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Limitation of Warranty and Liability English Espaņol Francais Links Contact Us Home |
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Allocation of Risk of Nonperformance Failure of seed to germinate and/or reduction of yield may occur as a result of environmental factors including cold temperatures, heat, excess moisture, drought, 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. Exclusive Express Warranty SYNGENTA, hereby states, as its sole and exclusive warranty that SYNGENTA seeds conform to label descriptions that are required by State and Federal law. SYNGENTA 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. Disclaimer of Warranty SYNGENTA MAKES NO OTHER EXPRESS WARRANTY. SYNGENTA 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 SYNGENTA SEEDS ARE SOLD AS IS. Exclusive Remedy BUYER'S AND USER'S EXCLUSIVE REMEDY AND SYNTENTA'S SOLE LIABILITY FOR LOSS OR DAMAGE ARISING FROM PURCHASE OR USE OF SYNGENTA SEEDS SHALL BE AN AMOUNT EQUAL TO THE PRICE PAID FOR THE SEEDS USED. Limitation of Liability 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 OR GROWING SUCH SEEDS, OR FOR HARVESTING THE PRODUCE OF SUCH SEEDS. THIS LIMITATION OF LIABILITY SHALL BE APPLICABLE TO ANY CLAIM PRESENTED TO SYNGENTA WHETHER THE LEGAL THEORY FORMING THE BASIS OF SUCH CLAIM INVOLVES CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. Buyer and User agree that if SYNGENTA refunds an amount equal to the price Buyer or User paid for SYNGENTA seeds, this limitation of liability will not have failed of its essential purpose. Disclaimer of Warranty and Limitation of Liability for Technical Advice SYNGENTA is in the business of selling seed products and is not in the business of providing technical advice. Buyer and User agree that the purchase of SYNGENTA seed is a purchase of goods and not a purchase of technical advice or other services and that any technical advice by SYNGENTA in reference to the use of SYNGENTA seed is given free of charge. SYNGENTA DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY TECHNICAL ADVICE RELATING TO SYNGENTA SEED. SYNGENTA DOES NOT WARRANT THE ACCURACY OF ANY TECHNICAL ADVICE BY SYNGENTA AND DISCLAIMS LIABILITY FOR ANY CLAIM INVOLVING SUCH ADVICE WHETHER THE LEGAL THEORY FORMING THE BASIS OF SUCH CLAIM INVOLVES CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. IMPORTANT NOTICE REGARDING SEED BORNE DISEASES SYNGENTA has undertaken all reasonable precautions to identify and control seed borne pathogens on its seed. Seed treatments cannot assure complete absence of seed borne diseases, especially if the disease is already present in the buyer's field or neighboring fields from other sources. SYNGENTA DISCLAIMS ALL WARRANTIES REGARDING SEED BORNE DISEASE, EITHER EXPRESS OR IMPLIED, OTHER THAN THE WARRANTIES SET FORTH HEREIN. Please contact SYNGENTA if you would like to receive a more detailed description of the risk from seed borne disease. Bacterial Fruit Blotch Notice Bacterial Fruit Blotch (BFB), Acidovorax avenae subsp. citrulli, is a serious disease which has become a significant risk in the area of watermelon and cantaloupe cultivation. The pathogen causing BFB can be introduced into a field by infected seed, infected transplants, volunteer watermelon, mechanical means or natural spread from alternate hosts. It is impossible to conduct any testing procedures which will give 100% reliable results with regard to the identification of any seed borne BFB infection. SYNGENTA watermelon and cantaloupe seed are tested for the presence of Acidovorax avenae subsp. citrulli and obtain negative results following testing protocols that meet or exceed industry standards prior to being released for sale. No plants from the seed sample selected for testing showed symptoms of BFB within the known limits of detection. Gummy Stem Blight Notice Gummy Stem Blight (GSB) is caused by a fungus, Didymella bryoniae, that attacks cantaloupe, watermelons and other cucurbits. Yield loss due to GSB occurs as a result of rapid defoliation of vines and fruit infection and subsequent decay. GSB has become a significant risk in the area of watermelon and cantaloupe production. The pathogen causing GSB can be introduced into a field by infected seed, infected transplants, volunteer cucurbits, mechanical means or natural spread from alternate hosts and is present in the environment in many growing areas. It is impossible to conduct any testing procedures which will give 100% reliable results with regard to the identification of any seed borne GSB infection. SYNGENTA watermelon and cantaloupe seed are tested for the presence of Didymella bryoniae and obtain negative results following testing protocols that meet or exceed industry standards prior to being released for sale. No plants from the seed