NOTICE TO PURCHASER REGARDING LIABILITY
1. LIMITATION AND DISCLAIMER OF WARRANTIES: Seller hereby states, as its sole express warranty, that seeds it sells conform to only those descriptions of said seed that are required to be on the label thereof by Federal or applicable state law. Seller disclaims and makes no other warranties, express or implied, nor any warranties or merchantability or of fitness for a particular purpose or otherwise. To the extent permitted by Federal or applicable State seed law, all seeds are sold as is (Tel Quel).
2. LIMITATION OF LIABILITY: Purchaser’s exclusive compensation for loss or damage arising from purchase or use of seed from Seller shall be limited to an amount equal to the purchase price of such seed. There shall not be included any amount for incidental or consequential damages, nor for amounts expended in using or growing such seed, nor for harvesting the produce of such seed. This limitation of liability shall be applicable to any claims presented to Seller, regardless of the legal theory forming the basis of such claim, and whether such theory involves negligence, contractual liability or otherwise.
3. PROVISIONS FOR LAW AND NOTICE: Acceptance of seed sold by Seller constitutes agreement that such sale was made in the State of Arizona, USA, and is subject to the State Law of Arizona and no other state. Notice of any claim based on such sale shall be given to Seller within a reasonable time after discovery of the facts giving rise to such claim. Notice given after the point and time in which Seller can no longer physically inspect or examine such seed, or the resulting crops from such seed, shall be deemed to not be reasonable notice hereunder.
4. INDEMNIFICATION: By accepting seed, Purchaser agrees to defend Seller to hold it harmless and to indemnify it from and against any claim or loss asserting by any or all transferees of such seed or users of the produce of such seed who are not notified by Purchaser of a LIMITATION AND DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, and PROVISIONS FOR LAW AND NOTICE. In terms substantially equivalent to those contained in paragraph 1, 2 and 3.
NOTICE: ARBITRATION/CONCILIATION/MEDIATION REQUIRED BY SEVERAL STATES
The seed laws of several states, including Alabama, Arkansas, California, Florida, Georgia, Idaho, Illinois, Indiana, Minnesota, Mississippi, North Dakota, South Carolina (Section 46-21-260), South Dakota, Texas (vegetable seed only) and Washington, require arbitration, conciliation or mediation of disputes involving allegedly defective seed before certain legal actions my be maintained against a Seller.
A complaint (sworn for AL, AR, CA, CO, FL, GA, IL, IN, MN, MS, SC, TX, WA; signed only ID, ND and SD) must be filled with the Department of Agriculture or Seed Commissioner (IN), (CO), or State Plant Board (AR) within such time to permit an inspection of seed, crops, or plants (by arbitration committee—AR, ID, MS, and SC). Certified copy of complaint must be sent by registered mail to DP Seeds LLC. as provided in individual state law.
COLORADO: NOTICE OF REQUIRED ARBITRATION
Under the “Colorado Seed Act” article 27 of title 35, Colorado revised statutes, arbitration is required as a prerequisite to certain legal action, counterclaims or defenses against a Seller of good seed. Information about this requirement may be obtained from the Colorado Commissioner of Agriculture.
Pictures used in this catalog and all other DP Seeds LLC. printed material are used for illustrative purposes only and may or may not be of the actual variety. DP Seeds LLC. uses pictures to demonstrate type and clarity and does not warrant crops to be identical.