Terms and
Conditions
IMPORTANT
NOTICE: Read the entire Terms and
Conditions, including the Risks of Using this Product, Limited Warranty and
Disclaimer of Warranties, and Limitation of Liability before buying and using
this product. If you do not understand any of the Terms and Conditions, consult
an attorney. If
the Terms and Conditions are not acceptable THEN DO NOT USE THE PRODUCT;
rather, return the unopened product within 15 days of purchase for a refund of
the purchase price.
By
purchasing or using this product, you are acknowledging that these Terms and
Conditions are part of the terms of sale and you are
agreeing to the terms, conditions, risks, limited warranty, disclaimers, and
limitations. You further acknowledge and agree that the price of the product
reflects all the Terms and Conditions, including the Allocation of Risk,
Limited Warranty and Disclaimer of Warranties, and Limitation of Liability and
that without their inclusion, in whole or in part, the price of the product
would be substantially higher. Given the inherent risks in farming, buyer and user acknowledge and agree that these terms and
conditions are a fair allocation of risk.
By buying
and using this product, the buyer and user accept the following Risks, Limited Warranty,
Disclaimers, and Limitations which may not be modified by any oral or written
agreement except as set forth in a writing signed by an authorized
representative of Valent BioSciences:
RISKS
OF USING THIS PRODUCT (Allocation of
Risk)
The buyer
and user (referred to collectively herein as "Buyer") of this product
should be aware that there may be risks associated with the use of this product
which are impossible to eliminate. These risks include, but are not limited to,
injury to plants and crops to which this product is applied, lack of control of
target pests or weeds, resistance of target pest or weeds to this product,
injury caused by drift, and injury to rotational crops caused by carryover in
the soil. Such risks of crop injury, non-performance, resistance or other
consequences may result because of such factors, including but not limited to,
weather, soil conditions, disease, moisture conditions, irrigation practices,
condition of the crop at the time of application, presence of other materials
either applied with this product or prior to application of this product,
cultural practices, or the manner of use or application, or a combination of
such factors, all of which are factors beyond the control of Valent BioSciences.
The Buyer should be aware that these risks may reduce the harvested yield of
the crop in all or a portion of the treated acreage, or otherwise affect the
crop such that additional care, treatment and expense
are required to take the crop to harvest. If the Buyer chooses not to accept
these risks, THEN THIS PRODUCT SHOULD NOT BE APPLIED, and the unopened product
should be returned for a refund. By applying this product Buyer acknowledges
and accepts these risks AND TO THE FULLEST EXTENT ALLOWED BY LAW, AGREES THAT
ALL SUCH RISKS ASSOCIATED WITH THE APPLICATION AND USE ARE ASSUMED BY THE BUYER.
Valent BioSciences
shall not be responsible for any losses or damages (including, but not limited
to, loss of yield, increased expenses of farming the crop or such incidental, consequential or special damages that may be claimed)
resulting from use of this product in any manner not set forth on the label. Buyer assumes all risks associated with the use of this
product in any manner or under conditions not specifically directed or approved
on the label.
LIMITED
WARRANTY AND DISCLAIMER OF WARRANTIES
Valent BioSciences’ sole and exclusive warranty is that this
product conforms to the chemical description on the label. To the extent
consistent with applicable law AND AS SET FORTH ABOVE, VALENT BIOSCIENCES
MAKE NO OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED. VALENT BIOSCIENCES
EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION
OF LIABILITY
To the
fullest extent allowed by law, Valent BioSciences shall be liable for any
incidental, consequential, indirect or special damages
resulting from the use or handling of this product. The limitation includes,
but is not limited to, loss of yield on all or any portion of the treated
acreage, increased care, treatment or other expenses
required to take the crop to harvest, increased finance charges or altered
finance ratings, emotional or mental distress and/or exemplary damages. TO THE
FULLEST EXTENT ALLOWED BY LAW, THE SOLE AND EXCLUSIVE REMEDY OF THE BUYER, AND
THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF VALENT BIOSCIENCES FOR ANY AND ALL
CLAIMS, LOSSES, INJURIES OR DAMAGES (INCLUDING CLAIMS BASED ON BREACH OF
WARRANTY, CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE) RESULTING
FROM THE PURCHASE, USE, OR HANDLING OF THIS PRODUCT SHALL BE THE REPLACEMENT OF
THE PRODUCT OR, AT THE ELECTION OF BUYER, THE RETURN OF THE PURCHASE PRICE OF
THIS PRODUCT.
PROMPT
NOTICE OF CLAIM
Valent
BioSciences must be provided with prompt notice of any claim so that a timely inspection
of the affected property and/or plants can be made. To the extent applicable
law allows such requirement, notice of a claim shall
be given promptly to Valent BioSciences, whether the claim is based on breach
of warranty, contract, negligence, tort, strict liability or otherwise. Failure
to provide prompt notice will constitute a waiver, and after such time all
claims against Valent BioSciences and Buyer will be barred.