LIMITATION and DISCLAIMER of WARRANTY

Agrinova Co. warrants that the seed it sells conforms to the label descriptions and as described in the catalog within recognized tolerances. IT MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PURPOSE, OR OTHERWISE AND IN ANY EVENT, ITS LIABILITY FOR BREACH OF ANY WARRANTY OR CONTRACT WITH RESPECT TO SUCH SEEDS AND/OR ACCESSORIES IS LIMITED TO THE PURCHASE PRICE OF SUCH SEEDS AND/OR ACCESSORIES. Under no circumstances shall Agrinova Co. be liable for any incidental or consequential damages, nor for amounts expended in using or growing such seed, nor for harvesting the produce of such seed. AGRINOVA CO. FURTHER LIMITS TO SUCH PURCHASE PRICE ITS LIABILITY OF ANY KIND ON ACCOUNT OF ANY NEGLIGENCE WHATSOEVER ON ITS PART WITH RESPECT TO SUCH SEEDS AND/OR ACCESSORIES.

Acceptance of seeds upon delivery shall constitute acceptance of these terms, conditions, and warranties.

In the event of resale by the purchaser, Agrinova Co. does not assume any warranties expressed or implied by the purchaser or liability for any negligence on the part of the purchaser.

These warranties and limitations of liability of Agrinova Co. may not be altered or amended except by an instrument in writing signed by Agrinova Co.

Any claims and problems due to defects or any other factors which result from the use of seeds and/or accessories purchased from Agrinova Co. must be presented to Agrinova Co. main office within 10 days from the discovery of the problem. Agrinova Co. will not assume any responsibility after the above-mentioned 10-day period.

Any claim against Agrinova Co. is subject to mandatory nonbinding arbitration, as described by the American Arbitration Association. By acceptance of the seeds and/or accessories, the buyer acknowledges that the limitations and disclaimers herein described are conditions of sale and that they constitute the entire agreement between the parties regarding arbitration, warranty, remedy, or any other liability.

Any dispute not subject to arbitration and any action to enforce an arbitration award arising from the sale hereunder shall be brought forth and litigated in a court located in Miami-Dade County, Florida, U.S.A., to the exclusion of the courts of any other county, state, or country.

NOTICE TO PURCHASER REGARDING ILLUSTRATIONS: The illustrations appearing in Agrinova Co. catalogs and any other Agrinova Co. publication or label are only representative and may differ from the actual product.

NOTICE TO PURCHASER REGARDING DISEASES: Agrinova Co. makes no representation regarding the freedom of seed-borne disease and disclaims any liability relating to such disease whether it has been previously known to exist or has yet to be identified until this seed is grown.

TERMS and CONDITIONS

PRICES: Prices and availability are subject to change without notice. All sales are in US Dollars.

PAYMENT: All customers without credit accounts must pay orders in advance. Payment methods accepted are as follows: check, money order, wire transfer, or credit card.

CREDIT CARD: For your convenience, we accept VISA, MasterCard, AMEX, or Discover. We also accept PayPal.

TERMS: All vegetable, flower, and turf grass seed orders in the sum amount of $2500.00 or less must be paid in advance; no exceptions. First-time customers must pay in advance as well. After the first order has taken place, new customers are welcome to apply for a credit account that includes a term of Net 30 Days. All past-due invoices are subject to a finance charge of 1.5% monthly and/or 18% yearly. A minimum of $25.00 finance charge will be applied for those past-due invoices.

SHIPPING and HANDLING: We will always offer our customers the best choice in value and time during the shipping process. All shipping is FOB our warehouse. Shipping and handling costs are included on invoices and are subject to a finance charge if the invoice is past due.

RETURNS: Agrinova Co. has no control over the handling and care of the seeds once they have departed from our warehouse. In order to ensure quality seeds for all our customers, we will not accept any seed returns, except in situations where errors have occurred in processing your order. In the event of an error, contact our office within 15 days of receipt of the merchandise to obtain approval for return. Returns without prior approval are subject to a 10% restocking fee. Credit will only be issued for seeds returned in their original unopened package. Credit will only apply to the original seed purchase value in the form of merchandise exchange or credit to the account. No money will be refunded.

EXPORT ONLY: Agrinova Co. does not sell domestically. This catalog and all other publications are for export customers only.