I. Placing Your Order

Early Order Discount (E.O.D.)

• Save 2% when your order is received by October 15, 4:30 p.m. EST.
• Applies to liner and branded container orders for ship dates July 1–June 30.
• If the original E.O.D. order changes more than 10% after November 1, the discount on the entire order is forfeited and full pricing applied.
• E.O.D. does not apply to hard goods, freight, LMT charges, Retail Ready product, Prefinished, or Plant & Ship™.

Lead Times

Orders are propagated per order and require up to a 12-week lead time. Speculative plant material is available during peak shipping weeks 1–20, subject to availability.

Order Cancellations

Any order cancelled or reduced within eight (8) weeks of the scheduled ship date will be the financial responsibility of the broker/customer. Crop-specific deadlines also apply:

• Caladium and URC orders: changes and cancellations must be received by Monday, 3 weeks prior to ship date.
• Calla orders: changes and cancellations must be received 5 weeks prior to ship date.

For cancellations outside the 8-week window, the Proven Winners® Buy Back Program (see Section III) provides brokers the opportunity to resell material before billing is finalized.

Shipping Guidelines

Truck Shipments

New, added, or changed orders must be submitted by Wednesday 4:00 p.m. EST the week prior to shipment. Anything received after cutoff ships small parcel at the small parcel rate.

Small Parcel Shipments

New, added, or changed orders must be submitted by Monday 4:00 p.m. EST the week of shipment. Additions only — no reductions to product in an active shipment.

Tags

All Proven Winners® and Proven Selections® plant material ships with one tag per plant, containing legal and growing/cultural information required for retail sale. Reduced quantities of tags may be ordered for larger container, combo, or mono hanging basket production and landscape use. Contact your Customer Relations Representative for details.

Complete Package Program

Proven Winners-branded containers are required for all Proven Winners® varieties:

• Proven Winners® annuals, perennials, shrubs: 4.25″ branded containers or larger (1:1 plant-to-container ratio)
• Proven Accents®: 3.5″ branded containers or larger
• Includes: URC varieties, Proven Accents Tip Cutting Program, and bulbs (Caladium and Calla)
• Landscape production is excluded from container requirements

Container prices are locked at time of order. Contact your Customer Relations Representative for the current container list and program details.

Special Grow Program

All current Proven Winners®, Proven Selections®, and Proven Harvest® varieties can be specially grown to meet your production needs.

• Lead Time: 12 weeks prior to ship date
• Order Minimum: 10 trays per variety per ship date
• Liner Sizes: Supernova® Enhanced™ 32 and 52; 50 Liner, 52 Half-Tray, and 104 Liner.
• Supernova® Enhanced™ sizes limited to varieties that benefit from enhanced liners.

Redistribution Restrictions

All growing must produce Finished Plants from Proven Winners® plant material. A Finished Plant is defined as a plant that has reached a size appropriate for retail sale, sold in a Proven Winners-branded container of 4″ or larger, or as part of a large multi-plant basket or combination planter (Proven Accents® may be sold in 3.5″ or larger).

Customers may not resell or redistribute products in the original form received. “Redistribute” means transferring, selling, or delivering product to parties other than the Customer identified on the bill of lading.

II. Claims

Proven Winners® is committed to shipping all orders on time and in excellent condition. Please retain all plant material, tags, and packaging until your claim is resolved.

Claims Process at a Glance

1. Report — Quality: 7 days; Shipping: 24 hours
2. Photos — Required for all claims
3. Hold — Don’t discard plants, tags, or boxes
4. Final Numbers — Within 30 days of notice

Transit Damage	Quality & Shortages	Photo Requirements
Report within 24 hours of delivery Note damage on driver’s delivery report Final numbers due within 30 days	Report within 7 days of receipt Claims >20% of order: contact both Proven Winners® and broker Final numbers due within 30 days	Close-up of affected plants Wide shot of total claim quantity Tray labels & damaged boxes

Making It Right

Replacement boxes will be filled with additional trays at no extra shipping charge. Shipping costs on replacements reflect only the cost of replaced product. Trays received in error may be kept and purchased at 50% off — correct tags will be shipped.

General Claims Policy

Proven Winners® will honor all reasonable claims for damages due to extreme weather or freight mishandling on prepaid orders. We cannot be held responsible for Third Party, Collect Freight, or COD orders.

Quality and Shortage Claims

Report quality or shortage claims to your broker or Proven Winners Customer Relations Representative within seven (7) calendar days of receipt. For claims exceeding 20% of order value, contact both Proven Winners and your broker directly.

Credits will not be issued for claims received after seven (7) calendar days of order receipt. Final claim numbers must be reported by the broker within 30 days of preliminary notification, or claims will be closed. Failure to notify Proven Winners within the above time frames will result in denial of the claim.

