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NOTICE:
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
Warranty
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.
Severability
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 Advice
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.
No Amendment
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
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is available by clicking the Get Adobe
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icon below. Adobe®,
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Copyright © 2002 - 2007
Dessert Seed. All rights reserved.
Revised: January 17, 2007.