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RELATIONSHIP TO ACCOUNT APPLICATION
These Terms and Conditions together with the Account Application and any fully executed Agreements between the parties contain the entire understanding between the parties as to all matters referred to herein. No other representations, covenants, undertakings or prior or contemporaneous agreements, whether oral or written, regarding any matters that are not specifically contained and incorporated in this Agreement, shall be deemed to have any effect or binding impact upon the parties. The language of this Agreement shall be construed according to its fair meaning and in accordance with its purpose and without regard to whom may have drafted any particular provision herein. For purposes of these Terms and Conditions “Customer” shall mean the legal entity that is a part to any BFG Supply Co. Account Application, or any Order placed with BFG Supply Co. and “Guarantor” shall mean any individual that executes the BFG Supply Co. Account Application as a guarantor.

ACCOUNT APPLICATION
Payment terms are stated on your invoice. Discounts may be offered on certain products in certain situations and will be specified on the invoice. These discounts, if offered, are only available on invoices paid and received into the BFG office within the terms outlined on your invoice via cash or check and payments via credit card are not eligible for discounts. Buyer is responsible for mail time and discounts are only available if BFG actually receives eligible payments during the time frame set forth in these Terms and Conditions. Post marks will not be considered. A finance charge of 2% per month (24% annually) will be assessed on invoices not paid within invoice term date. Payments received towards balance will first be applied to finance charges unless otherwise stated in writing by BFG. BFG reserves the right to assess the maximum amount of finance charges permitted by applicable law. BFG has the absolute discretion to place an account on C.O.D. status until past due balances, including finance charges, are satisfied in full and BFG has determined that Buyer is eligible for the reestablishment of a credit line in BFG’s sole discretion. Any failure of the Buyer to satisfy any of its obligations under a Account Application with BFG, including but not limited to the failure to satisfy amounts due within payment terms shall comprise an event of default. In the event of default, if BFG must employ a collection agency or attorney to collect any past due account, Buyer shall be responsible for the satisfaction of all amounts incurred in collection of any past due account including collection costs and attorney fees.

PAYMENTS
Visa, MasterCard, Discover and American Express are acceptable payments at the time of purchase up to $10,000 or higher as approved by BFG. Payments made after a finalized sale that require (or per request) a change in terms will be charged a 3% convenience fee. Please call BFG Accounts Receivable department at 800-883-0234 Ext 4997. Mail payments by check to BFG Supply Co., LLC PO Box 88120, Carol Stream, IL 60188-8120.

ACCOUNT APPLICATION AND TAX EXEMPT FORMS
Account can be established by submitting a completed BFG Supply Co. Account Application. Allow three to four weeks for complete processing. In addition, a tax-exempt form for your state must be on file with BFG or taxes will be charged on all purchases. The Account Application must be completed in its entirety to avoid processing delays. Failure to provide all information will result in adverse action with respect to Buyer’s application for credit, including declining the application.

INVOICES/STATEMENTS
Product will be invoiced on the date product is shipped from BFG or when delivery information is received from a manufacturer shipping direct. BFG will make good faith efforts to transmit monthly Account Statements at the beginning of each calendar month. Account Statements are reminders of open invoices, however, Account Statements do not grant an additional amount of time to remit payment. Please follow the terms indicated on your individual invoice. Copies of invoices can be located at www.bfgsupply.com or contact BFG at 800- 883-0234. All these documents may be mailed, faxed, or e-mailed. Please contact BFG Supply Co., LLC or visit www.bfgsupply.
com with your choice preference.

RETURNS
Our merchandise is sold on an outright sale basis and is not subject to return unless mis-shipped, damaged or defective. Any shipments refused for reasons other than freight damage will be subject to freight charges both ways as well as a restocking charge. If merchandise is mis-shipped, please contact our office for return authorization. We will arrange return transport and credit.

