As seed distributors, Emerald Seed & Supply upholds its Oregon
and Washington seed suppliers' warranties as follows:
Notice to buyer: We warrant that seeds or bulbs sold in this
container have been labeled as required under State and Federal
Seed Laws and that they conform to the label description.
We make no other or further warranty expressed or implied.
NOTICE ARBITRATION/CONCILIATION/MEDIATION REQUIRED BY SEVERAL
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 AR, FL, IN, MS, SC TX, WA; signed
only CA, ID, ND 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.
EXCLUSION OF WARRANTIES AND LIMITATION OF DAMAGES AND REMEDY.
The labeler warrants that this seed conforms to the label description
as required by federal and state seed laws. WE MAKE NO OTHER
WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR OTHERWISE, CONCERNING THE PERFORMANCE
OF THIS SEED.LIABILITY for damages for any cause, including but
not limited to, breach of contract or breach of warranty or negligence
with respect to this sale of seed IS LIMITED TO A REFUND OF THE
PURCHASE PRICE OF THE SEED. THIS REMEDY IS EXCLUSIVE.IN
NO EVENT SHALL THE LABELER BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING LOSS OF PROFITS.
NOTICE OF REQUIRED ARBITRATION
Under the seed laws of some states, arbitration is required as
a precondition of maintaining certain legal actions, counterclaims
or defenses against a seller of seed. The buyer must file
a complaint along with the filing fee within such time as to permit
inspection of the crops, plants or trees and notify seller of
complaint by certified mail.