Transit Damage Claims

Report transit damage to your Proven Winners® Customer Relations Representative within 24 hours of delivery. Final numbers must be reported by the broker within 30 days of preliminary notification or claims will be closed.

Palletized Truck Deliveries

Review your paperwork and plant quality at delivery. Note any damage on the driver’s delivery report. Credits will not be issued for claims not documented at time of delivery.

Customer Pick-Ups

Review your paperwork and plant quality before leaving our facility. Write any quality concerns or shortages on Proven Winners® paperwork before signing. Claims will not be honored once material has been signed for and left the facility. Orders not picked up as scheduled are subject to a 20% restocking fee.

Replacement Orders

Replacement boxes will be filled with additional trays at no extra shipping charge — shipping cost reflects only the replaced product. Trays received in error may be kept at 50% off; correct tags will be shipped.

Replacements are subject to Proven Winners’ credit approval. Brokers should not book replacement orders directly without approval. Replacements are sent without tags in most cases. Overpack should be factored into claim count totals.

Container Returns

Container cancellations within 8 weeks of ship date are subject to a 20% restocking fee. Returns of complete, unused cases within seven (7) calendar days of delivery are also subject to a 20% restocking fee. Contact your broker or Customer Relations Representative to initiate a return.

III. Buy Back Program

The Proven Winners® Buy Back Program provides brokers with the opportunity to resell cancelled material before billing is finalized — minimizing financial risk for all parties.

Buy Back Program at a Glance

1. Request — Cancellation submitted
2. Confirm — We contact broker
3. Resell — Material on availability
4. Resolve — Billing finalized

If Material IS Resold	If Material Is NOT Resold
Material removed from order and returned to availability Original customer’s volume and EOD discount apply to billing Resold material takes on the new buyer’s volume	Broker may elect to receive the material (normal ship deadlines apply) If unshipped & unsold: billed to broker at end of ship week (no freight or LMT) Broker error cancellations follow the same process

How It Works

When a cancellation is requested outside the standard policy window, Proven Winners® will contact the broker for confirmation. Once confirmed, material is removed from the order and returned to live availability — giving both the broker and Proven Winners® the opportunity to resell it within the original ship week.

Volume and E.O.D. discounts follow the customer, not the material. Resold material takes on the new buyer’s volume. Proven Winners® will assist with reselling after current existing inventory is depleted.

Documentation

Proven Winners® will provide a spreadsheet for the broker to document all resold material, which must be returned to Proven Winners®. Final comparison against live availability occurs at the close of the buyback period before billing.

Resolution — Unsold Material

• Broker elects to receive unsold material: normal ship deadlines apply (Wednesday 4:00 p.m. EST).
• Material unshipped and unsold: billed to broker at original customer’s volume and E.O.D. discount; LMT and freight are removed from final billing.
• Broker error cancellations follow the same Buy Back process.

IV. License Terms & Limitations of Warranty

Grower Agreement

A licensing agreement will be sent with your order. It is not necessary to return this document. Contact your Customer Relations Representative for the full Grower Agreement policy.

Propagation Restrictions

Varieties protected by U.S. plant patents may not be asexually reproduced without a license. Contact Royalty Administration International for more information:

• 10175 Six Mile Cypress Parkway, Suite 3, Ft. Myers, FL 33966
• Phone: 800-472-4724 | Fax: 941-728-4833

Limitations of Warranty

Proven Winners® warrants to the purchaser that products will conform to descriptions in this guide and that plant material will be viable when received. All other warranties — expressed or implied, including merchantability or fitness for a particular purpose — are excluded.

The purchaser’s exclusive remedy is limited to the purchase price of the product on which the claim is made. Proven Winners® is not liable for consequential or incidental damages under any circumstances.

V. Freight, Pricing & Other Details

Freight & Shipping

Proven Winners® self-insures all prepaid orders and will honor reasonable claims for damages due to extreme weather or freight mishandling by the freight companies. This applies to prepaid shipments only.

Third-party freight arrangements are allowed; however, Proven Winners’ liability is limited on orders not shipped on a Proven Winners prepaid account.

• Freight charges are FOB Shipping Point.
• Additional charges may apply to Third Party or COD accounts.
• While Proven Winners® has not historically instituted a fuel surcharge, we reserve the right to pass one along if fuel prices become abnormally high.

Other Details

• Prices and terms are subject to change without notice.
• All varieties are subject to availability of stock and/or seed quality.
• For official trademark and patent status, please visit provenwinners.com.
• Spring Liner, Prefinished, and Plant & Ship™ Effective Dates: Week 36 of the current year through Week 35 of the following year.
• All Liner Programs receive bundling pricing, except Prefinished and Plant & Ship™.

Contact Us

For questions or claims, contact your regional Proven Winners® Customer Relations team: See Sales.

*The information in this guide is subject to change without notice. Always contact your regional Customer Relations Representative with questions.