TERMS & CONDITIONS:

I. Placing Your Order

Lead Times
Due to the nature of our business, orders are propagated per order, and we require up to a 12-week lead time for your order. Additionally, Pleasant View Gardens, Inc. prides itself as having a wide offering of speculative plant material during peak shipping weeks 1-20, all subject to availability.

Order Cancellations
We regret we cannot accept cancellations within eight (8) weeks of ship date. Any order(s) canceled within 8-weeks of shipping will be the fnancial responsibility of the broker/customer. Any Proven Selections® Clematis orders cannot be canceled within ten (10) weeks of ship date. All Proven Selections® Clematis orders canceled within 10 weeks will be the financial responsibility of the broker/customer.

Order Cutoff Times
Changes to or additional grower truck orders must be received by Friday at 12 p.m. EST week prior to shipment. Pleasant View Gardens, Inc. will accommodate last minute FedEx shipping requests until Tuesday at 12 p.m. EST of the same week utilizing expedited shipping services.

Tags
All Proven Winners® and Proven Selections® plant material comes with one tag per plant. Each individual tag contains legal and growing/cultural information needed to sell that product. Tag exchange is available for larger container or combo/mono hanging basket production. For more information on Tag Exchange see page 291of our Grower Resource Guide, or contact your Customer Relations Representative.

Branded Containers/Proven Package Program
All Proven Harvest™ Edibles, ColorChoice® Shrubs, Proven Winners® Perennials, and select Proven Winners® Annuals require Proven Winners® branded containers. In this situation Pleasant View Gardens, Inc. will automatically ship default branded containers and trays to match liner tray size. For a comprehensive list of varieties, container defaults or additional container options please see page 277 of our Grower Resource Guide. For questions or additional program details contact your Customer Relations Representative.

Special Grow Program
All current and existing Proven Winners®, Proven Selections®, and Savor™ Edibles & Fragrants varieties can be specially grown to meet your production needs. Contact the Customer Relations Team for more information.

Program Details:

  • Lead Times: 12 weeks prior to ship date
  • Order Minimum: 10 trays per variety per ship date
  • Container Sizes: *Enhanced™ 32, 50 Deep, 64 Half-Tray, *Enhanced™ 72, 84, or 128

* Limited to varieties that benefit from the Enhanced™ treatment

II. Claims

Pleasant View Gardens, Inc. is committed to shipping orders on time and in excellent condition. All reasonable claims for extreme weather damage or mishandling by freight companies will be honored for orders shipped on Pleasant View Gardens, Inc.’s account. (Please note – Pleasant View Gardens, Inc. cannot be held responsible for Third Party or Collect Freight orders.)

  • Please do not discard your shipment (plant and packing material) as it may be necessary to return it to Pleasant View Gardens, Inc.
  • Photos or digital images are required to process claims.

Quality Claims
Please contact your broker or Pleasant View Gardens, Inc. Customer Relations Representative within seven (7) days of receipt. Additionally, brokers are to contact Pleasant View Gardens, Inc. within seven (7) days. For any claim exceeding 20% of order, please contact both Pleasant View Gardens, Inc. and your broker. Credit(s) will not be issued for claims received after seven (7) business days of order receipt. Final numbers must be reported to Pleasant View Gardens, Inc. by the broker within 30 days of preliminary notification. Claims will be closed if final numbers are not received from broker within the 30-day time frame.

Streamliners™ Specific: 10% of the cells may be missing one plant of the three varieties per combination. Any claims over the 10% threshold of the cells will be honored.

Grower Truck Deliveries
Please take a moment to review your paperwork and plant quality at time of delivery. Any and all transit damages, quality concerns, or shortages need to be written by the customer on the Pleasant View Gardens, Inc. paperwork before signing for plant material. Credit(s) will not be issued for claims if issues are not documented at time of delivery.

Transit Damage
Please report transit claims to your Pleasant View Gardens, Inc. Customer Relations Representative within 24 hours of delivery. Credit(s) will not be issued for transit damage after 24 hours of receiving your order. Final numbers must be reported to Pleasant View Gardens, Inc. by broker within 30 days of preliminary notification. Claims will be closed if final numbers are not received from broker within the 30-day time frame.

Customer Pick-Ups
Please take a moment to review your paperwork and plant quality prior to leaving Pleasant View Gardens, Inc. Any and all quality concerns or shortages need to be written by the customer on the Pleasant View Gardens, Inc. paperwork before signing for plant material. Claims for quality and shortages will not be honored once plant material has been signed for and left Pleasant View Gardens, Inc. Orders not picked up as scheduled become the financial responsibility of the customer, which includes a 20% restocking fee.

NOTE: Failure to notify Pleasant View Gardens, Inc. of claims within the above time frames will result in denial of claim(s).

III. Shipping Recommendations for Cold Sensitive Plant Material

Phlox INTENSIA® Series
Due to potential crop delays and shipping issues related to low temperatures, the optimal shipping window is weeks 10 to 36.

IV. License Terms and Conditions

A licensing agreement will be sent with your order. It is not necessary to return this document.

Propagation Restrictions
Varieties protected by U.S. plant patents may not be asexually reproduced without a license. Contact Royalty Administration International, at 10175 Six Mile Cypress Parkway, Suite 3, Ft. Myers, FL 33966 or telephone 800-472-4724 or fax 941-728-4833 for more information regarding plant patents.

V. Limitations of Warranty

Pleasant View Gardens, Inc. warrants to the purchaser that Pleasant View Gardens, Inc. shall conform to descriptions on these pages, and with respect to plants, Pleasant View Gardens, Inc. warrants that such plants will be viable when received. All other warranties, whether expressed or implied and including but not limited to the warranty of merchantability of fitness for a particular purpose are excluded from this contract of sale. Purchaser shall be limited to the amount of the purchase price of any Pleasant View Gardens, Inc. product on which claim is made as their exclusive remedy for breach of the warranty expressed herein and for negligence and otherwise. Under no circumstances shall Pleasant View Gardens, Inc. be liable to purchaser or any other person for consequential or incidental damage.

VI. Other Details

  • Price and Terms are subject to change.
  • All varieties are subject to availability of stock and/or seed quality.
  • Freight Charges are FOB Shipping Point.
  • Additional charges may apply to Third Party or COD accounts.
  • Disclaimer: please visit www.provenwinners.com for official status of all trademarks and patents.

Spring Liner and Prefinished Program Effective Dates:

  • Week 36, 2019 (September 2nd) – Week 35, 2020 (August 31st)
  • All Liner Programs receive bundling pricing, except for Prefinished.
  • Proven Winners
  • Proven Winners