TERMS AND CONDITIONS

1) All prices are F.O.B. point of shipment or delivered to nursery within our defined delivery area. These areas include most of Florida south of Orlando/Tri-County area and Southern California. For air shipments, we will deliver to Miami International Airport at no additional charge. Please check with your salesperson for exact delivery area.

2) There will be a clearance and handling charge added to your invoice for boxes, trays, Crates and unboxedorbundledmaterial. Consult your salespersonfor rates. Any required governmental or agricultural inspections will be at the customer's expense.

3) A phytosanitary certificate will be required for certain states and Canada.

4) Claims for damages during transportation must be filed by customer with the carrier. All claims must be reported directly to us by the customer within 48 hours of receipt of goods, and written notice given within 10 days of receipt of goods. Otherwise, a claim will not be accepted.

5) All freight charges are prepaid and invoiced by Foremost, unless alternative arrangements have been made. For air shipments we recommend a five box minimum to take full advantage of freight minimums. Shipments via common carrier will be at customer's risk only.

6) For un-established accounts, cash, cashier's check, money order, wire transfer, or approvedVisa/Master Card must be received prior to shipping.

7) Once account is established with acredit line allowed, any paymentsmade byCredit Card willbe subject to a 2.5% Convenience Fee.

8) A service charge of 1.5% will be applied monthly on unpaid balance over terms. Default in payment will result in additional collection fees and/or attorney fees plus court costs.

9) Prices subject to change without notice. For updated availability information, call Foremost at 1.800.421.8986, or check our Website at www.foremostco.com.

10) We warrant to the extent of the purchase only that all nursery stock is sold true and as described within recognized trade tolerances. Foremost gives no other warranty, expressed or implied, and will in no way be liable for more than the invoice value at the time of purchase.

In the event of default, I/we further agree to pay reasonable attorney’s fees and costs of collection, whether or not suit be brought. The Parties agree that all matters shall be governed by and constructed according to the laws of the State of Florida. Customer acknowledges that, whether or not suit be brought, jurisdiction of the person and subject matter, as well as venue, shall be in Miami-Dade County, Florida.