P.O. Box 1804
Morgan Hill, CA 95128
arboreum.company@gmail.com

Terms of Sale

All orders are received subject to the following conditions:

Payment with Order.

All orders are to be accompanied by payment by credit card, check or money order payable to “The Arboreum Company.”

Ordering and Confirmation.

The shopping cart will total your order, calculate shipping costs and receive your credit card information to complete your sale. Or, use the shopping cart function of our website to create an order form to order by US mail, by printing the completed form as displayed and sending to our postal address together with your payment. All orders are subject to availability. Any extra charges for shipping, storage, certification, etc., will also be advised and dispatch will be held until payment is received.

Availability.

The Arboreum Company propagates very limited amounts of each variety and offer is limited to stock on hand. Orders are filled in the order received by us.

Advance and Back Orders.

The Arboreum Company receives advance orders for trees on the basis of its newly issued catalog in September of each year. Occasionally we are short of trees by reasons of loss or damage during digging or storage. Because not all trees are available in every year, we are unable to hold orders over from year to year. We will refund your payment for trees that are unavailable.

Cancellations.

Advise us by email of your desire to cancel any part of an order. The Arboreum Company cannot cancel an order once it is packed and delivered to a common carrier.

Commercial Sales.

Trees are offered for garden planting and are sold to commercial growers for trial planting only. Prices for commercial lots are according to quote and are to be received one year before delivery date.

Domestic and Foreign Sales.

The Arboreum Company unable to receive orders bound for foreign destinations, for the states of Hawaii and Alaska, or any U.S. territories or Puerto Rico. Charges incurred for dispatches to certain states, e.g. Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, Tennessee will be referred to the customer. The quarantine laws of certain states prohibit us from dispatch of some species of fruit trees to those states; please consult your local County agriculture office before sending us your order.

Spring Planting.

We are able to hold stock for delayed dispatch only until 1 March. After that date, refrigerated storage is required, at customer’s expense. We recommend customers receive stock at their address by this date, and store on their own premises until appropriate planting time.

Shipping Charges.

The Order Page will calculate shipping costs for you. Shipping charges are not a profit center for our business; your cost of shipping is calculated upon number of trees purchased. We can ship only to addresses in the 48 states.

Sales Tax.

No products sold by The Arboreum Company are subject to sales tax.

Trueness to Name.

Every care is taken to sell stock true to name and description. In event of our error, on timely proper proof being presented, we shall be ready to refund the amount paid or will replace the tree. In no case shall we be liable for more than the price paid for mislabeled stock.

Substitutions.

In view of the unique qualities of each variety we offer, we will make no substitutions, unless authorized by the customer.

Handling upon Arrival.

Upon receiving trees, open the package at once and inspect. If roots of any stock appear dry, soak at above-freezing temperatures for no more than 36 hours. Remove from water. Keep stock cool and roots moist but not wet until time of planting. This is best accomplished by temporary planting in the ground or in pots of soil. Do not leave roots exposed to the air more than momentarily, up to the time the tree is planted. Drying of roots is the usual cause of tree failure, and is responsibility of the customer.

If a defect should be detectable upon receipt, the Arboreum Company will replace if customer informs us within ten days of delivery. If our plant fails to grow after following these instructions and reasonable care, and customer informs us before 1 June of the year of delivery, The Arboreum Company will replace during the following season, with shipping at cost of customer.

In the case of replacing unavailable items, The Arboreum Company shall credit the customer for the purchase price of our substitute stock. If a claim is made in excess of $ 100, stock must remain as planted and The Arboreum Company reserves the right for a reasonable time for its employees and agents to enter the premises to ascertain the cause of failure of its stock.

Delays.

The Arboreum Company cannot be liable for delays after our delivery to the carrier, including those from holding for inspection at any point intermediate between us and customer.

Privacy Notice.

The Arboreum Company shares information of addressee and contents of each order with common carriers and tax and agricultural officials of any state. The Arboreum Company does not otherwise share our customer information with any other parties.