Terms & Conditions

TERMS, CONDITIONS AND CREDIT POLICY The following are our monthly Charge Account Terms and Credit Policy:

1. Our terms are Net 15 days. Invoices are issued weekly and, unless otherwise approved by Clearview Nursery & Stone must be paid within 15 days of the invoice date.

2. Accounts are considered DELINQUENT if payment has not been received in our office by the 16th day following the invoice date.

3. Accounts delinquent 60 days from the date of invoice are subject to a 1.5% finance charge($5.00 minimum fee) each month thereafter until the invoices are paid in full. Further, the account will be on a ‘CASH’ basis for all future purchases until the past due invoices are paid in full.

4. The customer is responsible to pay for any collection and/or legal fees incurred to collect ondelinquent accounts.

5. NSF/Returned checks are subject to a $30 handling charge. We require that NSF checks be replaced with cash, a money order or a cashier’s check.

6. Requests for copies of statements or invoices should be made promptly so that payment is not delayed. Missing invoices are not considered a valid reason for late payment.

7. Lack of purchase order or job numbers do not affect these Terms, Conditions and Credit Policy.

8. All inquiries regarding statements or billing problems should be directed to us at (360) 668-4390 or office@clearviewnursery.net.

9. DISPUTES AND REMEDIES If a dispute cannot be resolved between the parties, then either party may file suit in an appropriate court of jurisdiction in Snohomish County. If suit is filed in Superior Court, the dispute will be decided according to the mandatory arbitration rules of Snohomish County, regardless of the amount in dispute, and each party expressly waives the dollar limits currently in effect according to the mandatory arbitration rules of Snohomish County. If any dispute arises between the parties, the parties shall make a good faith effort to meet in person and resolve the dispute without resorting to litigation or arbitration. It is a condition precedent to asserting any claim or counterclaim in any litigation or arbitration proceeding that the claiming party first allege and prove that it presented its claim in writing to the other party prior to filing a lawsuit or the appointment of the arbitrator. The arbitrator shall have authority to determine the amount, validity, and enforcement of a lien. The parties shall each waive their right to file any appeal for a trial de novo in Superior Court and should agree to accept the arbitrator’s award as final and binding. If a dispute occurs and either party incurs legal expenses, including the cost of an arbitration proceeding, the prevailing party shall be awarded its cost and attorney’s fees. If a court finds any provision of these terms and conditions invalid or unenforceable, the remainder of these terms and conditions shall be interpreted so as best to effect the intent of the parties. GUARANTY In consideration of the future extension of credit in connection with the sale of goods by Clearview Nursery & Stone, referred to herein as “Creditor” to, applicant, referred to herein as “Purchaser,” the undersigned, in his or her individual and personal capacity, referred to herein as “Guarantor,” hereby:

1.  Guarantees jointly, severally and unconditionally, the payment of all amounts which are now or which may become due to Creditor, its successors and assigns, from Purchaser for goods or services sold; these amounts may be referred to herein as the “Purchaser’s Indebtedness.”

2. Waives demand, protest, presentment, and notices of all kinds, including, without limitation, notice of acceptance of this Guaranty: extension of credit to the Purchaser; extension of time for the payment or renewal of any part or all of the Purchaser’s Indebtedness; presentment, protest, and non-payment of any bills, checks, trade acceptances, notes, or other instruments evidencing Purchaser’s Indebtedness; any demand made by Creditor upon Purchaser; and any default, insolvency, or bankruptcy of Purchaser.

3. Consents to the extension of time for payment or renewal of any part or all of Purchaser’s Indebtedness and to the receipt by Creditor of any collateral, security, or guaranties of any kind from others for the payment of any part or all of the Purchaser’s Indebtedness.

4. Subordinates to Creditor’s claims against the Purchaser all amounts at any time owing by Purchaser to Guarantor; this subordination shall not be deemed to prevent Purchaser from paying any amounts owing to Guarantor so long as Purchaser is solvent and able to pay i debts as they mature, but shall be effective only in the event of insolvency, bankruptcy, or receivership of Purchaser or any assignment by Purchaser for the benefit of creditors, in any of which events Creditor, to the extent necessary to satisfy Purchaser’s Indebtedness, shall be entitled to the share of any dividend payments otherwise payable to Guarantor.

5. Agrees that it shall not be a condition precedent to any of the liabilities of Guarantor hereunder or to the enforcement of any rights by Creditor that a remedy be pursued or any other action be taken against Purchaser, its property, or any other collateral, security, or guaranty.

6. Agrees that, should legal action be taken to enforce this Guaranty, Guarantor will pay reasonable attorney fee s incurred in connection with the collection of all monies due plus all court costs and fees, and agrees that the venue of any suit brought to collect under this agreement will be in Snohomish County, Washington.

7. Agrees that this Guaranty shall continue until terminated by written notice sent by registered or certified mail to Creditor at 16918 State Route 9 SE, Snohomish, WA 98296, effective thirty (30) days after receipt thereof; termination, however, shall not affect the liability of the undersigned for the payment of any indebtedness incurred by Purchaser prior to the date of termination.

8. Agrees that the sale of goods by Creditor to Purchaser on credit terms shall constitute an acceptance of and adequate consideration for the provisions hereof. By my signature below, I acknowledge I have the legal authority to sign this Guaranty.