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Bacterial Fruit Blotch,
Gummy Stem Blight
and Other Diseases Notice/Waiver
Although we take every measure that we
possibly can to insure our seed is of the highest quality, it
is necessary for us to require that you read, understand,
agree to the policies pertaining to the purchase of watermelon
seed. By ordering seed, you are agreeing to these
policies.
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Background Information: Watermelon fruit blotch (WFB),
Acidovorax avenae subsp.
citrulli, is a serious disease that
has become a significant risk in the area of watermelon
cultivation. The pathogen causing WFB can be introduced into a
field by infested seed, infected transplants, volunteer
watermelon, mechanical means, or natural spread from alternate
hosts.
More Information:
Please note that there are
no known or inherent problems with our seed. Much of
it is WFB tested but this is an expensive and inaccurate
process and not feasible for the tiny lots we grow
ourselves or obtain from smaller growers.
This waiver process has
become industry standard and is necessary for protecting
our organization. Thank you for your understanding.
Contact us with any
questions or concerns you might have. |
Notice, waiver, and complete
release agreement, including limitation of warranty and
limitation of liability.
Victory
Seed Company (VSC)
and you, the customer, acknowledge that this sale of watermelon
seed is a commercial transaction. Therefore, as a condition of
sale of all watermelon seed by VSC,
the customer acknowledges that they
have been informed of the
risks associated with the potential presence of WFB,
Gummy Stem Blight and other diseases, and
hereby waives any right to assert any claim against
VSC, whether for breach of contract,
tort, negligence, or otherwise. The customer also releases VSC, its agents,
dealers, and suppliers from
any and all claims relating to WFB with respect to all
watermelon seed supplied by VSC. Furthermore, the customer expressly acknowledges
that his/her exclusive and sole remedy against VSC for any loss resulting from the use of the seed is
limited to the purchase price of said seed. Additionally, if
any seed is repackaged or melons sold, all remedies against
VSC will be waived, including return
of the purchase price, and VSC will
have no liability whatsoever to any other parties.
It is further agreed that in
the event of resale or transfer by the customer (purchaser) of the seed
sold hereunder, VSC offers no
warranties, express or implied, including the warranty of
merchantability or fitness for a particular purpose, regarding
the seed, and all such warranties are specifically herein
disclaimed. VSC shall not be liable
for incidental or consequential damages or crop failure
damages as a result of the use of this seed. The customer also agrees to defend, indemnify, and hold harmless VSC against any and all claims,
actions, proceedings, or other potential liabilities against
VSC of any nature whatsoever
relating to any such resale or transfer of said seed.
By ordering seed, you are stating that you (the customer) have read the above Warranty and Watermelon Fruit Blotch notice,
understand it, and agree to be bound by all of its terms. You
also acknowledge that you have had the opportunity to consult
with an attorney regarding this notice. You understand this
notice is part of this contract and a condition of sale.
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