OF LANDSCAPE ARCHITECTS 



115 



OBLIGATIONS WHICH ARE NORMALLY IMPLIED BY THE PLACING AND 



ACCEPTANCE OF AN ORDER FOR NURSERY STOCK. IN THE ABSENCE 



OF SPECIFIC STIPULATION TO SOME OTHER EFFECT 



A. On the part of the nurseryman. 



1. That the stock shipped shall be true 

 to name. (The standard names are those of 

 the American Joint Committee on Horti- 

 cultural Nomenclature. The plants corre- 

 sponding to these names are those described 

 in Bailey's cyclopedia, as per references in 

 the check list of the American Joint Com- 

 mittee on Horticultural Nomenclature.) 



2. That the stock shipped shall be of the 

 size and quality represented by the nursery- 

 man. (An attempt to standardize and de- 

 fine terms descriptive of size and quality is 

 being made by the nurserymen.) 



3. That all reasonable care and skill shall 

 be exercised in digging, handling, and pack- 

 ing the stock, having due regard to the 

 species, size and character of the plants, to 

 the climatic conditions at the time and place 

 of digging, of transit and of delivery, and to 

 the normal time consumed in transit and 

 method of handling in transit by the trans- 

 portation agencies selected, and that all pre- 

 cautions which are customary in good trade 

 practice shall be taken to ensure that the 

 plants will arrive in good condition for suc- 

 cessful growth unless culpably delayed or 

 mishandled while in charge of the transpor- 

 tation agencies. 



4. That notice of shipment is to be sent 

 in due season to the person placing order 

 and to consignee, stating time and method of 

 shipment, number and kind of containers, 

 (boxes, bundles, carloads, etc.). name of 

 transportation agency, name and address of 

 consignee, and whether transportation 

 charges are prepaid or collect. 



B. Upon the part of the person placing the 

 order, or of others acting under his instruc- 

 tions. 



1. That arrangements shall be made for 

 the prompt receipt of the consignment upon 

 notice from the transportation agency that 

 it is ready for delivery at point of destina- 

 tion. 



:.'. That if at the time of delivery there is 

 evidence of damage during transit, or if 

 there has been serious delay in delivery, the 

 way-bills shall be signed "under protest." 



3. That a notice of the receipt of stock 

 shall be sent to the shipper within two days 



of their receipt from the transportation 

 agencj', stating whether way-bill was signed 

 "under protest" and whether goods have 

 been unpacked and inspected; and that fail- 

 ure to send such notice within two days of 

 the receipt of the stock shall be prima facia 

 evidence of its acceptance. 



4. That all reasonable care, skill, and 

 despatch shall be used in the unpacking and 

 inspection of the stock. 



5. That if the stock shall appear, at the 

 time of inspection or delivery, to be defec- 

 tive from any cause other than the fault of 

 the transportation agency, a complaint to 

 that effect shall be sent to the shipper, either 

 with the notice of receipt of goods specified 

 under No. 3 above, or within one week there- 

 after. Said complaint should specify ex- 

 plicitly the nature of the defect or defects. 



6. That in case a complaint of defective 

 stock is thus made to the nurseryman, the 

 stock in question shall be heeled in or other- 

 wise properly protected from deterioration, 

 and shall not be destroyed or otherwise dis- 

 posed of until the nurseryman shall have 

 had reasonable time to state whether he 

 wishes to have the stock jointly inspected or 

 what action he proposes to take concerning 

 the complaint. 



7. That if the stock shall appear at the time 

 of inspection upon delivery to be defective, 

 partly or wholly because of delay or mis- 

 handling while in transit, the consignee or 

 the person placing the order shall be respon- 

 sible for making the proper claim upon the 

 transportation agency, the shipper being un- 

 der obligation to assist by furnishing any 

 information needful in establishing a claim 

 against the transportation agency. 

 C. In case of stock ordered from a nursery- 

 man by a landscape architect as agent for a 

 client, it is the duty of the landscape architect 

 to use due diligence in securing prompt pay- 

 ment of the bills by the client and, unless ne- 

 gotiations are pending with the nurseryman in 

 regard to counterclaims, to make sure that the 

 client is duly notified of the nurseryman's 

 proper claim for payment within a maximum 

 of sixty days after the receipt of both stock 

 and bill for same. 



