Terms & Conditions
Order Size & Pricing: Wholesale prices on this website should reflect current year wholesale catalog pricing. Please let us know if there is a discrepancy. If you require an amount smaller than the wholesale amount listed, you may be required to place a consumer website order under consumer terms & conditions. Prices are reflective of the current amount being purchased, not based off previous purchase prices.
Additional Charges: The following material charges will be applied to all invoices:
- Poly Bags $2.00 each
- Foil Pouches $1.00 each
- Shipping Boxes $2.00 each
- Bubble Mailers $1.00 each
- 4-Gallon Bucket $5.00 each
- Wood Pallet $10.00 each
- Plastic Export Pallet $25.00 each
Domestic Shipping: A.P. Whaley, LLC has negotiated it’s best shipping rates through UPS and therefore UPS Ground is the preferred shipping method on all orders. You are welcome to provide APW with your account number if you would like shipping charges from UPS or FedEx billed to your account. Due to our rural area, we do not have daily FedEx delivery/pickup so there may be a 1-2 day delay for packages to tender to FedEx. We are not responsible for any surcharges you receive if you request shipping to your account. You may remove your account number and/or make any changes to your shipping preference at any time by contacting our office.
International Shipping: Our preferred shipping carrier for international shipments is United Postal Service (UPS). However, we understand that due to customs clearance circumstances, you may request an alternative carrier and we are happy to accommodate such requests. It is the importer’s (customer’s) responsibility for knowing and adhering to agricultural import requirements specific to the country of importation. Additional fees and service charges may be applied to international orders:
- Phytosanitary Certificates: $75.00
- Required Lab Tests: variable
- Country of Origin Certificate: $10.00
- AES Export Filing Fee: $20.00 (applies to orders over $2500)
- Import Permits: Please check with your local customs office to see what the regulations are for importing untreated seed in your area. Due to tightened regulations, import permits, certain testing or treatment of the seed and/or phytosanitary certificates may be required. If an import permit is required, you must obtain one from your Ministry of Agriculture. All documents must bear official seals of the Ministry of Agriculture, and must be accompanied by an English translation. Once the import permit is obtained (if required), we can determine whether the ordered seed can meet the stated requirements. It is the importer’s (customer’s) responsibility for knowing restrictions for importing seeds to your country; A.P. Whaley WILL NOT be responsible for any seed seized or destroyed by customs.
- Import Duties and Taxes– Import duties, taxes, and brokerage fees are not included in the product price or shipping and handling costs. These charges are the customer’s responsibility. You may check with your country’s customs office to determine what these additional costs will be. In some instances, the shipping courier may require that all applicable taxes are paid before the package is delivered.
- Customs Clearance & Orders Valued over $2500 USD : A customs broker may be required to have your order cleared through customs. You may be able to clear the shipment yourself. When the order ships, A.P. Whaley will provide the detailed information regarding your order that you will need to clear customs. The shipping carrier will also assist with customs clearance. However, in such instance, A.P. Whaley, LLC is not responsible for the cost to have this done. A.P. Whaley will not alter the prices on any invoice for customs clearance. This compliance is important to the reputation of our company.
Payment Terms: Payments are due within 30 days; unless otherwise noted. Past due accounts are subject to a finance charge of 1.5% per month, which is an annual percentage rate of 18%, or the maximum allowed by state law, whichever is less. A 3% processing charge will be added to credit card payments in excess of $1,000. If paying via bank wire, please inquire about currency conversion and fees to ensure the amount wired matches the invoice amount due. If determined necessary, A.P. Whaley, LLC will refer delinquent accounts to collection resources. In such instance, the customer will assume full responsibility for all attorney fees, court and collection costs in addition to the initial charges owed and any interest accrued thereon.
Fulfillment, Backorders & Cancellations: All of our items are subject to delivery and could be delayed or canceled due to weather conditions with our growers, testing results, or any other uncontrollable setbacks. A.P. Whaley, LLC reserves the right to prorate, backorder or cancel any item from an order if it does not meet our germination or quality standards or is not delivered in full by our grower.
Limitation of Liability: We have no control over the environment in which seed is stored after it leaves our warehouse. We strive to store our seeds under optimal conditions; the majority of our seeds are stored in airtight buckets and our seed storage room is a constant, controlled 50 degrees temperature and 35-40% humidity. Our items are germination tested every 6 months and each package is marked with the most current test results. In the unlikely event you experience dropped germination and express concern, we will evaluate the situation but may require you to provide testing results from an accredited lab. APW will not honor in-house lab results when seeking resolution to a germination issue.
The sole remedy for loss or damages shall be limited to the purchase price of the seed. Under no circumstances will A.P. Whaley, LLC be liable for consequential damages. All claims must be submitted to A.P. Whaley, LLC in writing no more than 30 days from the date of purchase.
Returns: Seeds are “live” organisms that are constantly aging and will eventually die. For the protection of all our customers, we cannot resell seed that has been returned. Seed viability is very dependent on proper storage conditions and handling. For that reason, we will issue refunds ONLY on seed returned unopened within 30 days. A 10% restocking fee may be applied. No refunds will be issued on shipping charges for returned products. We will accept returns and offer full credit for items proven not true to type or mislabeled.