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THE SMALL NURSERY 



stating whether way-bill was signed "under protest" and whether 

 goods have been unpacked and inspected; and that failure to send 

 such notice within two days of the receipt of the stock shall be 

 prima facie 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 on 

 delivery, to be defective 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 Xo. 3 above, or within one week thereafter. Said complaint 

 should specify explicitly 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 de- 

 stroyed or otherwise disposed 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 responsible for making the proper claim upon the 

 transportation agency, the shipper being under obligation to assist 

 by furnishing any information needful in establishing the claim 

 against the transportation agency. 



C. Payments. 



In the absence of special agreements to some other effect, pay- 

 ments for nursery stock are expected to be made within 30 days 

 after delivery both of consignment and bill for same. 



1. The practice of many landscape architects of withholding 

 nurserymen's bills from recommendation for payment until they 

 have verified the bills from several different nurserymen for all 

 plants shipped on their orders to a given client throughout a whole 

 planting season, when taken in connection with the fact that the 

 clients often delay payment after receiving the bills with the land- 

 scape architect's recommendation for payment, sometimes works 

 serious financial hardship on the nurserymen and ought to be kept 

 within close limits. Where the bills from individual nurserymen 

 are small it may be reasonable to hold some of them as long as 

 thirty days for the sake of sending in a group of bills at one time 

 to a client for the latter's convenience; but in no case is it good 

 practice to hold any bill in this manner for more than a month 

 after the receipt of goods and bill. 



2. Landscape architects ordering plants from nurserymen for 

 clients are recommended by the American Society of Landscape 

 Architects to follow the practice (unless negotiations are pending 

 with the nurseryman with regard to a counter claim) of issuing 

 as soon as practicable and in any case within 60 days after the 

 receipt of both bill and goods from the nurseryman, a certificate of 



