WHOLESALE TERMS & CONDITIONS
Effective July 1, 2019

  1. Doing Business with Pride Garden Products

    Your purchases from Pride Garden Products are made subject to these Terms and Conditions. Our Terms and Conditions are subject to change without notice and are available on our website.

    We object in advance to any additional or different terms you may propose, whether contained in a purchase order or in any other document or communication regardless of whether such additional or different terms would materially alter our Terms and Conditions. Your submission of a purchase order or other authorization for products, or your allowing us to ship products or commence work, will constitute your acceptance of all of our Terms and Conditions.

  2. Pricing

    All listed prices are wholesale prices in US Dollars. Prices are subject to change without notice. All prices are FOB Pride DC.

    At the time of your order, you will receive the total FOB cost (without freight and accessorial charges). An order confirmation will be sent via email and/or fax. Sales tax, if applicable, will be added to your invoices unless an acceptable resale tax exemption certificate is provided in advance at the time of order.

    Freight charges (if applicable) will be added to the final invoice. When applicable, the payment of all customs duties, tariffs, local delivery charges and special equipment charges will be your responsibility. We reserve the right to pass these costs on to you in the form of additional charges.

  3. Ordering Minimums and Deposits

    The majority of Pride Garden Products items are sold in pallet or crate quantities only. Certain core items may be available in case quantities depending on inventory and time of year.

    All orders (received by person, fax or email) are subject to acceptance by Pride Garden Products and may require a deposit of up to 70%. All orders are firm once approved and may not be cancelled without our written approval. Deposits for cancelled product that has been produced will not be returned.

    Items not in stock require a 120-day lead time. We encourage you to place orders as early as possible in the summer and fall. Certain items may be sold in limited quantities and not available for re-order.

    Please ask your sales representative or call 484-540-8059 for specifics.

  4. Credit and Payment Terms

    Payment is due when the sales order is placed unless the customer has approved credit and their account is in good standing.

    A deposit of up to 70% is due when placing a new order for all customers regardless of credit.

    New customers can apply for Pride Garden Products credit online at:

    CREDIT APPLICATION FORM

    Applications typically take 1 business day to process and will determine a credit limit. Customers with approved credit will be allowed 30 days to pay their remaining balance from the receipt of their items (Net 30).

    For all orders:

    1. Payments can be made by cash, company checks and electronic fund transfers (EFT). Major credit cards are accepted with a 3% merchant fee.
    2. All payments for credit orders are due with 30 days of the date of the invoice unless otherwise specified in writing.
    3. All unpaid balances past the invoice due date are subject to a monthly 2% late payment fee.
    4. Any check payments with insufficient funds are subject to a $75 fee.
    5. Any and all expenses that Pride Garden Products incurs to collect on delinquent accounts will be charged to the customer including collection agencies and legal fees.
  5. Deliveries

    We will do everything reasonably possible to ensure that your order will be delivered on time and complete to the address you have designated. Shipping and handling charges will be calculated at market rate. We reserve the right to choose the carrier to be used on any shipment.

    We will make every effort to ship in accordance with the delivery option you have selected, if you agree to assume any additional transportation charges. We reserve the right to ship incomplete, unless customer has specifically requested in writing to ship the order complete. If the item continues to be out of stock, the item will be canceled after 30 days from initial shipment date.

    Delivery dates may be affected by late receipt of all information necessary to ship or other causes beyond reasonable control. We are not liable to you for any loss resulting from late delivery.

    Any extra expenses incurred by Pride Garden Products at delivery or customer pick-up will be charged to the customer (e.g. lift gates, loading costs, special requests, etc.).

  6. Our Products

    All products are brand new and inspected for defects and damages prior to shipment.  Pride Garden Products is not responsible for regular “wear & tear” of products. Customers should be aware that:

    • Natural products will weather over time
    • Galvanized planters may lose their shine over time as a natural weathering process
    • Steel baskets are plastic coated to resist and delay eventual corrosion
    • Products are handcrafted; finishes and details may vary from item to item
    • Glass is hand blown and may contain air bubbles; this is not a defect
    • Color may vary from catalog photographs
    • Products should not be used for food or beverage service
    • Dimensions for grower containers are approximate and may vary slightly from item to item

    Please contact us within 7 days of the delivery date if you receive an item that is defective or damaged. Products will be accepted for replacement or credit at our discretion. No credit will be granted after 14 days. Please retain original packaging in the event that Pride requires the return of the product for inspection.

    Do not accept visibly damaged product until the delivery person has endorsed the bill of lading (air bill) with a statement of the extent of the damage and file the freight claim at the time of delivery. Indicate on the bill of lading the potential for concealed damages.

    Please call us or submit damaged and defective product issues at:

    OVERAGE, SHORTAGE & DAMAGE FORM

  7. Patents and Trademarks

    The Pride Group, Inc., holds all patent rights to AquaSav™ Coco liners, baskets and products. The Pride Group, Inc.tm, Pride Garden Products™, AquaSav™, AquaCo™, Live Green™, Sedona™, Castalulite™ and Olympic Forge™ are registered trademarks of The Pride Group, Inc. The Pride Group Inc., owns the products, pictures, copy, designs, labels, and displays shown in this catalog and are protected under trademark and copyright laws.

    No reproduction in any manner of such products, designs, labels, displays, or any other form is authorized or allowed without the express, written consent of The Pride Group, Inc./Pride Garden Products.

  8. Limitation of Liability

    In no event shall Pride Garden Products be liable to you under any legal theory whatsoever, regardless of whether characterized as tort, negligence, contract, warranty, or otherwise, for any loss of profits or other economic loss, including but not limited to such losses as (i) wages paid to your employees, (ii) lost revenue, (iii) cost of capital, (iv) costs or losses related to downtime, (v) manual labor costs, or (vi) any other indirect, incidental, special, consequential, or other similar damages arising out of any claims relating to your purchase of products from Pride Garden Products, including losses resulting from your general or particular requirements or needs, whether or not we, at time of contracting, had reason to know of such requirements or needs, and whether or not such losses could have been reasonably prevented by you by cover or otherwise. Pride Garden Products’ liability to you shall in no event exceed the purchase price of the nonconforming goods giving rise to our liability to you.

  9. Choice of Law

    Pride Garden Products controls and operates its business from its offices in Ridley Park, Pennsylvania, USA. Consequently, any questions relating to these Terms and Conditions or their application in a particular situation shall be governed by the laws of the United States and the State of Pennsylvania (without regard to any provision that would result in the application of the laws of any other state or jurisdiction). In no event will the United Nations Convention on the International Sale of Goods apply to any transaction between you and Pride Garden Products.

    If any provisions of these Terms and Conditions is found to be invalid or unenforceable, the other provisions will remain in full force and effect.


HAVE A QUESTION? 484-540-8059