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LILY AUCTION RULES FOR PLANT
SELLERS: Sellers, remember that the more you please your customers, the happier they will be and the more likely they will leave positive feedback for you and give you repeat business. If you let your customers know that you back up your auctions they will let other people know through your feedback, and your auctions will receive more bids. An unhappy customer can damage your reputation, particularly if they leave you negative feedback. Some people are very hard to please and the more you disclose, the less room there will be for these types of people to complain. The overwhelming majority of users on the Lily Auction are very reasonable and have been willing to resolve problems that come up in ways acceptable to both parties involved. Good communication is the key to successful, and hassle free, internet sales. The following are a few rules and pointers for plant sellers that may be useful in preventing potential disputes:
| Plant Guarantee | Delayed Delivery | Plant Size | Return Policy
| Unintroduced
Cultivars | Tissue Culture | 1) ALL Plants must be guaranteed to remain alive for a period of at least 60 days from date of receipt by buyer, unless otherwise stated in the Auction Description. Of course it is the buyers responsibility to provide the required care to the plant, including adequate water, soil conditions and sun exposure. If you ship plants in the hot season, July and August, and do not want to guarantee the plant's survival, you must state so in your auction description. Most sellers guarantee their plants for 6 months. If no guarantee is offered, this must be stated in the auction description. When a plant dies within your guarantee period, always offer to replace the plant or, if you cannot replace the plant, offer the choice of a substitution plant or refund of money. Show your customers that you are ready to back up your sales when necessary. In the long run this will improve your sales and profits.
| Plant Guarantee | Delayed Delivery | Plant Size | Return Policy
| Unintroduced
Cultivars | Tissue Culture | 2) If you are selling plants that are to be held for delivery at a later date (Delayed Delivery), you must indicate in your auction description what the buyer will receive. Will the buyer get only the described single or double fan at the time of shipment, will the buyer get only the increase or will the buyer receive the single or double fan as well as any increase that occurs from the close of auction until the time of shipment. Different people have different ideas as to what they are entitled to in this regard. Being clear in your description will avoid a potential conflict. 4) It is suggested that you always disclose the size of the plant you are selling. For example, you can describe the diameter of a daylily at the crown of the plant in inches or the size of a half-dollar, quarter, nickel, penny or dime. Everyone has their own idea of what is large and what is small. Disclosing plant size in your auction descriptions by giving an actual measurement will prevent potential disputes. For example: "This auction is for a single fan of at least 1" diameter across the crown of the plant". If you do not disclose the size of your plant in your auction description then it may be assumed that it is at least 1/2" diameter just above the crown of the plant. Otherwise you must disclose anything less than 1/2". Please see #13), 'Amendment 09/20/06' below.
| Plant Guarantee | Delayed Delivery | Plant Size | Return Policy
| Unintroduced Cultivars | Tissue Culture | 5) Disclose your return policy. Make statements like "All sales are final"; "All items are shipped as is"; "Satisfaction is guaranteed"; "3 day return policy"; etc. Unless otherwise stated in the 'aboutME' or item description, the standard Lily Auction return policy will apply: "If you are not completely happy with your shipment, you may either request a replacement or, if replacement is not possible, return the item within 48 hours for a full refund". If you have a different return policy, or a no-return policy, whatever it is, you need to let you potential buyer know it. You must disclose it! Otherwise the Lily Auction standard return policy will always apply. Having a return policy tells buyers that Sellers of the Lily Auction back up their auction sales. This promotes bidding confidence and will help your business. 6) (6/12/00) If you are selling an UNREGISTERED plant, you MUST disclose that the Cultivar is Unregistered. Unfortunately, there are Cultivars out there that may be called a specific name yet not be registered. It is the seller's responsibility to know whether a plant that he or she is selling is registered or unregistered. Also, you may not use a statement like "registration pending" unless the application has already been made.
