TERMS AND CONDITIONS

PLEASE READ THE FOLLOWING

• All nursery sales are C.O.D. or cash in advance. State law requires that we collect sales tax on all sales unless a Tax-Exempt certificate is in our files. All prices are F.O.B. at our nursery location and all sales are final.  We do not offer exchanges for plant material that has been installed in horticultural material due to dislike or change of heart, this does not meet the criteria for replacement. This applies to Designed Landscape installations as well; your Designer goes to great lengths to ensure your landscape designs are achieved.  We do not have control over the size, and height of the trees/shrubs ordered. If you decide to deny the order based on criteria other than health of the shrubs or tree, a restocking fee of 30% will be applied for any cancelled orders as instore credit only. 

• All purchased plants, shrubs, and trees planted by Beltran’s Nursery and Landscape are covered by a 90-day warranty, provided payment has been made in full upon completion of the project. Beltran’s Nursery and Landscape will not be responsible for natural disasters or acts of God, such as hurricanes, freezing, floods, excessive wind, and drought. The warranty excludes any insects, disease, negligence, branch or palm dieback, failure to blossom or other acts of nature, damage done by rabbits, deer, or any other wildlife or fruit bearing trees. Please consider that many native plants can be damaged or killed by excessive watering. We do not warranty transplanted plant material. We recommend our customers have an in-ground, automatic irrigation system and licensed fertilization company in place for all newly purchased living material and discuss proper care and maintenance with our staff. We carry no warranty even installed by Beltran’s on any potted horticultural material. We do not warranty any sod even installed by Beltran’s. Customers must also contact us immediately upon noticing any problems with any plants so that we can be proactive in ensuring we fix the problem before it damages other plants. 

• Beltran’s Nursery is not responsible for anything below grade (pipe, sprinkler system, wires, and cables). If a portion of the sprinkler is damaged during installation, repair will be offered at a nominal service fee which includes labor and parts.  We are not responsible for any damage including breakage, cracking, chipping to concrete, pavers, or tile walkways etc. 

• All shipments travel at risk and expense of the purchaser. Our stock is loaded with the greatest care therefore our responsibility ends upon delivery in good condition to the carrier or customer. Your carrier is responsible for bringing suitable covering, ropes, etc. to assure safe transportation. 

• We gladly accept a personal or business check with the proper identification and all the information must be printed on the check. In the event of an NSF of uncollected funds circumstances, you will be liable for the returned check charge of $50.00, and a service fee of $25.00 per item. Cancellation of contract after 3 Days of deposit will result in a loss of 40% of deposit  to cover cost of materials and time. 

• In the event it becomes necessary to institute action for the collection amount on any unpaid balance, purchaser agrees to pay all the costs of collection including attorney’s fee in the court and all appellate courts and interests. The purchaser agrees that any lawsuit brought to enforce payment of monies becoming due under this invoice may be brought by the seller in the trial of courts of Charlotte County, Florida.   

• *Only applies to Designer Landscape Installation Contracts. * A 50% deposit is required to hold items for future delivery, planting, or pickup, accompanied with an agreed delivery and/or pickup date. If the terms of the agreement are not met the deposit will be forfeited. Cancellation of installation after horticultural products are ordered will result in a 30% restocking fee of the initial deposit. We gladly accept a personal or business check with the proper identification and all the information must be printed on the check. If paid with a credit card a fee of 3% will be added for processing fees. In the event of an NSF of uncollected funds circumstances, you will be liable for the returned check charge of $50.00, and a service fee of $25.00 per item. Installed balances are due within 48 hours of completion. Late fees will be assessed with a 5% fee after a 15-day grace period.