OHANA FARMS, INC. TERMS & CONDITIONS

(Effective 1-1-13)

Ohana Farms, Inc. plant material is sold at wholesale terms. Once ordered, plants are being reserved, custom dug and/or procured specifically for the customer. Unless otherwise stated on your invoice, a 50% deposit is required before the order is confirmed and prior to digging or procuring the items described. The balance is due prior to loading/pick-up or un-loading/delivery. Ohana Farms, Inc. acceptance of your deposit confirms your order and represents your agreement to all of the provisions in these terms & conditions. No changes or cancellations are permitted once your order is confirmed – although we may at our sole discretion, be able to accommodate a change to an order and provide a full or partial credit toward a future order. Deposits are non-refundable and there are no returns or refunds on plant material. We accept cash, checks and EFT payments. WE DO NOT ACCEPT CREDIT OR DEBIT CARDS. There is a $35.00 service charge for a returned check and the purchaser agrees to pay all attorney or collection costs related to past due charges. Illinois sales tax is collected on plant material (not on delivery, planting or other labor charges) unless we have a copy of your tax exempt/certificate or a signed certificate of resale on file. Prices and availability are subject to change without notice.

Plant material is a living, time sensitive, perishable product. The customer agrees to purchase the goods at the rates shown and take prompt possession of them when notified of availability. It is understood and agreed upon that the customer may forfeit the deposit and any claim to the goods if: 1) the customer refuses to take possession of all or part of the order for any reason either at pick-up or delivery, or 2) refuses to take possession all or part of the goods for any reason within 10 calendar days of notification that the order is available for pick-up or delivery. Notification may be either in person or by telephone by an Ohana Farms, Inc. representative or in writing via fax, email or US Mail. If the customer refuses the goods for any reason, Ohana Farms, Inc. will retain all rights to the plant material and will attempt to resell the goods as salvage. The customer shall have no claim to the proceeds of the sale, although we may at our sole discretion, provide a partial refund or credit toward a future order after deducting any costs or losses incurred by us. Additional storage/maintenance or re-delivery charges may also be incurred if a customer refuses to take delivery promptly. If any of the items in the order become unavailable for any reason or are deemed not fit for sale by Ohana Farms, Inc. due to health or condition, Ohana Farms, Inc. only liability will be a refund or a credit of the charges for the unavailable items. The customer agrees to accept partial orders in such case.

Pick Up & Delivery. All shipments travel at the risk and cost of the purchaser. Customers have the option of utilizing Ohana Farms, Inc. to deliver their orders. If a customer elects to pick-up an order, they agree that Ohana Farms, Inc. shall not be liable for any damage to a customers’ vehicle, trailer, etc., that occurs while being loaded by our personnel. Additionally, Ohana Farms Inc. shall not be responsible for any damages that occur to the plant material, the customer, or any third parties while the goods are being transported by the customer or customers’ agents. We will assist you in loading, however, customers are solely responsible to assure their loads are properly secured and their vehicle can safely transport the goods. If you are concerned about potential damage, etc. we suggest you have your order delivered.

Liability / Warranty Plants will be true to name and healthy on delivery. No claim for shortage, damage or condition will be considered unless it is noted in writing at the time of delivery – you should also contact our office immediately if there are any concerns with your plant material. Due to the perishable nature of plant material, no claim will be considered unless we are notified of an issue within 24 hours of delivery. In all cases, our liability is limited to a replacement of the item, a credit towards a future purchase or a refund of the purchase price – at our sole discretion. We are pleased to make recommendations on suitable species, planting sites, and planting or maintenance practices – the final decision regarding any recommendation and the consequences thereof, is the sole responsibility of the purchaser – whether or not we provide the planting service. The purchaser assumes all risk and responsibilities of planting, growth and life of purchased plant material after delivery. The only exception to the above is if Ohana Farms, Inc. provides planting service (which must include our mycorrhizae & mulch applications). In that case, a one year limited warranty applies from the date of installation and provides for either a replacement of the plant material or a credit in the amount of 100% of the purchase price of the plant material, at our sole discretion. If the customer chooses to not include the mycorrhizae & mulch applications with planting, then there is no one year warranty included. The warranty does not apply to original delivery and installation charges or sales tax. The customer is solely responsible for any charges to re-deliver or re-plant replacement material. Plant material will only be replaced once – there is no warranty on replacement plant material or plant material purchased using a replacement credit. The purchaser is solely responsible for proper follow up care of plant material installed by Ohana Farms, Inc., including regular monitoring of the moisture requirements of the plant material – failure to provide appropriate watering throughout the entire warranty period will void the warranty. The warranty will not cover damage caused by the purchaser, purchasers’ agents or third parties’ actions or inactions, including but not limited to under watering the plant, over watering the plant, excessive fertilization, mechanical or chemical damage. The warranty will not cover damage caused by natural events, conditions or acts of God including but not limited to wind, hail, ice, snow, poor soil conditions, drought, flooding, animal or insect damage. There is no warranty on items not planted by Ohana Farms, Inc., bare root plants, roses, perennials, annuals or replacement plant material. At our sole discretion, the warranty will either be in the form of a replacement with a similar or more suitable plant, or in the form of a credit to use on the purchase of a replacement or other plant material, which expires 180 days from the date issued. To receive a credit, a claim must be submitted within 1 year of the purchase date, the customer must provide a copy of the original receipt as well as proof that the plant has died. We will consider all reasonable concerns; however, Ohana Farms, Inc. retains the sole and exclusive right in determining cause of damage or death of plant material covered under this warranty. Any exceptions to the terms & conditions herein must be agreed upon in writing. No one is authorized to make verbal changes to these provisions. 815-568-8477 www.ohana-farms.com