Politique d’expédition

DELIVERY/SHIPMENTS – Promises of delivery from stock are subject to prior sale. Delivery dates are not guaranteed but are estimated on the collection of necessary information and the absence of delays, direct or indirect. Hort Americas will in good faith endeavor to meet estimated delivery dates. Unless otherwise stated, all prices are F.O.B. shipping point. Title and all risk of loss shall be born by Buyer upon delivery by Hort Americas at place of location of delivery. Should Hort Americas be responsible for any delivery or duty paid related charges, the responsibility is limited to customary and reasonably expected charges. Any extraordinary charges with respect to delivery or duty paid (including, without limitation, customs exams demurrage caused by delays or strikes) shall be the responsibility of Buyer, and Buyer agrees to indemnify and reimburse Hort Americas on demand with respect to such charges to the extent paid by Hort Americas. Hort Americas shall not be liable for any delay in performance of this agreement or delivery of the products, or for any damages suffered by Buyer by reason of delay, when the delay is caused, directly or indirectly, by fire, flood, accident, riot, acts of God, war, governmental interference, strikes, embargoes, labor difficulties, shortage of labor, fuel, power, materials or supplies, transportation, or any other causes beyond Hort Americas’ control. If delay is caused by Buyer’s failure to furnish necessary information with respect to data and details for Buyer’s specifications, then Hort Americas may extend the date of shipment for a reasonable time. HORT AMERICAS SHALL NOT BE LIABLE FOR ANY LOSS OF USE OR FOR ANY OTHER DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES OR LOSSES DUE TO DELAY IN SCHEDULED DELIVERY. Claims for shortages in shipments shall be deemed waived and released by Buyer unless made in writing within five (5) days after Buyer’s receipt of shipment. Hort Americas’ responsibility for shipment shall cease upon delivery of the product to the customer location. Hort Americas is able to ship out most orders by the following methods:

Ocean Freight, Motor Truck, Parcel and Air Freight. Normally Hort Americas routes shipments the most economical way unless otherwise instructed. Air Freight is only used at the request of the customer. NO DELIVERIES WILL BE MADE TO AN ADDRESS WITH A PO BOX NUMBER ONLY. A STREET ADDRESS IS REQUIRED. DO NOT RETURN ANY MERCHANDISE WITHOUT PERMISSION FROM HORT AMERICAS OR IT WILL BE REFUSED.

MOTOR TRUCK SHIPMENTS – The BILL OF LADING indicates that material shipped has now becomes Buyers property and is an acknowledgment by the Transportation Company of the receipt of the material in good condition. Safe delivery is now the responsibility of the carrier. EXAMINE THE SHIPMENT CAREFULLY BEFORE SIGNING FREIGHT BILLS. If any damage is noted, or if the number of pieces received does not agree with the bill of lading, do not accept shipment without shortage or damage noted on the freight bill by the carrier’s agent; failure to do so may jeopardize Buyer’s recovery. If any concealed damage or shortage is discovered when unpacking, leave material and packing as is and notify agent of carrier to inspect and make reference thereto on the freight bill. Consult carrier for disposition of damaged articles. Hort Americas will be glad to render assistance to trace and recover lost goods. Buyer must make its claim promptly. The transportation charges resulting therefore must not be deducted from the invoice, nor payment or invoices withheld awaiting adjustment of such claims, since it is the function of the carrier to guarantee safe delivery. Check items received to the invoice. If there is any discrepancy, contact us immediately. Claims for shortage attributed to Buyer’s count in packing must be made within 2 days from the date shipment is received.

INSPECTION AND CLAIMS – Hort Americas is not responsible for damage after pickup by carrier. Buyer agrees that it shall inspect the products immediately after receipt and promptly notify Hort Americas in writing of any non-conformity or defect. Buyer further agrees that failure to give such prompt notice shall constitute acceptance. Acceptance shall be final and Buyer waives the right to revoke acceptance for any reason, whether or not known by Buyer at the time of such acceptance. The giving of any such notice by Buyer shall automatically cause the provisions of the WARRANTY paragraph below to apply and govern the rights, obligations and liabilities of the parties with respect to such nonconformity or defect, provided under no circumstances shall rejection give rise to any liability of Hort Americas for incidental or consequential damages or losses of any kind.

CANCELLATION – Prior to delivery to place of shipment, this agreement may be cancelled only with Hort Americas’ prior written consent and upon terms indemnifying Hort Americas from all resulting losses and damages. Hort Americas shall have the right to cancel and refuse to complete this agreement if any term and/or condition governing this agreement is not complied with by Buyer. If Hort Americas cancels as above set forth, or if Hort Americas consents to a request by Buyer to cancel the whole or any part of this agreement, Buyer shall make reimbursement to Hort Americas, as follows: (i) any and all work that can be completed within (30) days from the date of notification to stop work on account of cancellation shall be completed, shipped and paid in full; and (ii) for work in progress and any materials and supplies procured or for which definite commitments have been made by Hort Americas in connection with the agreement, Buyer shall pay such sums as may be required to fully compensate Hort Americas for actual costs incurred, plus twenty percent (20%). Buyer may not cancel this agreement without Hort Americas’ consent or anytime after Hort Americas’ delivery to place of shipment.