Standard Terms and Conditions for Sale and Delivery of Hay

Parties & Agreement
These Terms and Conditions constitute a binding agreement between Rose Performance Hay & Feed and the purchasing party ("Buyer"). This agreement applies to all sales and deliveries of hay, forage, and related products. 

Product Description & Inspection
Seller agrees to provide hay at the specifications agreed upon in the sales order or invoice (e.g., cutting, bale type, bale weight, and forage analysis). Buyer acknowledges that hay is a natural agricultural product. While Seller represents the hay to the best of their knowledge, the Seller cannot and does not guarantee the complete absence of natural contaminants such as weeds, mold, or blister beetles. Buyer has the right to inspect the hay prior to or upon delivery. 

Delivery & Risk of Loss
Delivery shall be made to the Buyer’s designated location as specified on the invoice. Risk of loss or damage to the hay transfers to the Buyer upon arrival at the delivery destination. Buyer must ensure that delivery routes, driveways, and drop-off areas are safe, accessible, and firm enough to support heavy trucks and trailers. Seller assumes no liability for damage to Buyer’s property or driveways caused by delivery equipment. 

Pricing & Payment Terms
Prices are billed per ton or per bale as agreed upon in the order. Payment is due in full upon delivery unless credit terms have been explicitly approved in advance by the Seller. Past due accounts may be subject to a late fee of 1.5 % per month. 

In the event of non-payment, the client agrees to pay all costs of collection, including reasonable attorney fees, court costs, and collection agency fees.

Weight & Measurement
If hay is sold by the ton, weights shall be determined by a certified scale or as mutually agreed upon. If the hay is sold by the bale, the stated bale count on the delivery ticket shall be considered final and conclusive upon delivery, absent immediate written objection by the Buyer. 

Acceptance & Claims
Buyer must inspect the hay at the time of delivery. Any claims regarding quality, bale condition, or quantity shortages must be noted on the delivery receipt and communicated to the Seller in writing within 48 hours of delivery. Failure to notify the Seller within this timeframe constitutes absolute acceptance of the hay in its delivered condition. 

Force Majeure
Seller shall not be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, extreme weather events, fire, labor shortages, transportation embargoes, or other causes beyond the Seller’s reasonable control. 

Limitation of Liability
Seller’s total liability for any claim relating to the hay or its delivery is strictly limited to the replacement of the defective hay or the refund of the purchase price paid, at the Seller’s discretion. 

Governing Law
This agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any legal disputes shall be resolved exclusively in the courts of Marion County.