DAMAGE/SHORTAGE/DEFECTIVE ITEMS CLAIMS
Damage in shipment claims on items shipped via Fed-Ex/UPS/etc., must be made within one (1) business day (24 hours) of receipt of the merchandise. All claims for shortages and defective items must be reported to us within one (1) business day (24 hours) of delivery. All claims regarding billing errors, (pricing, terms, etc.) must be reported to BFG Supply or our representative within 30 days of delivery. Immediately upon receipt of truck shipments, examine the shipment carefully before signing the freight bill. If damage or shortage is evident, do not accept shipment without notation on the freight bill by the driver. Failure to do so may prevent you from filing a claim
with the carrier. If you need assistance regarding damage claims, please contact your nearest BFG service location. A photograph of damaged product needs to be included with any damage claim. Merchandise found to be defective will be picked up (or field destroyed if you are advised to do so) and full credit will be issued provided the merchandise does not look like it has been abused or misused and is in accordance with the manufacturer’s warranty policy. BFG Supply is not liable for damages, injuries or loss of revenue as a result of a manufacturer’s defective item.

DELIVERIES
Title and risk of loss pass to the Buyer upon delivery of the Product. BFG delivers to customers in designated delivery areas according to an established daily routing schedule. Although we do our best to run the same routes on the same days each week, unavoidable circumstances may arise which prevent us from adhering to our normal schedule. Please note that we will do our best to make sure you receive the product you need when you need it. BFG delivery charges vary by location. Please contact your local BFG service center for pricing. Or ask your Sales Representative or Customer Service Rep for current delivery charges. Backorders may be subject to delivery charge. Delivery via BFG vehicles or trucks is subject to the equipment available at the BFG Service Center and the ease of access to the destination. Please contact your delivering service center for details. Some orders may be shipped via Fed-Ex/UPS/ Etc. at the buyer’s expense and are subject to an additional order handling charge. Deliveries outside of our designated area may not ship via BFG and additional freight charges may apply. Please check with the local BFG location for complete details. Please note: all flower and vegetable seed for plant growers are shipped from our Harrisonburg Facility. No orders may be shipped via UPS for a C.O.D. purchase. These orders must be prepaid. Advanced payment arrangements must be made with your local BFG Service Center for all BFG truck deliveries. BFG drivers do not carry cash. Important: All orders for delivery via BFG tractor-trailer must be phoned or faxed in at least 48 hours prior to your scheduled delivery day. BFG will accept “add-on” orders before 10:00 a.m. on the business day prior to your scheduled delivery day but cannot guarantee that they will fit on the trailer. It is necessary that the customer has appropriate personnel present to assist our drivers in unloading.

WILL CALLS
Customers who wish to pick up merchandise from our warehouses are most welcome to do so. However, merchandise is not available in all locations; please call to verify if item is stocked. To help expedite your order, please call your order in ahead. Orders for pick up in the morning should be called into the office by 5:00 p.m. the day before. You may pick up items between 8:00 am-4:30 pm.

RECOMMENDATIONS
All recommendations made by BFG are compiled from recognized horticultural sources or BFG’s knowledge of recognized industries. BFG makes no warranties regarding any recommendation made and BFG is not responsible for any alleged losses of Buyer due to any recommendations given by BFG Supply Co. or its personnel.

NOTICE TO PURCHASER
Seller’s and manufacturers’ only obligations shall be to replace such quantity of product proved to be defective. Before using, users shall determine the suitability of the product for their intended use, and users assume all risk and liability whatsoever in connection therewith.

