This sale is made pursuant to the contract previously entered into between the seller and the purchaser named on the front of this confirmation. The parties agree that the terms of that contract are incorporated in this sale for all purposes.
CONDITIONS OF SALE AND LIMITATION OF WARRANTY
For the consideration expressed in this agreement the seller agrees to sell and purchaser agrees to buy the product contained herein. The seller and purchaser further agree that the conditions of sale and limitations of warranties listed below form a part of the consideration for the sale and form the basis of the bargain of this sale.
The seller does hereby warrant that the description and analysis of the contents of this bag shown on the tag attached hereto accurately reflects the test results as of the date shown on the tag of the lot noted thereon as obtained by the seller according to the seed testing procedures and standards adopted by the association of official seed analysts of north America.
Purchaser agrees that the only benefit he received by purchasing this product and the only benefit promised by the seller is that the contents of this bag conform to the test results shown on the tag attached hereto. Purchaser agrees that the value of the benefit promised and accepted in this sale is the purchase price paid by the purchaser.
There are no express or implied warranties by the seller other than the warranty stated above. There are no express or implied warranties of merchantability or of fitness for a particular purpose in connection with this sale.
The seller specifically disclaims any warranties, statements or representations express or implied as to yield quality of tolerance/resistance to disease or insects. It is agreed that purchaser’s sole measure of damage in any action against the seller concerning this product will be the price purchaser paid for the product. In no instance will the seller be liable for consequential or incidental damages.
It is agreed that any action for any breach of this agreement shall be commenced within one (1) year of the delivery of the product to the purchaser.
It is agreed that as a prior condition to suit based on this agreement or this sale, purchaser must within thirty (30) days of detecting any alleged damage notify an agent of the seller or notify the seller directly as to the damages claimed.
It is agreed that the seller’s obligation runs only to the first purchaser buying the product in the original unbroken and undamaged container for purposes other than resale and buying within nine (9) months of the date on the attached seller tag.
No statement, remark, agreement, representation, promise or understanding, oral or written, by the seller or any agent, representative or employee thereof which is not contained herein will be recognized or binding upon the seller. Purchaser agrees that the seller will not be obligated by or responsible for any statements or representations made by any dealer in the sale of this product in the event that any provisions of the “condition of sale & limitation of warranty” is found to be invalid by any court of competent jurisdiction. The other provisions hereof shall remain in full force and effect.
In consideration for the delivery of this product and by accepting this product buyer agrees that the conditions of sale and limitations of warranty set forth above are part of the consideration for this sale and are essential conditions of the sale of this product and constitute the entire agreement between the parties. Seeds not accepted on the basis of the forgoing conditions of sale must be returned within ten (10) days in original unopened containers and the purchase price will be refunded.
CHEMICALS AND MISCELLANEOUS PRODUCTS
Seller warrants to the extent of purchase price that products sold are as described on the container. Seller gives no further warranty expressed or implied.