PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Growquest 855-476-7673. The collective work includes works that are licensed to Growquest 855-476-7673. Copyright 2003, Growquest 855-476-7673 ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Growquest 855-476-7673 or purchasing Growquest 855-476-7673 products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Growquest 855-476-7673 or to purchase Growquest 855-476-7673 products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Growquest 855-476-7673. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks All trademarks, service marks and trade names of Growquest 855-476-7673 used in the site are trademarks or registered trademarks of Growquest 855-476-7673
Warranty Disclaimer This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Growquest 855-476-7673 disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Growquest 855-476-7673 does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Growquest 855-476-7673 does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability Growquest 855-476-7673 shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Growquest 855-476-7673 has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors In the event that a Growquest 855-476-7673 product is mistakenly listed at an incorrect price, Growquest 855-476-7673 reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Growquest 855-476-7673 reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Growquest 855-476-7673 shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Growquest 855-476-7673 without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice Growquest 855-476-7673 may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Growquest 855-476-7673.
Miscellaneous Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Growquest 855-476-7673 products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Growquest 855-476-7673 products) must be commenced within one (1) year after the claim or cause of action arises. Growquest 855-476-7673's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Growquest 855-476-7673 may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Growquest 855-476-7673 or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer Growquest 855-476-7673 does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Growquest 855-476-7673 is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Growquest 855-476-7673 reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Growquest 855-476-7673 in its sole discretion.
Indemnification You agree to indemnify, defend, and hold harmless Growquest 855-476-7673, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links In an attempt to provide increased value to our visitors, Growquest 855-476-7673 may link to sites operated by third parties. However, even if the third party is affiliated with Growquest 855-476-7673, Growquest 855-476-7673 has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Growquest 855-476-7673. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Growquest 855-476-7673 seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Ordering and Payment
It is preferred that you to make an order using the the web site. We provide telephone and when possible on site consultation. When you are are wanting many roses or mixture of different plants you will get a competitive quote and more shipping information that just using the shopping cart.
We process payment VISA and MASTERCARD credit card payment AT TIME OF DELIVERY and acceptance of the products, not at the time shipping of the products.
Growquest is a cash and carry nursery or at least tries to be. Meaning "we aint go no cash and carry them ther plants to ya to get some." The products sent to you have been harvested, grown or bought for your order with cash or very little credit. Credit is extended on very short terms to allow you to get your product and then make payment back to me so I can re-invest it into more plants. FedEx, UPS, common carriers "carry" your order to the desired destination and you agree provide a check, money order or even cash upon delivery of the product to you. We process payment VISA and MASTERCARD credit card payment AT TIME OF DELIVERY and acceptance of the products, not at the time shipping of the products.
Some orders may require payment in full or deposit prior to shipping. Nearly all ladybug orders and most small plant orders will automatically ship out upon receipt of your order. Deliveries are due upon arrival, if you are not home and have not left a check for payment, then terms are Net 5 days from delivery. If the order arrives via FedEx or UPS and you did not prepay your order then terms are Net 5 days from delivery.
It is not necessary to enter or use a credit card to make an order on the Growquest.com web site. You can choose the FAX / MAIL ORDER option after filling out the the shipping and billing page. Unless your order is delivered by
DO NOT mail your credit card info, while we get orders like this all the time, it is Credit Card Russian Roulette and is not a good idea. If and when that information is needed, and it is only used for FedEx or UPS shipping fees, we will call you or email you to call us. It may also be given directly to FedEx Staff if you prefer
Payment, YOUR CREDIT CARD IS NOT CHARGED FOR THE PRODUCT when it is entered into the Growquest.com web site shopping cart. Your credit card mostly likely will be charged by FedEx to ship your plants GROUND transit. It may be used to ship your ladybugs FedEx 2 day or 3 day air.
California, Las Vegas buyers that make larger orders will often be delivered by Growquest or Growquest Agent(s). In that event no shipping charge will be applied to your credit card.
I prefer you to make an order using the the web site. We provide telephone and when possible on site consultation. When you are are wanting many roses or mixture of different plants you will get a competitive quote and more shipping information that just using the shopping cart.
The Growquest.com Shopping Cart and web site started out selling ladybugs and biological pest controls, so the shopping cart is ancient, vintage 1998. Shipping costs are not usually accurate and are most often defaulted to $10.75 for Priority Mail Shipping of ladybugs. Most areas of the web site for fruit trees have basic cost of shipping information. Common sense though dictates if you want a 3 to 4 foot tall fruit tree in a pot sent across the Country is going to cost a reasonable amount of money. The further you are away from California the more it will cost you. If you are concerned about shipping costs ask us via email.
Orders of just a couple of #5 fruit trees, a several #1 plants or several bare root roses will automatically ship out.
