STATEMENT OF POLICY

Acorn Farms, Inc. operates as a wholesale dealer of nursery stock and goods. We sell only to landscape and horticultural professionals on a pre-approved basis. All persons or companies wishing to purchase from Acorn Farms, Inc. must first complete an application to become a wholesale customer. Acorn Farms, Inc. will select its customer base and reevaluate existing customers in order to protect the integrity of our wholesale business. Please do not send retail customers to buy nursery stock through any person entitled to wholesale prices. If you choose to do so, retail prices will be charged and your wholesale status reviewed.

GUARANTEE: We give no warranty, expressed or implied, as to life description, quality, productivity, or any other matter of any nursery stock we sell. It is mutually agreed that our total liability for error, should stock prove untrue to name as labeled, shall be limited upon satisfactory proof, to our replacing free or refunding the purchase price thereof.

CLAIMS: Claims for error, rejection, shortages or for any other reason will be considered valid only if made in writing to us within ten (10) days of receiving the material. All sales are final. No material may be returned.

PAYMENT TERMS: Cash or company check with pickup or satisfactory established credit. For customers with credit, open accounts are net 30 days from the date of invoice. A service charge 2% monthly (24% annually) will be charged on all unpaid accounts after 30 days from date of invoice.

PRICES: Prices quoted in this catalogue are based upon present market conditions and are subject to change without notice. This list voids all previous lists and quotations.

SALES YARD TAGGING & PICKUP: The product in our sales yard is for drive-in customers on a cash and carry basis. If you want product from this area, please arrive prepared to take it with you. Tagging material in the sales yard, for even a short time, will not be permitted. Orders to be shipped or picked up at a later date should be coordinated through the office or your sales representative. It is to your benefit and responsibility to provide adequate tarps, ropes and trunk guards to properly secure the load before leaving the nursery. For safety reasons, children and pets are not permitted on the premises.

ONLINE ORDERING: Online ordering is for Members Area customers in good standing. (A Members Area customer is a current customer who has successfully registered with Acorn Farms to become a Members Area customer, and has been provided with a valid username and password. For more information on how to become a Members Area customer, go to http://www.acornfarms.com/acornfarmsmembersform.htm) Member customers ("Members Area customers") are provided with the convenience of online shopping of above-ground plant material only (no hard goods or annuals). All dig orders must be phoned in. The online order form availability is updated twice a week. Due to the nature of our business, plant material and quantities may change. Member customers are responsible for viewing their acknowledgements for possible changes to their order. Please Note: Customers are still required to check in at the front sales office before going out with a sales specialist to either pick out plant material or retrieve a pulled order off the front loading dock.

Pulled Orders: Member customers have the option of having their online orders pulled. Member customers who select 'Yes' to the question 'Order Pulled' on the online order form may select either "NEXT DAY" or a future date for pick up. (Future date of pick up is subject to one week in advance). All pulled orders must be picked up by 4:30 p.m. EST on the designated date of pick up or Member customer may be subject to a 25% restocking fee.

NEXT DAY Pick Up: If Member customer's order is electronically submitted (via online order form) to Acorn Farms by 12:00 p.m. EST AND REQUESTED PICK UP DATE IS LISTED AS "NEXT DAY", Member customer's order can be pulled and placed on the front loading dock for the next day. If pulled order is not picked up by 4:30 p.m. EST on the designated date of pick up, Member customer may be subject to a 25% restocking fee. Any NEXT DAY order submitted AFTER 12:00 p.m. EST will be pulled in the order by which it was received. Member customer will receive an acknowledgement (via email or fax) with their designated pick up date. Please wait for this.

Please Note: Customers are still required to check in at the front sales office before going out with a sales specialist to either pick out plant material or retrieve a pulled order off the front loading dock.

If Acorn Farms' loading dock reaches its maximum capacity, Acorn Farms will notify Member customers in the Members Area. If Member customer has already submitted their online order, Acorn Farms will attempt to alert Member customer via email or fax, based upon Member customer's preference.

Acorn Farms realizes time is money for its Member customers, as it is for Acorn Farms too. Therefore, Acorn Farms will provide this convenient online service for its Member customers who want to pick up their plant material quickly and get on their way. Acorn Farms' staff will select the best quality stock available, however, Member customers are subject to a 25% restocking fee for any plant material rejected on orders that have been pulled.

DIGGING AND ORDERING: All plant material 1 ½" caliper and up 5’ in height and up are quoted in wire baskets with burlap. No synthetics are used in balling. All plant material is dug to meet or exceed AAN standards. Dig orders will be dug on a first come first serve basis. Please allow us sufficient time during the busy season to fill your order. All dig orders are tagged by our staff with the utmost care to meet your needs. If you wish to personally select and tag field material, an additional 10% or $25.00 charge, whichever is greater, will be added. Dig orders can be picked up at our sales yard location only, or arranged for delivery. Container orders can be picked up on an as needed basis. Dig orders not picked up will be restocked and will be subject to a 25% restocking charge. We cannot be responsible for plant material not picked up within (7) seven days after notification.

CANCELLATIONS: Any cancellations of orders must be made in writing and must be received prior to plant material being dug or container material pulled. Cancellations will not be accepted after the plant material has been dug. Orders cancelled at this time are subject to 25% restocking charge.

**Please note that our catalog and Web site are intended as a reference guide and not to be used for availability. Availability of plant material changes seasonally and is subject to change. Heights and widths of listed plants are given only as a reference, as there are many conditional variations, which affect growth and ultimate size.

NOTIFICATION OF CHANGES TO OUR STATEMENT OF POLICY: This Statement of Policy may be updated and modified from time to time by Acorn Farms Inc. in its sole discretion. If Acorn Farms decides to change its Statement of Policy or if Acorn Farms makes any material changes in company procedures or practices, Acorn Farms will post a notice of those changes here in its Statement of Policy.