| Plant Guarantee | Delayed Delivery | Plant Size | Return Policy
| Unintroduced
Cultivars | Tissue Culture | 7) Amendment 06/20/00: If a Cultivar is Patented, it can only be sold on the Lily Auction with the permission of the owner of the Patent. It is the responsibility of the seller to know whether the plant they are selling is Patented or not. It is also the seller's responsibility to get permission from the owner of the patent BEFORE posting the item for auction. 8) Amendment 08/16/00: When using a number in the title of your auctions, you must clearly define, IN THE TITLE STATEMENT, what the number is referring to. For example, 5 fans, or 8 inch bloom, etc. Buyers don't always read the descriptions inside the auction as thoroughly as they should, and an unqualified number can lead to a dispute after the auction. 9) Amendment 08/02/00: Cultivars not yet "introduced": All Lily Auction sellers must agree that, regardless of any verbal or written agreement, at no time will any cultivar be posted on the Lily Auction BEFORE it is "introduced" by the hybridizer, WITHOUT the express written permission of the hybridizer. For the purposes of the Lily Auction, "introduced" means the hybridizer has listed the Cultivar, in his catalog, printed list and/or web page, when the plant will become available to the public. This does not restrict hybridizers in any way from selling their own seedlings on the Lily Auction before they have been introduced into the general market. The Lily Auction will depend on the hybridizer to notify it of any Cultivar put in the auction that has not been released for sale to the general public by catalog, website, or prior sales to the public. The hybridizer has the responsibility to monitor his/her Cultivars posted in the Lily Auction that might be offered prior to their release date and provide necessary documentation to the Lily Auction in event of controversy over the plant being put in the auction. 10) Amendment 02/26/01: Federal & State Quarantine Requirements: Sellers and Buyers are responsible for all plant inspections required by the State and Federal Governments. If you have questions about individual State requirements for shipping plants please go to the following site: Federal & State Plant Quarantine Information
| Plant Guarantee | Delayed Delivery | Plant Size | Return Policy
| Unintroduced
Cultivars | Tissue Culture | 11) Amendment 09/04/01: Revised 12/10/07: Lily Auction policy on Rust: Please note, you must never ship a plant that has any visible signs of "rust" or is known to have "rust". It is the responsibility of every seller on the Lily Auction to know what rust is and to be reasonably sure that rust is not being spread to uninfected gardens. For information about rust, please consult the AHS dictionary: http://www.daylilies.org/ahs_dictionary/daylily_rust.html . Not everyone is concerned about rust and, in fact, the USDA has downgraded the disease to a "Nuisance". Some gardeners feel that using poisonous chemicals to control rust is worse than the rust itself and will only use "organic" means to control rust. Nevertheless, to be fair to everyone, we must all be reasonable sure that we are not shipping infected plants. Moreover, if you have seen rust in your garden at all, you should disclose such in your auction descriptions, even though the plant you are selling has no visible sign of rust and even if you have sprayed fungicides on it. Rust is transmitted through microscopic spores which can travel in the wind and from plant to plant without noticing a full-blown infection. It will help to mitigate the spread of rust, by soaking your apparently "uninfected" plants in a bleach solution before they are shipped. This will certainly help to kill any possible hidden spores and mycelia but, unfortunately, it is not a guarantee. Spraying with fungicides, even systemic fungicides, also does not guarantee that your plants are completely rust free. Rust spores and growing mycelium, can hide in the portions of the plant that are impossible to see and anything you spray on them or soak them in, may not get to those areas of the plant. Indeed, many plants from gardens that spray fungicides, have later developed rust in gardens that have not continued the use of fungicides. No one has established the exact strength of the bleach solution to be used for daylily rust but it has been recommended that 150 ppm is effective for asparagus rust. Many people are successfully using this strength of bleach to soak their daylilies before they ship. For the exact proportion of bleach to water to use when making your bleach solution, please consult your local gardening or daylily association. The important point to understand here is that, while plants may appear healthy, if you have had plants in your garden infected with rust, and even if they have been sprayed with fungicides, you may still have hidden spores or growing mycelium which could then erupt into a full-blown rust infection after they have been shipped. Disclosing that you have seen rust in your garden is essential to the honest and ethical sale of daylilies on the Lily Auction. This is a controversial area as some people feel that if your garden is infected, you should not ship at all. There are extremes on either end of the spectrum. The decision to sell is, of course, up to you. However, to be fair to everyone, please be sure that you have honest disclosure statements in your auctions. If you have had rust in your garden, state so. If you spray fungicides, state so. Do whatever you can ethically do to mitigate the spread of rust. Buyers, to further protect yourself against rust, here is a link to another suggested way to reduce the risk of introducing rust into your garden: http://web.ncf.ca/ah748/newplants.html. 12) Amendment 12/31/02: If a Cultivar is Tissue Cultured: The seller must disclose if a plant is Tissue Cultured in the description of the auction. The seller must state "this auction is for a Tissue Cultured plant". Adequate disclosure will avoid disputes after the auction. If you purchased plants from a "super-store" such as Home Depot or Wallmart, the likelihood of these plants being Tissue Cultured is very high. In this case you must disclose the source of your plants. 13) Amendment 09/20/06: A small daylily, smaller than 1/2" in diameter (the size of a dime) at the bottom of the fan just above the crown, MUST always be disclosed as a small plant, stating the actual size, in the auction description. If, at the time of shipping, the seller finds that the plant is less than 1/2 inch diameter at the crown, and this has not been disclosed in the auction description, then the seller must contact the buyer and give the buyer the option of accepting the smaller plant as it is or offering a refund. Of course, sellers may always offer a substitutions, additional fans or bonus plants to make up for any unexpected problem like this, if they wish. A buyer should be consulted with options, before shipping them a small plant that was undisclosed in the auction description. 14) Amendment
09/20/06b: Plant Quality:
All plants sold on the Lily Auction should be healthy and in good
condition. However, in addition, the Lily Auction requires certain
disclosures related to plant quality when applicable: Both of the above factors can affect plant quality and performance after the buyer receives it, and they have the right to know.
| Plant Guarantee | Delayed Delivery | Plant Size | Return Policy
| Unintroduced
Cultivars | Tissue Culture | If you have any suggestions about these guidelines please contact the auctioneer. Mike Longo
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