WARRANTY AND LIMITATION OF LIABILITY TERMS
Warranty and limitation of liability
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE BUYING OR USING SEEDS FROM CALIFORNIA VEGETABLE SEEDS LLC.
You, personally and on behalf of the legal entity of which you are representative or an agent, agree to be bound by the terms and conditions below and you represent and warrant that you are duly authorized to be so bound. By using CALIFORNIA VEGETABLE SEEDS and or all its related products you are acknowledging that the limitation of warranty and liability is part of the terms of sales and constitutes the entire agreement between each and all contractual parties.
Limitation of Liability:
Buyer or user may not recover, demand or request any amount for incidental or consequential damages, including but not limited to loss of profit, loss of yield and amounts expended in using or growing such seeds, or for harvesting the produce of such seeds. This limitation of liability shall be applicable to any claim presented to CALIFORNIA VEGETABLE SEEDS LLC. and all its affiliated companies. Whether the legal theory forming the basis of such claim involves contract, tort, negligence, strict liability or otherwise. Buyer and User agree that if CALIFORNIA VEGETABLE SEEDS LLC. Refunds and amount equal to the price buyer or user paid to CALIFORNIA VEGETABLE SEEDS LLC, this limitation of liability will not have failed in its essential purpose.
Exclusive Express Warranty: CALIFORNIA VEGETABLE SEEDS LLC. hereby states, that its seeds conform to label descriptions that are required by State and Federal law as well as country of importation. CALIFORNIA VEGETABLE SEEDS makes no representation that the seeds it sells are free of seed-borne diseases whether previously known to exist or not identified until this seed is grown or results confirmed by an authorized federal lab in the U.S.A. or any authorized reputable lab in a first world country or leading agricultural country.
Disclaimer of Warranty: CALIFORNIA VEGETABLE SEEDS LLC. Makes no other express warranty. CALIFORNIA VEGETABLE SEEDS LLC. disclaims all implied warranties including any implied warranty of merchantability and any implied warranty of fitness for a particular purpose. To the extent permitted by state and Federal seed law, all California Vegetable seeds are sold as is.
Property: CALIFORNIA VEGETABLE SEEDS LLC. grants to Buyer, a limited, non-exclusive, non-transferable right to use or sell the material licensed hereunder for the purpose of production of plant parts intended for resale solely as fresh or processed product. Buyer hereby agrees that it is not acquiring rights for purposes other than those above named. Buyer and his customers shall not reproduce, increase or transfers said material, nor subject it to any conventional breeding or biotechnology process, or any other genetic manipulation techniques, including but not limited to tissue culture, genetic fingerprinting or transformation techniques. This material and one or more of the parental lines used to develop it may be proprietary to CALIFORNIA VEGETABLE SEEDS LLC. and either or both may be protected by a Plant Variety Protection Certificate, a Utility Patent or by Trade Secret in the U.S. They may also be protected under the laws of other countries. Any use of products which results in infringement, misappropriation or any other illegal activity regarding of any US or foreign right is prohibited. In case of resale, Buyer agrees to inform customers of all property terms and rights herein defined.
Nonperformance Risk: Failure of seed to germinate, and/or yield reduction, may occur as a result of environmental factors including but not limited to cold temperatures, heat, excess moisture, drought, storms, wind and hail, disease, pests, inadequate fertility or misapplication of pesticides. Seeds, at times, carry seed-borne diseases which may not be apparent to the Seller, Buyer or User. All risks of nonperformance, reduced performance and/or crop damage due to these factors shall be assumed by the Buyer and User.
Risk of Loss: Risk of loss shall pass to Buyer upon shipment. Buyer is advised to carry appropriate transit insurance.
Disclaimer of Liability for Seed Treatments: CALIFORNIA VEGETABLE SEEDS LLC. disclaims all implied warranties including any implied warranty of merchantability and any implied warranty of fitness for a particular purpose regarding any seed treatments provided to buyer or user by anyone other than seller.
Disclaimer of Liability for Seed Repackaging: Repackaging of this seed shall void all warranties except where permitted by contract and signed by authorized personnel from CALIFORNIA VEGETABLE SEEDS LLC.
Notice of Claim: CALIFORNIA VEGETABLE SEEDS LLC. must have prompt notice of any claim arising from the use of CALIFORNIA VEGETABLE SEEDS LLC. so that an immediate inspection of the allegedly affected seed and/or crop can be made. Buyer or User shall notify CALIFORNIA VEGETABLE SEEDS LLC. immediately, but in no case later than 15 days after any defect or other basis or such claim is discovered or should have been discovered. Any claims made for which CALIFORNIA VEGETABLE SEEDS LLC. did not receive notice within 15 days shall be barred.
Entire Agreement: The Limitation of Warranty and Liability is the entire agreement between CALIFORNIA VEGETABLE SEEDS LLC. and Buyer or User. Buyer and User agree that they are not relying on any statement, agreement, writing, warranty or representation, whether written or oral, other than those contained in the Limitation of Warranty and Liability.
No Amendment: This Limitation of Warranty and Liability may not be altered or amended in any way except in writing by an authorized signatory of CALIFORNIA VEGETABLE SEEDS LLC.
Severability: If any term of this Limitation of Warranty and Liability is held to be unenforceable, all remaining terms of this Limitation of Warranty and Liability shall remain in effect and shall be fully enforceable.
Notice of Required Arbitration / Conciliation / Mediation Required by Several States within United 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 AL, AR, CO, FL, IL, IN, MN, MS, NC, SC, TX, WA, signed only CA, GA, ID, ND, SD) 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 filling 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.
Notice of Binding Arbitration: In addition to the mandatory arbitration required by several states, Buyer agrees that any private civil action brought by Buyer or User against CALIFORNIA VEGETABLE SEEDS LLC. shall be submitted to binding arbitration under the Commercial Rules of the American Arbitration Association, said arbitration to be venued in County of Sussex, Delaware, USA.
Venue: Any claim shall be venued in County of Sussex, Delaware, USA.
INTERNATIONAL SALES: I.S.F Trading Rules shall govern all International Sales except as amended herein.
INDEMNIFICATION: By accepting this seed, Buyer agrees that Buyer shall provide written notice of the terms of this Limitation of Warranty and Liability to all subsequent Buyers, Users or Transferees of or the produce of such seed. Buyer further agrees that if Buyer fails to provide such notice, Buyer must defend CALIFORNIA VEGETABLE SEEDS LLC. to hold it harmless and to indemnify it from and against any claim of loss asserted by Buyers, Users or Transferees that did not receive notice of the Limitation of Warranty and Liability.