Warranty and Conditions
PLEASE READ THIS LIVE PRODUCT WARRANTY BEFORE ORDERING OUR SEED Seed is a live product which depends on many important related grower skills such as, proper planting time, seed depth, type of soil, irrigation, proper use of fertilizers, weed controls, fungicides, insecticides, disease free soil, and reasonable weather conditions during the growing period. These factors are totally out of the seedsman's control and are the growers responsibility and risk. Our seed cannot be unconditionally guaranteed to perform properly - regardless of weather conditions or the growers methods or mistakes.
NOTICE TO BUYER - STOKES WARRANTY AND CONDITIONS OF SALE Stokes Seeds Ltd., and/or Stokes Seeds Inc., and/or Semences Stokes Ltée., and their suppliers, (herein after collectively referred to as the vendor "Stokes") warrants that the seed it sells conforms to the label description as required by Provincial and/or State and Federal Seed Laws. Stokes limits its warranty to the full amount of the purchase price of such seeds STOKES MAKES NO OTHER WARRANTIES, GUARANTEES OR CONDITIONS EXPRESS OR IMPLIED OF THE MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR OTHERWISE OF THE SEED SOLD BY IT OR THE CROPS GROWN FROM SUCH SEEDS. It is recognized that a mistake or human error can be made in the production, processing or packaging of such seed, therefore, in any event, direct or consequential on account of any negligence whatsoever - IF A BREACH OF WARRANTY, CONDITION OR CONTRACT OCCURS WITH RESPECT TO SUCH SEEDS - THAT IN NO CASE SHALL STOKES BE LIABLE FOR MORE THAN THE PRICE ACTUALLY INVOICED AND/OR PAID FOR SUCH SEEDS BY THE PURCHASER TO THE VENDOR AND/OR THE VENDOR'S AGENT. As a condition to any liability, Stokes must receive notice by registered mail of any claim that the seed is defective within 30 days after the defect in the seed became apparent. Stokes has based the prices of its seeds on this limited warranty and limited liability and these prices would be much higher if further liability coverage were required. These warranties and limitations of liability may not be altered or amended except by an instrument in writing executed by duly authorized officers of Stokes and stamped with the company seal. By acceptance of such seeds, the Purchaser of such seeds acknowledges that this limited warranty and disclaimer herein before described, are conditions of sale and that they constitute the entire agreement between the Vendor and the Purchaser regarding warranty and/or any other liability or conditions.
IF THIS LIMITED WARRANTY AND GUARANTEE IS NOT ACCEPTABLE TO THE PURCHASER AS A CONDITION OF SALE - THEN THE PURCHASER MUST NOT PLANT THE SEEDS AND MUST RETURN THE SEEDS IN THEIR ORIGINAL UNOPENED PACKAGE, and the purchase funds shall be refunded.
NOTICE: ARBITRATION / CONCILIATION / MEDIATION REQUIRED BY SEVERAL STATES Under the seed laws of several states arbitration, mediation or conciliation 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 AL, AR, CO, FL, IN, MN, MS, SC, TX, WA; signed only CA, GA, ID, MT, ND, NV, RI, SD) 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 state statute.