Limit of Liability

All plants are guaranteed to be healthy upon shipment and/or scheduled pickup date. All plants are guaranteed to be true to name. All orders are subject to natural disasters, crop failures, or conditions beyond Wozupi Tribal Gardens’ control. It is agreed between Wozupi Tribal Gardens and all custom starter plug program customers that Wozupi Tribal Gardens’ liability is strictly limited to replacement or credit of plants if plant failures are a result of conditions within Wozupi Tribal Gardens’ control. Once plants have been picked up by customers or shipped, Wozupi Tribal Gardens does not guarantee or warranty plant vigor, health or survival. As Wozupi Tribal Gardens cannot control the conditions and plant handling outside of our greenhouse, Wozupi Tribal Gardens makes no warranty, expressed or implied, including any warranty of fitness for any particular purpose with respect to plant stock and no other warranties are extended to our custom starter plug program customers.

Pickup

Plants are to be picked up/shipped on the designated date determined by all custom order transplant dates. All plants held at customer’s request beyond the scheduled pickup or delivery date will incur a weekly holding charge of $2.00 per flat per week with a 24-hour grace period from scheduled pickup date. Guaranty of plant health and vigor is not extended by Wozupi Tribal Gardens to late pickups/deliveries made at customer request and customer shall bear the sole risk of loss.

Shipping

All orders of healthy, vigorous plants will be shipped via Spee-Dee Delivery outside of the Twin Cities metro area unless other arrangements have been made by customer with Wozupi Tribal Gardens. All deliveries shipped hereunder are F.O.B. Shipping Point. Wozupi Tribal Gardens is not liable for any plant injury, loss, insects or disease incurred through shipment. Customers assume all risk of loss and shipping expenses.

Seeds and Trays

Customers will send Wozupi Tribal Gardens commercially packaged, certified organic and/or untreated seed. All seeds must be germ tested by the seed company within 6 months of the actual seeding date for all custom production. Wozupi Tribal Gardens reserves the right to refuse any treated or GMO seeds. A non-GMO verification statement from each seed company used must be included with any non-organic seed. Low germination tested seeds (79%-) resulting in insufficient transplants is the sole responsibility of the customer and customers should factor in potential low germination rates of tested seed when placing orders and plan accordingly. Wozupi Tribal Gardens guarantees 90% germination on all new, high germ tested seed (80%+) but customers must send 20% extra seed per plant variety in order to meet that guarantee (at least 115 plants for every 128 cell flat, 65 plants per 72 cell flat, and 45 plants per 50 cell flat). It is the customer’s responsibility to plan accordingly. All partial trays due to low germ tested seed or insufficient seed provided by customer will be charged at full flat price. NO SPLIT FLAT ORDERS ACCEPTED. Leftover seeds will be returned to customers at time of pick up or will be shipped with orders. Any unclaimed seed after pickup or delivery becomes the property of Wozupi Tribal Gardens.

Refund Policy

Refunds for custom plug orders will be granted for 50% only if Wozupi Tribal Gardens is given notice of order cancelation no later than 1 week prior to greenhouse seeding date. No refunds will be issued on orders after the greenhouse seeding date has passed.