sample selected for testing showed symptoms of GSB within the known limits of detection. If at the initial testing there was any evidence of GSB, SYNGENTA will have treated the lot with the maximum labeled rate of Thiram and re-tested seeds from the lot and no symptoms of GSB found to be present within known limits of detection. Tobamo Virus Notice Tobacco Mosaic Virus (TMV) and Tomato Mosaic Virus (ToMV) are caused by viruses that attack a wide range of host plants. The viruses causing TMV and ToMV can be introduced into a field by infected seed, infected transplants, volunteer or wild host plants, mechanical means or natural spread from alternate hosts and is present in the environment in many growing areas. It is impossible to conduct any testing procedures which will give 100% reliable results with regard to the identification of any seed borne TMV or ToMV infection. SYNGENTA tomato seed is tested for the presence of the TMV and ToMV viruses and obtain negative results following testing protocols that meet or exceed industry standards prior to being released for sale. No plants from the seed sample selected for testing showed symptoms of TMV or ToMV within the known limits of detection. If at the initial testing there was any evidence of TMV or ToMV, SYNGENTA will have treated the lot with a tri-sodium phosphate wash and re-tested seeds from the lot and no symptoms of TMV or ToMV found to be present within known limits of detection. NOTICE FOR WATERMELON SEED ONLY DIRECT SEEDING SYNGENTA does not recommend planting seedless watermelon seed directly in the field. Variable weather, specifically unfavorable soil temperatures and moisture conditions, can result in unsatisfactory germination and reduced plant population. 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. Plant Variety Protection Notice: The Plant Variety Protection Office of the USDA has certified that Syngenta Seeds, Inc.- ROGERS® brand or AMERICAN SUNMELON® brand varieties for which protection has been granted, applied, or contemplated under the Plant Variety Protection Act are the exclusive property of Syngenta Seeds, Inc. This Act excludes parties from unauthorized seed propagation. See package label for details regarding PVP registration. Not for Sale or Use in South Carolina For reasons unknown to SYNGENTA, previous claims relating to product performance in South Carolina have been extraordinarily high, as compared to other states. As a result, SYNGENTA has decided not to sell or recommend SYNGENTA seed for use in South Carolina except through a SYNGENTA Authorized South Carolina Melon and/or Mountain Spring Tomato Dealer or SYNGENTA Authorized South Carolina Melon and/or Mountain Spring Tomato Sub-dealer. Buyer agrees that only SYNGENTA Authorized South Carolina Melon and/or Mountain Spring Tomato Dealers or SYNGENTA Authorized South Carolina Melon and/or Mountain Spring Tomato Sub-dealers shall offer SYNGENTA seed for sale or use in South Carolina. Buyer acknowledges that as of the date of this Contract, Mixon Seed Company, Inc. Siegers Seed Company, Clifton Seed Co., and Seedway are SYNGENTA's only Authorized South Carolina Melon Seed and Mountain Spring Tomato Dealers.
Mountain Spring Tomato Seed Not for Sale or Use in Arkansas For reasons unknown to SYNGENTA, previous claims relating to product performance of Mountain Spring Tomato Seed have been extraordinarily high in Arkansas, as compared to other states. As a result, SYNGENTA has decided not to sell or recommend Mountain Spring Tomato Seed for use in Arkansas. Prompt Notice of Claim SYNGENTA must have prompt notice of any claim arising from the use of SYNGENTA seeds so that an immediate inspection of the allegedly affected seed and/or crop can be made. Buyer or User shall notify SYNGENTA 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 SYNGENTA did not receive notice within 30 days shall be barred. Statute of Limitation Any action against SYNGENTA for breach of contract and any claim for breach of warranties must be commenced within one year after the cause of action accrues. All actions shall be barred after such time. Entire Agreement This Limitation of Warranty and Liability is the entire agreement between SYNGENTA 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 this 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 officer of SYNGENTA. 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. International Sales I.S.F. Trading Rules shall govern all International Sales. 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 SYNGENTA seeds or the produce of such seed. Buyer further agrees that if Buyer fails to provide such notice, Buyer must defend SYNGENTA, 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 this Limitation of Warranty and Liability. |
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