Nursery Terms & Conditions

Good Hill Farms
Type 1 Propagation Nursery
Terms & Conditions

Listed Pricing & Availability: Are subject to change without notice.

Custom Orders: Custom-grown orders require a minimum 50% non-refundable deposit to begin. The total deposit amount and time required to grow are determined on a case-by-case basis. 

Payment Terms: A 25% non-refundable deposit is required on all orders. Any open balances are due before the Customer takes possession, either via FOB shipping or pick-up. 

Good Hill Farms offers a 12-Month Payment Plan on a case-by-case basis. Payment Plans require a 50% non-refundable deposit and allow the remaining balance be paid in 12 equal monthly payments beginning once Customer takes possession of their order.

Shipping:  Shipping is FOB, which means that the Customer takes possession and all liability of their order once it leaves Good Hill Farms’ premises.  Shipping sourced by Good Hill Farms is billed at cost, including packaging. Shipping is available throughout the contiguous United States although certain states may have permit requirements before shipping can be confirmed.

Pick Up: Orders may be picked up at Good Hill Farms during business hours. Pick up times must be scheduled in advance. Please call 760.205.3291 to schedule.

Holding & Late Fees: If Customer does not take possession within 30 days of Good Hill Farms’ ready date, a 5% (of order total) monthly holding fee will be applied. In the event an order needs to be held over the winter months (December-March) additional holding fees may apply. 

Invoices overdue by more than thirty (30) days from the invoice date are subject to a finance charge of one percent (1%) per month (12% per year). If a Customer has an outstanding account balance over 120 days, Customer will be placed on COD status. Invoices not paid within 120 days will be referred for collection and the Customer will be responsible for all expenses incurred by Good Hill Farms in the collection, including attorney fees, and court costs and related collection expenses.

Returns & Warranties: Good Hill Farms does not accept returns; all sales are final. Customers must report any discrepancies or damages within 72 hours of taking possession of their order for any refund or replacement to be considered.

Good Hill Farms does not warrant the general fitness or longevity of the plants, the climate it is being received in, nor make any other guarantees regarding the plants.

Sales & Use Tax: Customers are responsible for the payment of any and all sales tax listed on Good Hill Farms invoices, including any applicable labor and materials, unless a current exemption certificate has been presented to, and approved by, Good Hill Farms.

Force Majeure Each Party shall be excused from any breach of these Terms & Conditions to the extent caused by any cause beyond its reasonable control, including acts of God, the elements, the public enemy, strikes, walk-outs, or failure of the internet, provided the affected Party (i) gives the other Party prompt notice of such cause, and (ii) uses reasonable efforts and due diligence to recover and resume performance once such force majeure is over.

Variability: Good Hill Farms advises our Customers to be aware that different fruit types, fruit varieties and tree rootstock types will not perform identically in a given site, region or zone. Some varieties and some rootstocks are adaptable to certain sites and some are not. Climate, soil type, biotic and abiotic stresses, and cultural practices all influence the performance of fruit trees. We encourage Customers to carefully watch newly planted trees and respond immediately to symptoms of pests and diseases or other factors influencing tree health.

Patent & Trademarking: Certain varieties offered by Good Hill Farms may be the subject of United States Plant Patents and/or Registered Trademarks. U.S. Plant Patent laws prohibit the propagation of patented varieties for personal use or for sale, or selling the plant or any of its parts, including the fruit, throughout the United States or importing the plant so reproduced, or any of its parts into the United States. Permission must be obtained in writing from Good Hill Farms prior to topworking or propagating any patented varieties assigned to Good Hill Farms. The use of trademarks owned or licensed to Good Hill Farms without authorization is prohibited. The purchase of trees from Good Hill Farms bearing a Trade Name label constitutes authorization for use of Trade Name in the sale and distribution of the fruit produced from those trees.