Limitation of Warranty and Liability

NOTICE: Be sure to read the Nunhems’ Limitation of Warranty and Liability before buying or using NUNHEMS’ seeds.

By opening the container or using the seed you are acknowledging that the Limitation of Warranty and Liability is part of the terms of transfer and constitutes an enforceable agreement between the parties. If you do not agree to be bound by the terms of the entire Nunhems Limitation of Warranty and Liability, return any unopened containers of Nunhems seeds within ten (10) days of purchase or transfer, to Nunhems or to a Nunhems authorized distributor and Nunhems will refund the purchase price, if any.

Allocation of Risks and Exclusive Express Warranty:
Failure of seed to germinate and/or reduction of yield may occur as a result of multiple environmental and agronomic factors. Seeds at times carry seed borne diseases that may not be apparent to the Seller, Purchaser or User. Nunhems makes no representation that its seeds are free of seed borne diseases whether previously known to exist or not identified until this seed is grown. All risks of nonperformance, reduced performance and/or crop damage due to these factors shall be assumed by the Purchaser and User. This allocation of risks is reflected in the price of the seed. Product representations, including photographs, on Nunhems labels, packaging, advertising and technical publications, and web sites represent kind only. A variety may differ from the representation in color, shape and size. NUNHEMS USA, STATES, AS ITS SOLE AND EXCLUSIVE WARRANTY THAT WHEN SHIPPED FROM A NUNHEMS USA FACILITY, NUNHEMS USA’ SEEDS CONFORMED TO LABEL DESCRIPTIONS THAT ARE REQUIRED BY STATE AND FEDERAL LAW.

Disclaimer of Warranty, Exclusive Remedy and Limitation of Liability:
Nunhems 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 NUNHEMS’ SOLE LIABILITY FOR LOSS OR DAMAGE ARISING FROM PURCHASE OR USE OF NUNHEMS’ 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 Nunhems whether the legal theory forming the basis of such claim involves contract, tort, negligence, strict liability or otherwise.
Purchaser and User agree that if NUNHEMS refunds an amount equal to the price Purchaser or User paid for NUNHEMS’ seeds, this Limitation of Warranty and Liability will not have failed of its essential purpose.

Prompt Notice of Claim:
Nunhems must have prompt notice of any claim arising from the use of Nunhems’ seeds so that an immediate inspection of the alleged affected seed and/or crop can be made. Purchaser or User shall notify Nunhems immediately, but in no case later than thirty (30) days after any defect or other basis of such claim is discovered or should have been discovered. Any claims made for which Nunhems did not receive notice within thirty (30) days shall be barred.

Statute of Limitation:
Any action against Nunhems for breach of contract and any claim for breach of warranties must be commenced within one (1) year after the cause of action accrues. After such time all actions shall be barred.

Severability:
If any portion herein is found to be unenforceable by a court of competent jurisdiction, all remaining portions herein remain in effect and fully enforceable.

Seed Enhancements or Treatments:
Should Purchaser or User allow Nunhems’ seeds to be enhanced, treated or otherwise conditioned by anyone other than Nunhems, Nunhems DISCLAIMS ALL WARRANTIES regarding the effect of any such processes on Nunhems’ seeds.

Repackaging of Seeds:
Should Purchaser or User allow or cause Nunhems seeds to be removed from Nunhems brand packaging and be repacked into any other container(s) for enhancement, treatment, resale, or any purpose, NUNHEMS DISCLAIMS ALL WARRANTIES AND DENIES ALL LIABILITY FOR ACCURACY OF LABELING DESCRIPTIONS, SEED QUANTITY AND FOR SEED QUALITY.

Technical Advice:
Any technical advice by Nunhems concerning the use of its seeds is given without charge. Therefore, Nunhems disclaims any warranty and disclaims all liability for such advice.

Controlling Law:
This Limitation of Warranty and Liability shall be governed by and construed in accordance with the laws of the State of Idaho.

No Amendment:
Purchaser and User agree that the Nunhems’ Limitation of Warranty and Liability is the entire agreement between Nunhems and Purchaser or User regarding Nunhems’ Liability and Warranties for Nunhems’ seeds. This Limitation of Warranty and Liability may not be altered or amended in any way except in writing by an officer of Nunhems.

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. Failure to follow this procedure could limit your legal rights or limit the amount of damages you may be able to recover, depending on the law of your state.


LIMITED LICENSE AGREEMENT
NOTICE: Be sure to read this entire Limited License Agreement before buying or using Nunhems’ seeds.

THIS IS A LEGAL CONTRACT WHICH SPECIFIES THE TERMS OF THE LIMITED LICENSE AGREEMENT BETWEEN YOU, THE PURCHASER OR USER, AND NUNHEMS USA, INC. (“Nunhems”) FOR THE LIMITED USE OF NUNHEMS’ SEED. VIOLATION OF THIS LIMITED LICENSE AGREEMENT CAN RESULT IN CIVIL ACTION AGAINST YOU FOR DAMAGES RESULTING FROM THE VIOLATION.

IMPORTANT: If you, your employees or anyone acting on your behalf opens a container of Nunhems’ seed, you acknowledge that you have been given notice of this Limited License Agreement and that you agree to its terms. You may not buy or use Nunhems’ seeds unless you so agree. If you are unwilling to agree with any of the terms or conditions of this Limited License Agreement, return the seeds to Nunhems or a Nunhems’ authorized distributor within ten (10) days of purchase or transfer, unopened, and Nunhems will refund the purchase price, if any.


Intellectual Property Interest:
Nunhems and its affiliates have a proprietary interest in the seeds purchased or used as a result of patents pending or granted and/or trade secret information contained in the genetic materials of the seed. Nunhems offers this seed for sale, now and in the future, subject to the terms of this Limited License. The purchase price of this seed represents a license fee for the limited use of the intellectual property interests Nunhems has in the seed.

Under this Limited License Agreement, YOU MAY:
  1. Use Nunhems’ seed for the sole purpose of producing a crop for sale as produce.
  2. Sell or transfer Nunhems’ seed to persons for the sole purpose of producing a crop for sale as produce only if such sale or transfer is explicitly subject to the terms and limitations of this Limited License Agreement.

Under this Limited License Agreement, YOU MAY NOT:
  1. Use Nunhems’ seed, or any parental line seed which may be found herein, or any resultant plants or plant tissue wherefrom, for any breeding, research, seed production, reverse engineering, molecular or genetic analysis or engineering or any other purpose other than producing a crop for sale as produce.
  2. Sell, transfer, sublicense, give or supply Nunhems’ seed to any other person for any purpose unless such sale or transfer is explicitly subject to the terms and limitations of this Limited License Agreement.

Severability:
If any term of this Limited License Agreement is held to be unenforceable, all remaining terms of this Limited License Agreement shall remain in effect and shall be fully enforceable.

Controlling Law:
This Limited License Agreement shall be governed by and construed in accordance with the laws of the State of Idaho.


NUNHEMS USA, INC. | 1200 Anderson Corner Road, Parma, ID 83660 USA | Copyright © 2011 NUNHEMS USA, Inc. - All rights reserved
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