LIMITATION OF WARRANTY AND LIABILITY AND USE RESTRICTION
READ THIS BEFORE ORDERING OR USING
Wannamaker Seeds, Inc. ("WS") hereby states, as its sole and exclusive warranty, that seed it sells ("Seed") conforms to only those descriptions of Seed that are required to be on the label thereof by federal or applicable state law. WS disclaims and makes no other warranties, express or implied, nor any warranties of merchantability or of fitness for a particular purpose or otherwise. To the extent permitted by federal of applicable state seed law, all Seed is sold AS IS (TEL QUEL).
Acceptance of Terms: Any person or company who receives, opens or uses this Seed (collectively the "User") thereby accepts and agrees to this Limitation of Warranty and Liability and Use Restriction ("Agreement") between User and WS. If User did not purchase this Seed directly from WS, he agrees that WS is a third-party beneficiary and is entitled to enforce this Agreement as if it had been entered into between User and WS. User agrees to accept full responsibility for the performance of the Seed and crop. IF USER DOES NOT ACCEPT THESE TERMS, USER MUST RETURN THIS SEED IN THE UNOPENED CONTAINERS TO WS FOR A FULL REFUND WITHIN 10 DAYS OF RECEIPT.
Exclusive Remedy: User's Exclusive Remedy and WS's sole liability for any loss resulting from the ordering or use of the Seed is limited to a refund of the price paid for the Seed and will not include incidental, consequential, or exemplary damages, such as loss of yield or lost profits. User agrees that WS's refund will not cause this Agreement to fail of its essential purpose.
No responsibility for Third-Party Handling: WS takes no responsibility and makes no warranty for third-party handling including treatment, pelleting, priming, grading, packaging or any processing done to the Seed by anyone other than WS.
Notice of Required Arbitration/Conciliation/Mediation Required by Many States within United States: Under seed laws of many 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 User must 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 Department of Agriculture, Seed Commissioner or Plant Seed Board within such time as to permit inspection of the seeds, crops, or plants by the designated agency. A certified copy of the complaint must be sent by registered mail to WS or as otherwise provided by statute.
Use Restriction: This Seed is owned by or licensed to WS. WS strictly limits the possession of this Seed to a grant to User of a non-exclusive right to use this Seed for the sole purpose of growing a single crop of plant parts for sale or use as a vegetable product ("Restriction"). User shall not export, re-sell, re-package, reproduce, multiply or breed the Seed, and shall not genetically analyze or manipulate in any way the Seed, or any plants or plant parts produced from the Seed.
This Agreement is the Entire Agreement between WS and User regarding these terms of sale. User has not relied upon any warranty, representation or use restriction except as specifically provided in this Agreement. Rev. 12/1/10.