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Read the Dessert Seed Limitation of Liability and Disclaimer
of Warranties before buying or using Dessert Seed seeds.
By opening the container or using the seed you are acknowledging that the Limitation of Liability and Disclaimer of Warranties is part of the terms of transfer and constitutes an enforceable agreement between the parties. If you do not agree to be bound by the terms of the entire Dessert Seed Limitation of Liability and Disclaimer of Warranties, return all unopened containers of Dessert Seed seeds within ten days of purchase.
Allocation of Risks and Exclusive Express
Failure of seed to germinate and/or reduction of yield may occur as a result of multiple environmental and agronomic factors. Seeds at times carry seedborne diseases which may not be apparent to the Seller, Buyer or User. Dessert Seed makes no representation that its seeds are free of seed borne diseases whether previously known to exist or not identified until this seed is grown. All risks of nonperformance, reduced performance and/or crop damage due to these factors shall be assumed by the Buyer and User. This allocation of risks is reflected in the price of the seed. DESSERT SEED STATES, AS ITS SOLE AND EXCLUSIVE WARRANTY, THAT DESSERT SEED SEEDS CONFORM TO LABEL DESCRIPTIONS THAT ARE REQUIRED BY STATE AND FEDERAL LAW.
Disclaimer of Warranty, Exclusive Remedy and Limitation of Liability
Dessert Seed disclaims all implied warranties including any implied warranty of merchantability and any implied warranty of fitness for a particular purpose.
BUYER'S AND USER'S EXCLUSIVE REMEDY AND DESSERT SEED SOLE LIABILITY FOR LOSS OR DAMAGE ARISING FROM PURCHASE OR USE OF DESSERT SEED SEEDS SHALL BE AN AMOUNT EQUAL TO THE PRICE PAID FOR THE SEEDS USED, IF ANY. Buyer or User may not recover any amount for incidental or consequential damages, including loss of profit, loss of yield and amounts expended in using such seeds. This limitation of liability shall be applicable to any claim presented to Dessert Seed whether the legal theory forming the basis of such claim involves contract, tort, negligence, strict liability or otherwise.
Buyer and User agree that if Dessert Seed refunds an amount equal to the price Buyer or User paid for Dessert Seed seeds, this limitation of liability will not have failed of its essential purpose.
Prompt Notice of Claim
Dessert Seed must have prompt notice of any claim arising from the use of Dessert Seed seeds so that an immediate inspection of the allegedly affected seed and/or crop can be made. Buyer or User shall notify Dessert Seed immediately, but in no case later than 30 days after any defect or other basis of such claim is discovered or should have been discovered. Any claims made for which Dessert Seed did not receive notice within 30 days shall be barred.
Statute of Limitation
Any action against Dessert Seed for breach of contract and any claim for breach of warranties must be commenced within one year after the cause of action accrues. After such time all actions shall be barred.
If any portion herein is found to be unenforceable by a court of competent jurisdiction, all remaining portions herein remain in effect and fully enforceable.
Seed Enhancements, Treatments and Non-treated Seeds
Should Buyer or User allow Dessert Seed seeds to be enhanced, treated or otherwise conditioned by anyone other than Dessert Seed, Dessert Seed DISCLAIMS ALL WARRANTIES regarding the effect of any such processes on Dessert Seed seeds.
If Buyer or User accepts non-treated seeds, the Buyer or User accepts responsibility for the disease risks of using non-treated seeds. Dessert Seed DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR CROP DISEASE RESULTING FROM THE USE OF NON-TREATED SEEDS.
Technical data herein (within this website www.dessertseed.com) is solely a compilation of observations from various geographical areas, conditions, and laboratory tests. Growing results, including varietal characteristics and performance, vary depending on region, climate, soil, seed enhancements, environmental conditions, local practices and other factors. Dessert Seed DOES NOT GUARANTEE growing success. Any technical advice by Dessert Seed concerning the use of its seeds is given without charge. Therefore, Dessert Seed disclaims any warranty and disclaims all liability for such advice.
Buyer and User agree that the Dessert Seed Limitation of Liability and Disclaimer of Warranties is the entire agreement between Dessert Seed and Buyer or User regarding Dessert Seed’ Liability and Warranties. This Limitation of Liability and Disclaimer of Warranties may not be altered or amended in any way except in writing by an officer of Dessert Seed.
Notice of Required Arbitration/Conciliation Mediation Required by Several States Under the Seed Laws of several States, ARBITRATION, CONCILIATION or MEDIATION is required as a prerequisite to maintaining a legal action based upon the failure of seed to which this notice is attached to produce as represented. The consumer shall file a complaint (sworn for some states) along with the required filing fee (where applicable) with the Commissioner/Director/Secretary of Agriculture, Seed Commissioner, or Chief Agricultural Officer within such time as to permit inspection of the crops, plants or trees by the designated agency and the seedsman from whom the seed was purchased. A copy of the complaint shall be sent to the seller by certified or registered mail or as otherwise provided by statute. PLEASE CONSULT YOUR STATE DEPARTMENT OF AGRICULTURE for specific requirements as to filing procedures, fees, scope of application, statutory period of limitations, etc., as soon as you learn of the facts upon which a claim is to be based before any legal action is initiated. Failure to follow this procedure could limit your legal rights or limit the amount of damages you may be able to recover, depending on the law of your state.
Dessert Seed abides by Noramseed Rules & ISF Trade Rules 2006 rules. Copies of the rules are available in format. A copy of the ISF Dispute Settlement 2006 is available as well. Click on the associated name above to view the rules. A copy of Adobe Reader® is available by clicking the Get Adobe Reader® icon below. Adobe®, Adobe Reader® logos and Get Adobe Reader® icon are registered trademarks of Adobe Systems Incorporated.
Copyright © 2002 - 2007
Dessert Seed. All rights reserved.
Revised: January 17, 2007.