Master Sales Agreement (MSA) - Grapevine Nursery Stock

Sep 16, 2026

Uploaded by Rowan

Master Sales Agreement (MSA) governing the sale of goods and services between Inland Desert Nursery, Inc. (Seller) and the Buyer for vineyard grapevine nursery stock. Establishes availability-dependent delivery obligations, deposit and installment payment timing, interest on late balances, and procedures for refunds or cancellation. Defines delivery estimates, shipping initiation notice periods, storage fees, and a claims/returns policy requiring written notice within two business days for nonconforming, unplantable products.

LanguageEnglish

CategoryForms

FormatPDF

Pages3

Reading Time1 min

AccessFree to download

Master Sales Agreement (MSA) - Grapevine Nursery Stock

Availability

Payments & Deposits

Delivery & Storage

Claims, Returns & Replacement Policy

Master Sales Agreement (MSA) for Grapevine Nursery Stock PARTIES & GOODS: This Master Sales Agreement (“Agreement”) is entered into between Inland Desert Nursery, Inc.(“Seller”) and Inland Desert | MB's Acct \# 2979 (“Buyer”) , (collectively referred to as “Parties”) , regarding the sale of goods and services. From time to time during the term of this Agreement, Buyer may desire to purchase goods or services from Seller pursuant to the terms specified in this Agreement. Should Buyer desire to purchase goods or services from Seller, Buyer will execute a separate purchase agreement in the form of a (“Contract”) . By executing a Contract, Buyer agrees to be bound by the terms of this Agreement. To the extent the terms of the Contract and this Agreement conflict, the terms of this Agreement shall prevail. 1. AVAILABILITY: Seller's obligation to deliver plant materials (“Product”) in the stated quantities in the Contract is subject to the express condition of availability of such stock at the time of harvest, and Seller will attempt in good faith to grow Product in quantities as close as possible to the estimated yields. If actual yields are below the estimated quantities for any reason, Seller will determine in its sole discretion the amount of Product available for sale to Buyer and Buyer will accept such Product and pay the price per unit actually delivered. This shall apply to each variety, selection or lot on an individual basis and availability orunavailability of certain varieties, selections or lots shall not relieve Buyer from any of its obligations hereunder. If there is a Product shortage, Seller may substitute \#2 grade vines to fulfill a Contract. Seller cannot determine final grade and size of vines until delivery. Seller will extend a 10% price discount if substituted on any \# 2 grade vines assigned to the Contract. Buyer’s Initials: 2. PAYMENTS & DEPOSITS: Unless otherwise specified in the Contract, a deposit of fifty-percent (50%) of the Product price (“Deposit”) is due by the Confirmation Date. The remaining balance is due after delivery and within 30 days of the date of the final invoice. A final invoice will be sent to Buyer after all items on Contract have been delivered to Buyer. All past due amounts shall accrue interest (compounded monthly) from the date due until paid, at the rate equal to the lesser of (a) the maximum amount allowed by law, or (b) 1% per month) . Upon determination that Seller is unable to supply a full Contract for any reason (including crop failures or other events of force majeure) , Buyer shall receive a proportionate refund of the Deposit unless Buyer elects to apply such amount to the remaining balance due on the final invoice of Contract, or as a Deposit for future Contracts. Prior to acceptance, a Contract may only be canceled upon written approval of Seller. If Seller approves the cancellation of an Contract, unless otherwise agreed in writing by Seller, Seller may retain the entire Deposit; provided that if Seller is able to resell the Products from a canceled Contract, Seller may refund the portion of the Deposit to Buyer less any costs incurred by Seller and sales price difference. Buyer’s Initials: 3. DELIVERY & STORAGE: The Parties estimate that the Product will be ready for delivery on or before the “Target Delivery Date” specified in the Contract. The Target Delivery Date is an approximation only, and Seller shall not incur any liability for failure to deliver on or before such date. Seller reserves the right to tender delivery of the Products in installments or separate lots. Unless otherwise specified herein, the Total Contract Price is F.O. B. Seller's nursery site or storage facility. Buyer must provide Seller with a written request to initiate shipping. While the actual delivery date cannot be guaranteed by Seller, Seller will attempt to meet the requested delivery date; provided that Seller receives from Buyer a minimum of 14 days advance notice for d

FAQs

How does availability affect the Seller’s obligation to deliver grapevine stock?

Delivery quantities are subject to stock availability at harvest. If actual yields fall below estimates, Seller determines in its sole discretion what quantity is available and Buyer must accept and pay for units actually delivered.

When are deposits and remaining payments due under the agreement?

Unless otherwise specified, Buyer pays a 50% deposit by the Confirmation Date. The remaining balance is due after delivery and within 30 days of the final invoice, with interest accruing on past-due amounts.

What is the notice period for claims and returns of nonconforming products?

Buyer must notify Seller in writing within 2 business days after receipt of the products and provide the basis for the claim. Buyer must also return the nonconforming products within that same 2-day period to avoid being deemed to have accepted the products.

Sep 16, 2026

Uploaded by Rowan