Claims &
Limitations

Four Star warrants to purchaser that our products shall conform to the description and that the plant material will be viable when received. Our liability is limited in amount to the purchase price of the plant material on which the claim is made, whether arising from negligence or any other cause. We shall not be liable for any consequential or incidental damages to the purchaser or any other person. Please see the back of our acknowledgements, shippers and invoices for further details. All varieties are subject to availability.

All growing must be for the sole purpose of producing Finished Plants from Proven Winners® plant material. Four Star defines Finished Plants as plants that have reached a size and appearance appropriate for retail sale. This is further defined as a finished plant sold in a container size of 4 inches in diameter or larger, or as a finished plant sold in a large multi-plant finished basket or combination planter. Customer may not resell or redistribute Products in the original form as received from Proven Winners. The term “redistribute” as used herein shall mean the act of transferring, selling, delivering to, or otherwise accommodating parties other than the Customer shown in the “ship to” portion of the written bill of lading.

Grower Claims Policy

We are confident that all plant material will reach each customer in excellent condition, but there will be times when an issue may arise where credit or replacements would be requested. We encourage customers to contact Four Star as soon as possible for any plant challenges or questions and notify their broker of any potential claims.

1. Claims due to quality or shortages must be reported to Four Star within 7 days of delivery. Final numbers must be reported to Four Star by the broker within 30 days of preliminary notification. Claims will be closed if final numbers are not received from the broker within the 30-day time frame.

2. Shipping related issues must be reported within 24 hours of delivery. Final numbers must be reported to Four Star by the broker within 30 days of preliminary notification. Claims will be closed if final numbers are not received from the broker within the 30-day time frame.

3. Four Star reserves the right to have shipments returned if deemed necessary. This can be related to quality or freight issues. We advise that the customer does not discard plants, tags or shipping boxes until notifying Four Star. (If necessary, we will make arrangements with our carrier to pick up the product. We will need contact information and hours that our carrier can pick up at the customer’s location.) A claim report must be received by Four Star prior to shipping replacements, if needed. Overpack, by variety, should be factored into count totals when reporting claim numbers. Note: If a customer is receiving replacement product, there may be an opportunity to add additional trays since we will be sending an 8-count box.

4. Photographs of plant issues are required and need to clearly represent the amount claimed. Photographs help expedite claims.

5. Replacements may be requested but Four Star will determine if replacements are warranted based on existing credit policies and procedures. Due to the possibility of credit denial, we recommend broker/salespeople do not directly book replacement orders. If placed, they must clearly state replacement order and refer to the original Four Star order number. If placed without our approval, you will be responsible for all costs if your credit is denied.

6. Upon shipping replacement orders, liner cost, freight costs and LMT will be charged. If your credit is approved, we will credit the liner, freight and LMT for the affected product for the original order on the credit invoice.

7. On claims reported for broker/salesman error, we will only issue credit if the broker/salesman sells or we can sell the product after our current inventory is depleted. If not sold, we will bill the broker.

8. Failure to follow these steps may void a credit claim.

9. Replacement orders are sent without tags in most cases.

10. In certain circumstances tags may be required to be returned to Four Star when settling a claim.

Grower Guaranteed Freight Delivery

Four Star offers self insurance on all orders shipped. We will honor any reasonable claims for damages due to extreme weather or mishandling by the freight companies. Do not discard plants before contacting Four Star’s customer service department. Please provide us with your broker company, order number and accurate numbers of your loss, and we will do our best to replace these items or issue a credit if replacements are unavailable. This service is available on pre-paid shipments only. Four Star does not accept any third party shipments. While Four Star traditionally has not instituted a fuel surcharge, we do reserve the right to pass one along if fuel prices become abnormally high.

Grower Order Policy

Orders below a four-tray minimum may be subject to a $25 processing fee.
Any order cancelled within the crop’s specific crop time plus two weeks will be billed to the broker/customer. Please contact Four Star if you have questions.

Early Order Discount

If the original E.O.D. order decreases more than 10% after November 1, the discount on the entire order is forfeited and full pricing will be applied.

Four Star Plants & Programs Reference Guide

The information in the Four Star Plants & Program Reference Guide is subject to change without notice. If you have specific questions about any information within this guide, please contact us at 734-654-6420 or mail@pwfourstar.com.