We do not hold merchandise for anything other than paid orders, unless a deposit on a purchase has been made. If you have selected Mail Order or the PO option then you need to call us or have us call you with a credit card number for the shipping costs
It is far safer for us to call you to verify the order and get the number at that time. Retail customers may use the PO function and use their check number as the PO number. All Mail Order & PO bare root rose and tree orders must be paid for with 6 weeks prior to shipment to guarantee availability of the items you want.
Credit card information entered into the shopping cart will only be used for the payment of shipping charges through FedEx Ground or FedEx Air or UPS and is only stored online for 30 days. Orders older than 30 days may require us to call you for your card information prior to shipping your order. I do not process credit cards for payment of the product portion of your order or any services or materials such as packing materials or rush fees. This is information is also integrated into each part of the check out system and is part your electronic copy that is E-mailed to you after you have made your purchase. All balances are due payable Net 5 days after receipt of merchandise.
I myself have been through some really hard times and can understand almost any issue. If you have received your order and have a sudden issue, like the pet hamster was skateboarding and broke its leg and now needs orthopedic surgery, I get that. But I need to get paid by you or affects my ability to pay my bills or continue shipping my orders, make a refund, get sun glasses for my parrot. So if you need to make partial payments no problem, I can totally understand. Just attach a note to your invoice and let me know, "hey Chris I need a little time" something like, I really don't mind. I had a lady take a year almost to pay $112.00 but it got paid.
Market Prices
The information entered into the Growquest.com and Growquest.net web site is subject to changes in market prices, regulatory changes in the nursery industry, changes in the cost of fuel used in transporting plant and cargo material. Citrus can change in prices depending on some varieties and some sizes.
Roses, bare root and potted through December 2010 until at least December 2012, are the most price volatile plant group. There are substantial changes taking place in the rose farming industry, that are causing many varieties to become very limited not available at all from the farms. Some of these limited or out of production roses are still grown in pots at a higher cost, we are have no problem getting those plants for your but the price is much higher. The amount of bare root plants to the nursery industry is also much smaller, so we may offer you the option of getting that plant a price more than the bare root price, but less than a full grown potted rose.
Market prices rule over any posted price on the web sites, as does market availability. If a prepayment was made the payment shall be refunded if the buyer decides against getting the plant at the higher price.
Bare Root Roses & Plants,.
We sell bare root plants throughout the United States and bring in our plants from late October through the end of April and either keep them in nursery pots or bare root in cold storage. We will ship your bare root plants when the planting time is right for your area or as you indicate in your order or follow up email. We sell roses throughout the United States and have our plants ready from late October through the end of April and either keep them in nursery pots or bare root in cold storage. We will ship your roses when the planting time is right for your area or as you indicate in your order or follow up email. Availability of bare root roses until late December is limited, so contact us if you have special early season needs.
This no minimum order for bare root roses, Growquest provides access to a vast selection of bare root and potted roses. Our prices on roses is often much lower than your local garden center, however for small orders there is a packing charge of $5.00 to cover the cost of roses orders of 4 plants or less. Tree roses require a box strong enough to protect the tree rose from being broken in shipping. Those boxes and packing are $8.00 to $10.00 depending on the size of crown of the tree rose. This box can hold several trees roses and many bushes also.
Orders Of Citrus, Avocado, Olive and other Fruit Trees
This no minimum order for fruiting trees and shrubs, Growquest provides access to a vast selection of fruit producing plant material. Our prices on roses is often much lower than your local sources, if you can even find the plants you want at all.
The packing charge is $7.00 a #5 single bush form plant or 4 #1 plants
The packing charge is $10.00 of two #5 bush form plants or 8 #1 plants
The packing charge is $10.00 a #5 single tree form plant or tall 4 #1 plants
The packing charge is $15.00 of two #5 trees form plants or 8 to 12 tall #1 plants
The packing charge is $22.00 to $28.00 for #15 trees, and beware the shipping costs are high from $60 to $120.00 apx.
Cancellation of Orders
Cancellation or changes in your order MUST BE MADE IN WRITING via email. Cancellation of your order may be subject to the progress of your order, typically during bare root months your ordered is pulled and prepared for shipment within 48 to 72 hours of being placed. Not all potted plants listed here are on hand and some may require special arrangements to be shipped to you. To contact us send an email.
Shipping and Handling, Commercial Freight Charges
Fruit trees and potted roses are not typically ship Next Day Cargo, 2nd Day or 3 Day Select shipping, as this would cost between $85.00 to 185.00 for this kind of shipping.
