Conditions of Sale & Limitation of Warranty

Kelly Green Seeds agrees to sell and Purchaser agrees to buy the product contained herein. Kelly Green Seeds and Purchaser 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.

Kelly Green Seeds does hereby warrant that the description and analysis of the contents of this bag shown on the tag attached hereto accurately reflect the test results, as obtained by Kelly Green Seeds 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 Kelly Green Seeds 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 KELLY GREEN SEEDS 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.

Kelly Green Seeds specifically disclaims any warranties, statements, or representations, express or implied, as to yield quality or tolerance/resistance to diseases or insects. It is agreed that Purchaser’s sole measure of damage in any action against Kelly Green Seeds concerning this product will be the price Purchaser paid for the product. In no instance will Kelly Green Seeds 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 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 Kelly Green Seeds or notify Kelly Green Seeds directly at its office in Hereford, Texas, as to the damages claimed.

It is agreed that Kelly Green Seeds’ 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 Kelly Green Seeds tag.

No statement, remark, agreement, representation, promise or understanding, oral or written, by Kelly Green Seeds or any agent, representative, or employee thereof, which is not contained herein will be recognized or binding upon Kelly Green Seeds. Purchaser agrees that Kelly Green Seeds 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 provision of this “Conditions 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 PARTIES. SEEDS NOT ACCEPTED ON THE BASIS OF THE FOREGOING CONDITIONS OF SALE MUST BE RETURNED WITHIN TEN (10) DAYS IN ORIGINAL UNOPENED CONTAINERS AND THE PURCHASE PRICE WILL BE REFUNDED.