Terms, Conditions and Information of Sale (T&C’s)
(LMCS Seed's T&C’-s supersede all other Customer terms and conditions of sale)
Updated 11-15-2022
HOW TO ORDER/INQUIRE ABOUT LMCS SEEDS PRODUCTS
By phone, fax, email, mail and website.
Phone: 805-968-4818
Fax: 805-968-2242
Email: sales@mcseeds.com
Address: LMCS Seeds
780 Glen Annie Road
Goleta, California U.S.A. 93117
SEED AVAILABILITY
All seeds are subject to availability of crop. If possible, please order in advance. This improves Lawyer-Mistletoe-Carter-Select Seeds (LMCS) ability to plan for your needs. All orders are filled on a first come first serve order basis.
PRICES
All prices are subject to change throughout the year based on supply and demand.
ORDERS/BACK ORDERS/RETURNS
An order will be considered final after 7 calendar days from the time of the order. LMCS Seeds may consider a request to cancel an order or return seeds upon request. If LMCS Seeds agrees to a cancellation or return, a charge (minimum of 33% or more) will be assessed. To receive credit, the seed must be returned in the same condition that it was sent. LMCS Seeds may determine that the seed may need to have a germination test done by a certified germination laboratory at the cost of the customer who is returning the seed.
Seed in stock will usually be dispatched within 3-5 business days. Seed not available will be backordered and shipped when seed becomes available. Backordered items will remain on order for only 1 year.
It is the responsibility of the customer to select the appropriate courier and shipment type. We recommend that the selection of the courier and type of shipment take into consideration how perishable the seed is. Any special packaging requirements must be requested at the time of the order and will charged accordingly. We also recommend that foreign orders be sent through a courier that provides parcel tracking. All domestic packages shipped Federal Express will be insured for the value of the seed. The customer will be charged the cost to insure each shipment based on the value of the shipment. Foreign shipments can be insured upon request. The customer assumes all risk of the shipment from the point of dispatch.
MINIMUM ORDER FEE
A minimum order of $200.00 U.S is required on any one order. A $50.00 fee will be charged for all orders under $200.00 U.S.
PAYMENT
LMCS Seeds accepts Credit Cards (Visa, MasterCard, and American Express), Company & Personal Checks, Cashier's Checks, Money orders and Bank Wires. Any cost to execute Cashier Checks, Money Orders and Bank Wires are at the expense of the customer.
PAYMENT TERMS
Net 30-Day Terms are extended to Customers who have been pre-approved. Applications are available upon request. Down payments are required on certain large quantity orders.
Overdue accounts will be charged 1.5% per month. All collection costs will be charged to the customer. A bank wire transfer will be charged a $50 fee.
SHIPPING
Parcels will be sent via Federal Express for domestic orders and Express Mail Service for foreign orders unless otherwise advised by the customer when the order is placed.
PACKAGING & SHIPPING CHARGES
Invoices will include shipping charges based on the selected courier and a packaging charge of US$5.00 for the 1st box/envelope and US$3.00 for each additional box. Unique packaging requests will be charged separately. For domestic pre-paid orders, via check, cashier's check, money orders, contact LMCS for shipping, insurance and handling charges prior to payment.
FOREIGN ORDER Requirements
The customer is responsible for meeting all regulations for a foreign shipment. Upon request, LMCS Seeds will supply a Phytosanitary Certificate ($110.00) or Certificate of origin ($50.00).
WARRANTY & DISCLAIMER
LMCS Seeds warrants that the seed is as described on the container. There is no other warranty expressed or implied. LMCS Seed’s liability is limited up to the purchase price of the seed only and no other remedy. LMCS Seeds is not responsible for the loss of any product, profit, or any other indirect, consequential damages.
Seeds should be inspected upon arrival and stored properly. If there is a problem with the quality, quantity, or condition of the seed, it must be brought to our attention, in writing, within 7 calendar days of receipt. LMCS Seeds will not consider any claim after seeds have been cleaned, processed, stored, planted, treated, modified, or used in any way.
LMCS Seeds supplies the best quality seeds that are true to type with good germination. However, germination varies significantly by seed type. If germination problems arise and it is felt that the problem is due specifically to the viability of the seed, please contact us in writing immediately. We will review / investigate your claim. If jointly determined that Mistletoe-Carter Seeds supplied seed that did not meet the minimum germination typical of the specific seed in question, Mistletoe-Carter Seeds will replace the seed or credit the account for the mutually agreed to germination rate difference (minimum germination rates less supplied germination rate).
Again, Mistletoe-Carter Seeds limits its liability up to the purchase price of the supplied seed only.
Seeds are warranted only to the original customer, unless agreed to prior to the sale. Seeds resold to another customer are not warranted.
SEED COUNT
Estimated number of seeds per unit sold is shown in the catalog and on our website. Mistletoe-Carter Seeds does not guarantee the seed count per ounce and these counts should be used as a guideline only.
LMCS Seeds sales are final based on LMCS’s Seed’s seed count for all seeds sold by the 1000 seed count. LMCS counts 10 samples of seed (100 to 1000 seeds/sample depending on sample size) and determines the mean and standard deviation. The mean (average of the 10 samples) is used to determine the weight of 1000 seed for each lot of seed. The mean will change for each lot of seed that we carry.
Trade packets (TP) are based on germination and purity. A TP contains 1000 seed that will germinate as tested by a certified germination laboratory.
Mistetoe — Carter Wholesale Seeds
Buyers must provide appropriate sales tax certificates. Terms are available to approved buyers who apply for credit.