WARRANTIES
BFG makes no warranty of any kind, whether that be expressed or implied. Except as expressly provided in these Terms and Conditions, all implied warranties or conditions (whether statutory or otherwise) are excluded to the fullest extent permitted by Law. BFG makes no warranty respecting the merchantability of the products or their suitability or fitness for any particular purpose, non-infringement of third-party rights nor does BFG make any warranties against latent defects. Some product(s) sold by BFG may be accompanied by manufacturer warranties from the party that provided BFG with the product(s). All such warranties shall be the responsibility of the manufacturer of the product(s) purchased from BFG, if any warranties exist. Credits are limited to the amount of the original sale. Because of varied interpretations of standards at the local level, Seller cannot warrant that the product meets the requirements of the Occupational Safety and Health Act, or of any local acts or codes that may apply. In the event of litigation through the courts arising from any purchase, the Buyer consents to and submits to the jurisdiction and venue of the courts of
Marion County, Indiana. Mail, phone, and internet orders accepted are subject to these terms and the Buyer in acceptance of the shipment agrees to these terms.
BFG Supply warrants to the extent of the purchase price that seeds or bulbs sold are as described on the container. Subject to the limitation of liability set forth in the preceding sentence, BFG provides a limited warranty that at the time of delivery, seeds or bulbs sold by BFG are as described on the container, within recognized tolerances. As set forth above, BFG gives no other or further warranty, expressed or implied. Note: Every effort has been made to provide current, accurate product
information. Product guides/catalogs are intended to represent the many products offered by BFG Supply Co. Call your servicing BFG warehouse for updated product information or if you don’t see a product or size you need. Chances are we can help you. Here are three points to keep in mind as you prepare to place your order: 1. Order early because stock availability of some items is unpredictable. 2. Prices included in any BFG product guides are intended as instructive guidelines only. 3. Prices may change without notice.

FORCE MAJEURE
BFG is not liable for failure to fulfill its obligations for any accepted Order or for delays in delivery due to causes beyond BFG’s reasonable control including, but not limited to, acts of God, natural or artificial disaster, riot, war, strike, delay by carrier, shortage of products, acts or omissions of other parties, acts or omissions of civil or military authority, government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, acts of terrorism, delays in transportation or inability to obtain labor, materials or products through its regular sources, which shall be considered as an event of force majeure excusing BFG from performance and barring remedies for non-performance. In an event of force majeure condition, the BFG’s time for performance shall be extended for a period equal to the time lost because of the force majeure condition without subjecting BFG to any liability or penalty. BFG may, at its option, cancel the remaining performance, without any liability or penalty, by giving notice of such cancellation to the Buyer.

PROVISION OF AND RELIANCE UPON ACCURATE FINANCIAL INFORMATION
BFG makes all decisions related to the extension of credit to the Customer based upon the disclosures made by the Customer in the BFG Supply Co. Account Application. All parties executing these Terms and Conditions and the Account Application represent and warrant that the information provided to BFG Supply Co. are true and accurate in all respects. BFG Supply Co. is a wholesale distributor and does not as a part of its general practice sell to individuals. All parties executing these Terms and Conditions and the Account Application further represent and warrant that the Customer is a legal entity validly existing and authorized to do business in the State of its formation at
the time of the execution of the BFG Supply Co. Account Application and that any changes in the status of the Customer as a legal entity will be disclosed to BFG Supply Co. within ten (10) business days of the occurrence of any changes in the status of the Customer. If Customer is a limited liability company, corporation, or a partnership, Customer must provide BFG Supply Co. with its Tax Identification Number contemporaneous with the execution of these Terms and Conditions. If Customer is a sole proprietorship, Customer shall provide BFG Supply Co. with Schedule C to its tax return. These Terms and Conditions may be found at www.bfgsupply.com. These Terms and Conditions of Sale are subject to revision and change by BFG Supply Co. without notice, however, the then current Terms and Conditions maintained at www.bfgsupply.com shall be applicable to an given order at the time it is made and shall control. Customer and, if applicable, all Guarantors hereby execute and agree
to these Terms and Conditions and agree to be fully bound by the same.

By its execution of the terms and conditions the applicant affirms and certifies that the information provided on the account application is true
and correct. By its execution the applicant acknowledges they have read, understand and agree to be bound by these Terms and Conditions and
that they will comply with all of the requirements set forth in these Terms and Conditions.