Applies to all orders unless otherwise stated.
Definitions. For clarity in these Terms & Conditions:
“Customer” refers to the individual or entity approving the Estimate.
“Estimate” refers to the price quote issued by OneCanopy and approved by the Customer.
“Materials” refers to all nursery stock, plants, trees, shrubs, or other plant material supplied by OneCanopy.
“Receiving Date” means the date confirmed between OneCanopy and the Customer for pickup or delivery of materials.
General Acceptance. Approval of an Estimate via QuickBooks constitutes confirmation that the Customer has reviewed and agreed to these Terms & Conditions. By approving an Estimate, the Customer commits to receiving the Materials during the season indicated (e.g., Spring/Summer/Fall 2026). These Terms and Conditions govern all orders unless a separate written contract is executed and signed by both parties.
RETAIL & SPECULATIVE ORDERS
Applies to all non-contract orders, non-custome-grown orders.
Order Confirmation. Approximately two (2) months before Materials are expected to be ready (or as soon as feasible) OneCanopy will contact the Customer to confirm a Receiving Date. Once a Receiving Date is confirmed:
a. The order becomes final.
b. Species and quantities may not be changed.
c. The Customer becomes responsible for the full cost of the order.
d. Final payment is due upon the Receiving Date.
Pickup, Restocking, and Cancellations. (Applies only to Customers picking up Materials in person.) Customers must pick up Materials on the confirmed Receiving Date. A 48-hour grace period is provided. If Materials are not picked up within 48 hours:
a. OneCanopy may restock or resell the Materials.
b. The Customer remains liable for:
i. the full original order amount, plus
ii. a 25% restocking fee.
c. Resale of restocked Materials does not reduce or offset the Customer’s payment obligation.
Material Guarantee & Claims. OneCanopy guarantees that all Materials are healthy and free from visible pest or disease issues as of the Receiving Date.
a. Claims must be submitted in writing (photos encouraged) within five (5) calendar days of receipt.
b. Claims received after five (5) days will not be accepted.
c. Materials are considered accepted by Customer if no claim is submitted within this timeframe.
Limitation of Liability. OneCanopy’s liability is limited to replacement of Materials or refund of the purchase price, at OneCanopy’s sole discretion. OneCanopy shall not be liable for indirect, incidental, consequential, or special damages, including but not limited to losses arising from:
a. Weather conditions
b. Improper handling after pickup or delivery
c. Transportation delays
d. Pests, disease, or environmental factors beyond OneCanopy’s control
CONTRACT ORDERS
(Applies to Materials grown under a custom grow or contract grow agreement.)
Order Commitment & Modifications. By approving a contract order Estimate, the Customer commits to the full quantity and species listed.
a. Reductions may be made only with written approval from OneCanopy and no later than sixty (60) days prior to the Receiving Date.
b. Reductions may not exceed 10% of the total Estimate value.
c. Failure to modify by the sixty (60)-day deadline results in billing for the full Estimate amount.
d. OneCanopy may retain or resell Materials associated with reduced quantities at its sole discretion.
Cancellation Policy.
a. Cancellations more than one hundred twenty (120) days prior to the Receiving Date are subject to a 50% cancellation fee based on the remaining Estimate value.
b. Cancellations within one hundred twenty (120) days of the Receiving Date will be billed at the full order amount.
c. Deposits, if collected, are non-refundable.
d. OneCanopy may retain or resell all Materials associated with a cancelled contract order.
Scheduling & Receiving Dates. Receiving Dates must be communicated when the order is placed and confirmed at least twenty-one (21) days before the final Receiving Date.
Payment Terms & Deposits.
a. Final payment is due 30 days from the Receiving Date.
b. Deposits may be required at OneCanopy’s discretion and will be stated clearly on the Estimate.
c. Deposits are non-refundable in the event of cancellation.
Past-due invoices may accrue interest at the greater of 2.5% per month or the maximum rate allowed by Colorado law. The Customer is responsible for reasonable fees associated with collection of past due invoiced amounts.
Quality Assurance & Claims. Materials are guaranteed to meet the specified quality and quantity standards as of the confirmed Receiving Date. All claims must be:
a. submitted in writing
b. include supporting documentation where applicable
c. received within five (5) calendar days of Material receipt
Claims submitted after five days will not be accepted.
Extended Holding Policy. If a Receiving Date is extended by more than 45 days beyond the original estimate, OneCanopy may assess a holding fee of $250 per bench, per month (or equivalent growing space).
Force Majeure. OneCanopy is not liable for delays or inability to fulfill any portion of an order due to events beyond its reasonable control, including but not limited to:
a. severe weather
b. fire
c. crop failure
d. labor shortages
e. acts of God
f. supply chain disruptions
g. transportation delays
h. governmental orders or restrictions
In such cases, OneCanopy may offer substitutes, revised delivery schedules, or partial refunds at its discretion.
Limitation of Liability. OneCanopy’s liability is limited to the replacement of Materials or refund of the purchase price, at OneCanopy’s sole discretion. OneCanopy shall not be liable for indirect, incidental, consequential, or special damages, or for losses resulting from Force Majeure.
Governing Law & Venue. These Terms shall be governed by and interpreted in accordance with the laws of the State of Colorado. Any disputes shall be resolved exclusively in the courts of Larimer County, Colorado.
Entire Agreement. These Terms & Conditions, together with the approved Estimate, represent the entire understanding between the Customer and OneCanopy regarding the order of Materials. No verbal agreements or informal communications modify these Terms unless confirmed in writing by OneCanopy.