All cargo leaves the shipping location FOB. All costs of transport and packaging are entirely that of the buyer. For temperature sensitive orders may be adjusted upwards or downwards for the correct cost of shipping as weather conditions dictate. Potted plant charges can very widely. Buyer agrees to assume responsibility for all reasonable and normal costs incurred in shipping their order. Potted plant prices are not calculated until time of shipment or actual delivery. This is because the variables of potting soil and thus weight of the plant, plant height, distance from regional shipping points and carrier terminals, number and variety of plants in the order(s) among other factors.
Ladybugs from late May through September are usually sent UPS 2nd Day Air for amount of 18k or less, 36k & 72K amounts often require Next Day Air shipping that will be billed to your credit card by UPS. We reserve the right to ship ladybugs to you using the best method for your current weather conditions.
We deliver almost anywhere with a minimum of lead-time, full or combination loads. Please call for delivery rates and minimum order requirements. It should be noted that when coordinating the delivery of a large quantity of specimen trees, several days in advance notice should be allowed for the collecting and loading of trees for delivery. In addition, certain size trees may create a wide load for a highway and special permits must be obtained in order to transport these loads. The unloading of the trees at their final destination is the responsibility of the customer, with the assistance of the driver of the delivery vehicle. The customer should make arrangements to have available any necessary equipment to off-load the tree.
For LTL trucking or common freight companies we bill the amount of the bill plus 15 percent administrative overhead when we make the payment and handle the paper work your behalf.
Delivery of #1 through 24" plant material is to the "garage driveway area only, any additional movement of the plant material may be done as a courtesy or for our hourly rate at the discretion of the delivery person.
30" box plant material and larger is strictly to the curbside and buyer is obligated to have staff and equipment on hand to unload and move plant material. In the event that buyer fails to make unloading happen, delivery agent at his discretion may accomplish unloading in the best means possible or return the plant material for unloading and full trip delivery and return expenses to bill to customer.
Return Of Goods
Retail Orders: Plant material may not be returned under any circumstance without prior approval or notice to Growquest and will require via email confirmation. Plants are shipped according to industry specifications and meet those criteria. Rejection of plant material because of a change in needs, change in desired variety, budget needs, or for any other reason other than the actual quality and specifications of the plants will result in restocking charges. Please understand that returning plants via our own trucks, common carriers or any other shipping service may result in damage to those plants that will require weeks or months to grow back out. This renders them worthless for future sales and thus cancels out any credit that could be posted to your favor.
The best solution to this is know what you want before it is shipped, when the plant arrives contact the management of Growquest and resolve any differences.
Return Of Goods Costs
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Dry goods may be returned for a restocking charge of 35% plus loss of any shipping and packing charges. Just send a note and let us know why you are returning the item. You will be given a refund.
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restocking charge of 25% of healthy potted plant material returned plus shipping expenses. Once accepted by the buyer Citrus and Avocado trees may not be returned due to transmission of disease from buyer's location to ours, in addition to County, State and Federal regulations on Citrus plants. If you do not like the order simply refuse at delivery time.
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costs of any other charges incurred by Growquest or it's supporting companies, agents of staff.
Damaged Shipments
All damaged orders must be reported to us and the shipping company who brought your package within 24 hours of arrival via EmailIf necessary we will replace all damaged or lost orders with a refill of the damaged or lost items.
Buyer understands that shipping live potted plants via boxes and cargo trucks is not a perfect means of shipping and that damage may result. Seller shall replace plants that are damaged to the point that it effects the plants ability to thrive or perform effectively. Minor or cosmetic damage such a major leaf drop is not common, but a requirement for immediate replacement. In the event that the damage is prolonged and problematic Seller agrees to replace the plant as weather and production inventory allows.
Claims
Adjustment for claims must be made within 3 days via Email, after receipt of merchandise. Such claims must be made in writing via E mail, confirmed fax or certified mail. Once accepted in good condition we are no longer responsible for potted or well rooted plants. Damage as result of improper care, handling, planting, maintenance or the elements is the responsibility of the Buyer.
Special Offers & Promotions.
We have special offers and promotions from time to time, they are apply only to orders booked at the time those offers are being made by us and the discounts are contingent upon timely payment of your order. They are not retroactive and the offers do not apply mail orders or purchase orders that have not been confirmed after the offers expire. Failure to pay your invoice on time may result in the loss of your discount or "free" special offer.
Plant & Packing Prices
Plant prices are listed here are just that, PLANT PRICES. These prices do not include the cost of delivery, packing and shipping. When buying potted roses and fruit trees the best thing to do is to Email over a list of plants you want and then you will get very accurate quote of current market prices and shipping back to you.
Labor Expenses
We are not a landscape contractor, we are a licensed California Nursery. Our interest is not general landscape work but in helping you create the best garden or landscape possible by providing great plants and gardening products or materials.
