Terms & Conditions
NOTICE: Read this entire Limitation of Warranty and Liability before buying or using VoloAgri Group, Inc. (VoloAgri) brand seeds. If the terms are not acceptable, do not buy or use VoloAgri brand seeds. If you do not agree to be bound by the terms of this agreement, return any VoloAgri brand seeds in your possession and VoloAgri will refund your purchase price. By using this seed you are acknowledging that the Limitation of Warranty and Liability is part of the terms of sale and constitutes the entire agreement between you and VoloAgri. If you do not understand any of the terms of this Limitation of Warranty and Liability, consult an attorney.
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
VoloAgri, hereby states, as its sole and exclusive warranty that VoloAgri brand seeds conform to label descriptions that are required by State and Federal law. VoloAgri 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
VoloAgri MAKES NO OTHER EXPRESS WARRANTY.
VoloAgri 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 VoloAgri BRAND SEEDS ARE SOLD AS IS.
BUYER’S AND USER’S EXCLUSIVE REMEDY AND VoloAgri’s SOLE LIABILITY FOR LOSS OR DAMAGE ARISING FROM PURCHASE OR USE OF VoloAgri BRAND 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 VoloAgri WHETHER THE LEGAL THEORY FORMING THE BASIS OF SUCH CLAIM INVOLVES CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
Buyer and User agree that if VoloAgri refunds an amount equal to the price Buyer or User paid for VoloAgri brand seeds, this limitation of liability will not have failed of its essential purpose.
Disclaimer of Warranty and Limitation of Liability for Technical Advice
VoloAgri 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 VoloAgri seed is a purchase of goods and not a purchase of technical advice or other services and that any technical advice byVoloAgri in reference to the use of VoloAgri seed is given free of charge. VoloAgri 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 VoloAgri SEED. VoloAgri DOES NOT WARRANT THE ACCURACY OF ANY TECHNICAL ADVICE BY VoloAgri 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.
Prompt Notice of Claim
VoloAgri must have prompt notice of any claim arising from the use of VoloAgri brand seeds so that an immediate inspection of the allegedly affected seed and/or crop can be made. Buyer or User shall notify VoloAgri 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 VoloAgri did not receive notice within 30 days shall be barred.
Statute of Limitation
Any action against VoloAgri 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.
This Limitation of Warranty and Liability is the entire agreement between VoloAgri 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.
This Limitation of Warranty and Liability may not be altered or amended in any way except in writing by an officer of VoloAgri.
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.
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.
Notice of Binding Arbitration:
In addition to the mandatory arbitration required by several states, Buyer agrees that any private civil action brought by Buyer or User against VoloAgri shall be submitted to binding arbitration under the Commercial Rules of the American Arbitration Association, said arbitration to be venued in San Francisco, California.
ISF Trading Rules and Arbitration Rules shall govern all International Sales.
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 VoloAgri brand seeds or the produce of such seed. Buyer further agrees that if Buyer fails to provide such notice, Buyer must defend VoloAgri, 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.
BOXED NOTICE FOR USE ON SALES LITERATURE
Notice: Read the Limitation of Warranty and Liability found in the VoloAgri Catalog and on VoloAgri seed bags before buying or using VoloAgri seeds.
The full Limitation of Warranty and Liability can be found at www. voloagri.com