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Terms & Conditions

 

The following terms and conditions govern the sale by Horticultural Alliance, Inc. entity named on the invoice ("Horticultural Alliance, Inc.") that will be provided to Customer on orders for  products sold in the United States. By accepting delivery of  products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH HORTICULTURAL ALLIANCE, INC., IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN OR (ii) UNLESS OTHER HORTICULTURAL ALLIANCE, INC. STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in Horticultural Alliance, Inc.'s sole discretion.

  1. Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Horticultural Alliance, Inc.
  2. Governing Law. THE SALE(S) WILL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA. Venue and jurisdiction for all disputes will lie in Sarasota, Sarasota County, Florida.
  3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within Horticultural Alliance, Inc.'s sole discretion, and, unless otherwise agreed to by Horticultural Alliance, Inc., payment must be received by Horticultural Alliance, Inc. prior to Horticultural Alliance, Inc.'s acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other pre-arranged payment method unless credit terms have been agreed to by Horticultural Alliance, Inc.  If credit terms have been agreed to by Horticultural Alliance, Inc., invoices are due and payable within thirty (30) days after the date of the invoice. Horticultural Alliance, Inc. may invoice parts of an order separately. Orders are not binding upon Horticultural Alliance, Inc. until accepted by Horticultural Alliance, Inc.. Any quotations given by Horticultural Alliance, Inc. will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
  4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on Horticultural Alliance, Inc.'s invoice(s). Customers located in the state of Florida will be charged Sales Tax unless Customer provides Horticultural Alliance, Inc. with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Horticultural Alliance, Inc.'s acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for Horticultural Alliance, Inc.'s franchise taxes and taxes on Horticultural Alliance, Inc.'s net income.  If applicable, a separate charge for taxes will be shown on Horticultural Alliance, Inc.'s invoice.
  5. Title. Title to products passes from Horticultural Alliance, Inc. to Customer on shipment from Horticultural Alliance, Inc.'s facility.
  6. Warranties.  HORTICULTURAL ALLIANCE, INC.-BRANDED PRODUCTS ARE WARRANTED TO CONTAIN THE INGREDIENTS CLAIMED ON THE LABEL.  HORTICULTURAL ALLIANCE, INC. DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HORTICULTURAL ALLIANCE, INC.'S RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO REPLACEMENT AS SET FORTH IN HORTICULTURAL ALLIANCE, INC.'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE.  Horticultural Alliance, Inc. reserves the right to modify its warranty at any time, in its sole discretion.
  7. Return Policy
    Some so called "Guarantees" are so wordy they must have been written by some lawyer to make sure that the guarantee doesn't guarantee you anything.  
    Well our guarantee is simple.  If you are not satisfied within 60 days of purchasing our products simply call our Customer Service Department at 800-628-6373 to obtain a return authorization number and return any unused portion with proof of purchase and we will gladly refund you your money, period.  Our goal is to satisfy you.  If you're not satisfied for any reason we will refund you your money.

    In order to return merchandise you must contact our office and explain the reason for returning the merchandise to obtain the necessary authorization.  DO NOT return merchandise without authorization.  Custom formulated materials may not be able to be returned if we cannot use the formulation in our production.
    Items that are authorized for exchange or return are subject to a 15% restocking fee. The restocking fee does not apply to defective merchandise. 
    Prices are subject to change without notice. Quantities are limited to stock on hand.

  8. Products. Horticultural Alliance, Inc.'s policy is one of on-going product update and revision. Horticultural Alliance, Inc. may revise and discontinue products at any time. Horticultural Alliance, Inc. will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. 
  9. Limitation of Liability. Horticultural Alliance, Inc. DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE. HORTICULTURAL ALLIANCE, INC. WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
  10. Applicable Law.  Customer agrees to comply with all applicable laws and regulations of the various states and of the United States.
  11. Service and Support. Horticultural Alliance, Inc. has no obligation to provide service or support if amounts due on an account are past due. 
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