LIMITATION OF WARRANTY AND LIABILITY
Outstanding Seed Company, LLC ("Outstanding Seed") warrants that the seeds in the container are as described on the container, 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. By acceptance and use of the seed, buyer agrees that Outstanding Seed'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 Outstanding Seed be liable for incidental or consequential damages. All claims must be presented within a reasonable time after discovery. Subject to such notification of a claim, Outstanding Seed will promptly replace the seeds which do not conform to Outstanding Seed's express warranty as stated above, or at Outstanding Seed's option, refund the purchase price to buyer. Crop yields and quality are due to many causes and conditions beyond the control of Outstanding Seed, such as disease, insect variants, the time, manner and amount of application of chemicals, fertilizers and other additives and the weather. Therefore, Outstanding Seed cannot warranty yield or quality. Illustrations on Outstanding Seed's website, catalog or any other publication represent kind only. Variety may differ from the illustration in color, shape and size. Unless accepted on the foregoing terms, buyer shall return the seed in the original unopened container within 15 days of the purchase for a refund of the purchase price.
ORDER CONFIRMATION NOTICE
All orders are subject to confirmation and prorate by Outstanding Seed. In the event of seed crop shortage or seed crop failure or for any other reason, Outstanding Seed may prorate seed orders.
DISEASE NOTICE
Some crops have been affected by various diseases over the last several years. Watermelon Fruit Blotch or Acidovorax avenae subsp. citrulli. The pathogen causing this disease can be introduced into a field by including, but not limited to the following: infected seed, infected transplants, infected volunteer plants, mechanical means, infected debris or by the natural spread from alternate hosts. The causes of this disease are due to factors beyond the control of Outstanding Seed and Outstanding Seed cannot guarantee that the seeds are free from Watermelon Fruit Blotch or any other disease.
NOTICE OF REQUIRED ARBITRATION
Under the seed laws of several states, arbitration is required as a prerequisite to the 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 states which arbitration is provided but not required, the consumer shall file a complaint along with the required filing fee (where applicable) with the Commissioner or other responsible seed official as specified within such time as to permit inspection of the crops or plants during the growing season. A copy of the complaint shall be sent to the seller of the seed by certified or registered mail.
CONSENT OF JURISDICTION AND GOVERNING LAW
Buyer consents to the exclusive jurisdiction of the courts of the Commonwealth of Pennsylvania and agrees that this agreement shall be governed under the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions.
IMPORTANCE NOTICE
Some seed in this catalog is proprietary to or licensed to Outstanding Seed. Outstanding Seed 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. 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. Buyer shall not reproduce (sexually or asexually) said seed or transfer said seed, nor subject said seed or plants produced there from (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. Unless accepted on the foregoing terms, buyer shall return the seed in the original unopened container within 15 days of purchase for a refund of the purchase price.
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