepayment to schedule shipping. Once an active account is established, orders require a non-refundable 25% deposit to reserve inventory with the remaining balance due upon delivery unless Net 30 terms have been established in writing. NFN reserves the right to determine, modify, or waive payment terms for any account at its sole discretion.

Credit applications are available on request. Cash, Check, ACH, and Credit cards are accepted; however, a 3% processing fee will be assessed on all credit card transactions.

Remit Checks to:
C/O Accounting
Native Forest Nursery
11306 HWY 411 S.
Chatsworth, GA 30705

Returned checks will be assessed a $75.00 returned check fee. NFN reserves the right to require certified funds or prepayment on all future orders following a returned check.

Overdue accounts will be assessed a service charge of 2.5% per month on the outstanding balance. Any account 60 or more days past due will be referred to a collections agency, and the buyer shall be responsible for all associated collection fees, attorney fees, court costs, and any other fees incurred in the recovery of the overdue balance.

All quoted product pricing is valid for 30 days from the date of issuance. NFN reserves the right to adjust product pricing after the 30-day validity period has expired. Pricing is not guaranteed until a deposit has been received and a confirmed sales order has been issued.

2. Cancellations

All cancellations must be submitted in writing to be considered valid. The following cancellation schedule applies:

• Orders cancelled between September 1 and December 1: 25% of the total order amount will be charged.
• Orders cancelled after December 1 but prior to February 1 of the following year: 50% of the total order amount will be charged.
• Orders cancelled on or after February 1: the buyer shall be liable for payment in full.
• Partial order cancellations are subject to the same cancellation schedule above, applied proportionally to the cancelled portion of the order.

In the event seller is unable to fulfill an order due to crop failure, inventory loss, or other circumstances beyond seller’s control, buyer will be notified promptly and any deposit paid for unfulfilled material will be refunded in full or applied to a substitute order at buyer’s discretion.

3. Claims

All products will conform to the name, description, and quantities specified on the order. Any claim to the contrary must be submitted in writing, with supporting photographic documentation, within 5 business days of receipt of shipment. Claims received after this period will not be considered.

Buyer is responsible for inspecting all material at the time of delivery prior to signing off with the carrier. Claims arising from damage that occurred during transit must be noted on the carrier’s delivery receipt at the time of delivery and submitted to NFN in writing within 5 business days. NFN will assist buyer in documenting and submitting such claims to the carrier; however, responsibility for in-transit damage rests with the carrier, and NFN’s liability for shipping damage ceases upon delivery of plant material to the carrier, as set forth in Section 5.

In no event shall NFN’s liability exceed the purchase price of the applicable order. All claims shall be governed by the laws of the State of Georgia, and buyer expressly agrees to jurisdiction in the State of Georgia.

4. Limitation of Liability

Seller makes no express or implied warranty regarding growth performance, fitness for a particular purpose, survivability, or any characteristic beyond those addressed in Section 3 of these Terms.

Seller shall not be liable for failure to deliver any or all plant material in the event of fire, flood, war, adverse weather conditions, labor shortages, or any other cause beyond the seller’s reasonable control. In the event of a shortage due to such circumstances, seller reserves the right to allocate available plant material in a manner deemed fair and reasonable at seller’s sole discretion. Seller’s sole liability under such circumstances shall be limited to a pro rata refund of amounts paid for plant material that cannot be supplied.

Buyer assumes full responsibility for proper handling, storage, and planting of all material upon delivery. NFN shall have no liability for plant loss or damage resulting from improper storage, handling, or planting conditions after delivery.

5. Shipping

Bareroot seedling/Bioengineering products must be shipped during dormancy. NFN ships bareroot seedlings/bioengineering material between December 15 and April 30 of any given year. All pricing is FOB Native Forest Nursery.

Buyer assumes all risk if shipment of bareroot or bioengineering material is requested outside of the standard dormancy shipping window (December 15 – April 30). NFN shall have no liability for plant loss or damage resulting from out-of-window shipment at buyer’s request.

Seller may arrange shipping on behalf of buyer; however, unless otherwise agreed upon in writing by both parties, buyer shall reimburse seller for the full cost of any shipping expenses incurred on buyer’s behalf.

Shipping costs are estimates only until a final invoice is issued. Actual freight charges may vary based on carrier rates, fuel surcharges, and order weight/volume at time of shipment.

Seller’s liability for shipping damage ceases upon delivery of plant material to the motor carrier. NFN assumes no responsibility for damage occurring after plants have been loaded for shipment.

6. Tax

Orders shipped via common carrier or third-party freight are FOB Native Forest Nursery, and Georgia sales tax applies. Orders delivered by NFN-operated vehicles or personnel are subject to sales tax based on the destination state’s nexus requirements. Applicable sales tax will be charged on all orders until Native Forest Nursery receives a valid, properly completed tax exemption certificate. Tax charged prior to receipt of a valid exemption certificate is non-refundable.

7. Authorized Agreements & Electronic Acceptance

Only written agreements issued by authorized NFN personnel are binding. Verbal commitments, representations, or promises made by any NFN employee or representative that are not confirmed in writing do not constitute a binding agreement.

These Terms and Conditions are incorporated into and form part of NFN’s Account Application. By signing the Account Application, buyer acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions in their entirety, including any future orders placed on the account. Email correspondence between buyer and NFN shall serve as valid written documentation of any agreed-upon order details, amendments, or special arrangements.

8. Severability

If any provision of these Terms and Conditions is found to be unenforceable or invalid under applicable law, such provisions shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.