NOTICE TO BUYER: ADDITIONAL TERMS AND CONDITIONS OF SALE
Limitation of Warranty and Remedy
NOTICE: Read the Sakata Ornamentals Europe A/S Terms and Conditions of Sale, Limitation of Liability and Disclaimer of Warranties before buying or using Sakata’s seeds.
Sakata Ornamentals Europe A/S ("Company") warrants that the seeds described and sold are subject to tolerances established by law. THE FOREGOING EXPRESS WARRANTY EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION HEREON. Company does not warrant that the conventional seed produced by the Company is completely free of genetically modified organisms ("GMO"). Due to events outside the reasonable control of the Company, including (but not limited to) adventitious pollen contamination due to pollen drift caused by wind and/or insects, Company specifically disclaims any warranty as to complete freedom from GMO. By acceptance and use of the seed, buyer agrees that the Company’s liability and the buyer’s exclusive remedy for breach of any warranty shall be limited, in all events, to a return of the purchase price of the seed, and in no event shall the Company be liable for any incidental or consequential damages. All claims must be presented within a reasonable time after discovery and in no event more than thirty (30) days after the defect in the seed becomes apparent. The pictures shown on this site and containers labels represents kind only. Variety may differ from the illustration in color, shape, and size.
Important Notice: Use Restriction
The seed sold is proprietary to or licensed to Company. Company grants to buyer, a limited, non-exclusive, non-transferable right to use the product licensed hereunder for the sole purpose of production of a single crop for processing and/or fresh market and/or flower crop. Buyer agrees that buyer is not acquiring any rights to use the seed for purposes other than production of a single crop for processing and/or fresh market and/or flower crop. Buyer shall not reproduce (sexually or asexually) said seed or transfer said seed, nor subject the seed or plants produced therefrom (nor their pollen or any other plant part) to any breeding, sexual or asexual propagation, biotechnology process, or any other genetic manipulation techniques, including (but not limited to) tissue culture, genetic fingerprinting or transformation techniques. Export of this seed and the crop produced therefrom for planting, breeding, sexual or asexual propagation, and/or biotechnology purposes is prohibited.
Notice of Required Arbitration
Under the seed laws of several states, arbitration is required as a prerequisite to maintaining certain legal actions, counterclaims, or defenses against a seller of seed, including claims for failure of seed to produce as represented. In those states, as well as in states in which arbitration is provided but not required, the consumer shall file a complaint (sworn for AL, AR, CO, FL, IN, MN, MS, NC, SC, TX, WA; signed only for CA, GA, ID, IL, ND, SD) along with the required filing fee (where applicable) with the Commissioner or other responsible seed official as specified within such |