Consultations on plant and design choices are available for $85.00 an hour portal to portal.
Labor for planting is $65.00 for the first hour and $35.00 per hour after that.
Delivery of #1 through 24" plant material is to the "garage driveway area only, any additional movement of the plant material may be done as a courtesy or for our hourly rate at the discretion of the delivery person.
30" box plant material and larger is strictly to the curbside and buyer is obligated to have staff and equipment on hand to unload and move plant material. In the event that buyer fails to make unloading happen, delivery agent at his discretion may accomplish unloading in the best means possible or return the plant material for unloading and full trip delivery and return expenses to bill to customer.
Preliminary Lien Notice & Material Release
For the benefit of the Buyer and Growquest, we may request information as to developer/owner, general contractor, and lender on all job sites prior to delivery on all shipments. A material release will be issued upon complete payment of account. Please make necessary arrangements prior to shipment. In the event of payment problems or issues arise
Growquest will file a lien as allowed under the laws of the State where the materials were delivered. In the event of a dispute all of the costs of this process are the burden of the buyer. Initial cost of this office work is $75.00 plus all reasonable costs and there after.
Collections:
All UPS, USPS or FedEx orders that are shipped are due Net 5 Days after arrival to your location. Your credit card will be billed for the shipping when possible unless other arrangements have been made ahead of time.
All items delivered by Growquest or its Agents are due upon delivery, your credit card will not be billed for the delivery.
Items we offer for sales or promotions and the discounts that are given on our items are offered in good faith that you will be paying for your invoice in a timely manner upon arrival. Failure to pay your invoice within the TERMS will result in the loss of your discount or "free" special offer. We reserve the right to void all discounts on orders that unpaid after 5 days of arrival.
When we ship your product we typically enclose an invoice for payment, the invoices are always sent through are Quick Books billing system prior to shipping and after shipping. We have a policy of E-mailing your invoice 3 times prior to taking additional action. For larger order we may call you from time to time to collect the invoice.
Terms are Net 5 days from arrival of your order. Growquest is not a large business and is not able to carry your invoice beyond that limited time, without incurring major costs. Balances due are carried at 36% annual rate, plus a $5.00 bi-monthly billing fee.
Our policy is turn over your order to a Paralegal or Lawyer for collection. Once that occurs you will incur a $35.00 contact fee from our paralegal, unless the billing mistake is our own and there is no balance due. Failure to pay your bill through the first contact will result in additional charges $65.00 hr of their time and all reasonable legal fees or to collect your balance due there after. This process may require out of State and local collection actions substantially raising your invoice costs. Really it is far better just to make some small payments if you are light on cash.
I myself have been through some really hard times and can understand almost any issue. If you have received your order and have a sudden issue, like the pet hamster was skateboarding and broke its leg and now needs orthopedic surgery, I get that. But I need to get paid by you or affects my ability to pay my bills or continue shipping my orders, make a refund, get sun glasses for my parrot. So if you need to make partial payments no problem, I can totally understand. Just attach a note to your invoice and let me know, "hey Chris I need a little time" something like, I really don't mind. I had a lady take a year almost to pay $112.00 but it got paid.
Cancellation, charge backs or invalid credit issues with FedEx or UPS. Your shipping charges is your responsibility to pay, when you do not pay it or charge it back through your credit card provider, FedEx and UPS bill Growquest and they charge us an extra $10.00 for doing that, or more. We will contact you and ask you to call them to fix that issue, if you do not we are required to collect it from you.
Commercial orders. Commercial orders are expected to honor their financial promises in return for discounted prices. In the event your payment does not arrive within the agreed upon time frame and it cause service charges at our bank, you will be billed for any all related costs. In addition to any and all costs of collection.
Non Warranty
Growquest exercises the utmost care to keep all varieties true to name. However, each sale is made subject to the condition that should any plant material sold by it prove to be otherwise, Growquest liability will be limited to the sum actually received by it for such material, and in no event shall it be held liable for any greater amount.
Limitation of Remedy: We warrant to the extent of the purchase price only that the seeds or plants sold here under are as described on the label within recognized tolerances. No other warranty is given, expressed or implied, (1) of the merchantability or fitness of the seeds or plants for any particular purpose, or (2) against loss due to any cause. We cannot accept any responsibility for the many uncontrollable growing and climatic conditions (soil preparation, fertilization, weed and pest control, temperature control, irrigation…etc.) that must be met to insure the success of your crop(s).
Legal Actions Notice - In the event there is a need for legal action to enforce payment or any other disputes Buyer agrees to bring forth or is made aware that Buyer will be subject to the jurisdiction of the Superior Court of California, Ventura County and the Central District of the 9th Circut Federal Court, Los Angeles California.
