Notice to Buyer: Additional Terms and Conditions of Sale
Any representations and other information are based on our observations and/or information from other sources. Crop performance depends on the interaction between the genetic potential of the seed, its physiological characteristics, the environment, including management, and other uncontrollable factors that may alter expected performance. Triploid hybrid watermelon varieties will on occasion produce white and hard, dark vestigial seed coats and, therefore, are not warranted to be completely “seedless”. Statements concerning the reaction of varieties to a specific pathogen, pest or stress are based on evaluation under defined conditions. These reactions can be affected by changes in environmental and biological factors, especially new pathogen races, pest biotypes or vectors of disease agents. SAKATA GIVES NO WARRANTY, EXPRESS OR IMPLIED, FOR CROP PERFORMANCE RELATIVE TO THE INFORMATION GIVEN; NOR DOES SAKATA ACCEPT ANY LIABILITY FOR ANY LOSS, DIRECT, INDIRECT, OR CONSEQUENTIAL, THAT MAY ARISE FROM ANY CAUSE. Please read all seed package labeling carefully to understand the terms and conditions of sale.
NOTICE TO BUYER: ADDITIONAL TERMS AND CONDITIONS OF SALE
Sakata Seed America, Inc. (“Sakata”) warrants that the seeds in the container are as described on the container or container label, subject to tolerances established by law. THE FOREGOING EXPRESS WARRANTY EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST INFRINGEMENT. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION on the container or container label. Due to events outside the reasonable control of Sakata, including (but not limited to) adventitious pollen contamination due to pollen drift caused by wind and/or insects, SAKATA DOES NOT WARRANT THAT THE SEED PRODUCED BY SAKATA IS COMPLETELY FREE OF GENETICALLY MODIFIED ORGANISMS. ANY PERSON WHO BUYS, RECEIVES, PLANTS OR USES THE SEED (COLLECTIVELY THE “RECIPIENT”) ACKNOWLEDGES THAT SAKATA EXCLUDES ANY WARRANTY AS TO COMPLETE FREEDOM FROM THE PRESENCE OF ANY GENETICALLY MODIFIED ORGANISMS. By accepting the seed, opening the seed container, retaining, planting and/or using the seed, Recipient agrees that Sakata’s liability and Recipient’s exclusive remedy for any breach of warranty claim or any claim based on any other or different legal theory, SHALL BE LIMITED, IN ALL EVENTS, TO A RETURN OF THE PURCHASE PRICE OF THE SEED, AND IN NO EVENT SHALL SAKATA 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. Any illustration on the container label represents only the kind of crop. Variety may differ from the illustration in color, shape, and size. Unless accepted on the foregoing terms, Recipient shall return the seed in the original unopened container within 15 days of purchase for a refund of the purchase price.
NOTICE OF ARBITRATION / MEDIATION / CONCILIATION REQUIRED BY SEVERAL STATES
Under the seed laws of several states, arbitration, mediation or conciliation is required as a prerequisite to maintaining legal actions, counterclaims, or defenses against a seller of seed, based upon the failure of seed to which this notice is attached to produce as represented. States requiring this type of dispute resolution procedure include, but may not be limited to, Arkansas, California, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Mississippi, Montana, South Carolina, Texas and Washington. The grower/consumer must file a complaint (sworn for AR, FL, ID, IN, MS, MT, SC, TX, WA) (verified for in CO, IL) (signed only for CA, GA), along with the required filing fee (where applicable) and any other required verification or documentation (MS-recognized professional verification required of causal connection) with the Commissioner/Director/Secretary of Agriculture (CA, CO, FL, GA, ID, IL, IN, MS, MT, SC, TX, WA) or State Plant Board (AR), Seed Commissioner or Chief Agricultural Officer. The complaint must be filed within such time as to permit inspection of the crops or plants by the state’s designated agency and Sakata, or within the period required by state law. A copy of the complaint shall be sent to Sakata by certified or registered mail or as otherwise provided by law. For specific information about these requirements for seed claims, including filing procedures, time limitations, and fees, contact the Department of Agriculture in your state.
NOTICE OF VOLUNTARY SEED CLAIM PROCEDURE IN SEVERAL STATES
States in which arbitration is provided but not required include, but may not be limited to, Alabama, Minnesota, North Carolina, North Dakota, and South Dakota. To utilize this procedure, a grower/consumer of seed must file a complaint (sworn for AL, MN, NC) (signed for SD) (written petition for ND) along with the required filing fee (where applicable) with the Commissioner/Secretary of Agriculture. The complaint must be filed promptly, but at least within such time as to permit inspection of the crops, plants or trees in the field and under field conditions. Failure to follow this procedure in North Carolina will limit the amount of damages you may be able to recover in a legal action. For specific information about these requirements for seed claims, including filing procedures, time limitations, and fees, contact the Department of Agriculture in your state.
IMPORTANT NOTICE: USE RESTRICTION
The seed in this container is proprietary to or licensed to Sakata Seed America, Inc. (“Sakata”). Sakata grants to any person who buys, receives, plants or uses the seed (collectively the “Recipient”), a limited, non-exclusive, non-transferable right to use the product licensed hereunder for the sole purpose of production of a single crop. Recipient agrees that Recipient is not acquiring any rights to use the seed for purposes other than production of a single crop. Recipient shall not reproduce the seed or transfer the seed, nor subject the seed or any plants produced therefrom (e.g., pollen or any other plant part) to any breeding, sexual or asexual propagation, biotechnology process, or any genetic manipulation technique, including (but not limited to) tissue culture, genetic fingerprinting or transformation techniques. Export of the seed and the crop produced therefrom for planting, breeding, sexual or asexual propagation, and/or biotechnology purposes is prohibited. Unless accepted on these terms, Recipient shall return the seed in the original unopened container within 15 days of purchase for a purchase price refund.
THIRD PARTY HANDLING
Sakata takes no responsibility and makes no warranty for Third-Party Handling treatment, pelleting, priming, grading, packaging or any processing done to the Seed by anyone other than Sakata.
IMPORTANT NOTICE for Seed of Melon and Watermelon: BACTERIAL FRUIT BLOTCH (BFB)
Bacterial fruit blotch (BFB) is caused by the bacterium Acidovorax avenae subsp. citrulii (Aac). Seed of this seed lot or a preceding lot was tested for BFB using NSHS approved laboratory and/or greenhouse test methods. No evidence of seed-borne BFB was detected or observed. A Negative result does NOT guarantee the seed lot is free from BFB.
WARNING: BFB can be spread in the field or greenhouse through a variety of sources including contaminated seed, infected plants, farm equipment, or naturally spread from alternate hosts such as wild cucurbits. BFB can damage and destroy a crop. Buyer further warrants and represents that the purchase of watermelon seeds is made with full knowledge of the risk that such seeds may carry BFB. Buyer hereby expressly waives any damage claim with respect to BFB of watermelon.