Limitations on Warranty, Damages and Remedies

Seed and crop performance depends upon many conditions beyond the control of Golden Acres Genetics, Ltd. ("GOLDEN ACRES") or DEALER.  The following warranties, and disclaimers and limitations as to warranties, damages and remedies are (except void where prohibited by law) terms and conditions of sale for this seed and CANNOT BE MODIFIED OR AMENDED AT ANY TIME EXCEPT BY IN WRITING SPECIFICALLY AGREEING TO DO SO.  Purchaser so acknowledges by acceptance of the seed.

THE FOLLOWING PROVISIONS ARE PART OF THE SALE OF THIS PRODUCT:  One or more of the parental lines used in producing this product are the exclusive property of or under license to Golden Acres Genetics, Ltd.  Buyer intends to purchase and seller intends to sell only seed.  Buyer agrees that purchase of this bag of seed does not give any rights to use any parental line seed which may be found herein, or any plant, pollen or seed produced from such parental line seed, for breeding, research, or seed production purpose other than production of forage or grain for feeding or processing.

Golden Acres Genetics warrants that its 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.  LIABILITY for damages for any cause, including breach of contract, breach of warranty and negligence, with respect to the sell of seeds is LIMITED TO A REFUND OF THE PURCHASE PRICE OF THE SEEDS.  THIS REMEDY IS EXCLUSIVE.  IN NO EVENT SHALL GOLDEN ACRES GENETICS BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS.  Purchaser shall inform DEALER and GOLDEN ACRES in writing immediately (and no more than 30 days) after any claim against DEALER of GOLDEN ACRES first becomes apparent, and shall cooperate fully in GOLDEN ACRES or DEALER's investigation of such claim.