Disclaimer of Warranty, Exclusive Remedy and Limitation of Liability:
Seller disclaims all implied warranties including any implied warranty of merchantability and any implied warranty of fitness for a particular purpose.
PURCHASER’S AND USER’S EXCLUSIVE REMEDY AND SELLER’S SOLE LIABILITY FOR LOSS OR DAMAGE ARISING FROM PURCHASE OR USE OF SELLER’S SEEDS SHALL BE AN AMOUNT EQUAL TO THE PRICE PAID FOR THE SEEDS USED, IF ANY. Purchaser or User may not recover any amount for incidental or consequential damages, including loss of profit or yield and amounts expended in using such seeds.
This Limitation of Warranty and Liability shall be applicable to any claim presented to Seller whether the legal theory forming the basis of such claim involves contract, tort, negligence, strict liability or otherwise.
Purchaser and User agree that if Seller refunds an amount equal to the price Purchaser or User paid for Seller’s seeds, this Limitation of Warranty and Liability will not have failed of its essential purpose.