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TERMS OF SALE – WARRANTY AND LIMITATION OF LIABILITY
ALL SALES ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. Unit price, unless otherwise set forth in writing shall be as set forth on the current variety Price List for the applicable season and areas. Unit price is F.O.B. Spooner Farms, Inc., Puyallup, Washington. Freight, royalty, taxes, documentation, handling fees are extra charges (“Extra Charges”). All Unit Prices are in U.S. Dollars.
The total price, including Extra Charges, shall before shipment or pick-up, be paid in full in U.S. Dollars or unless special arrangements are agreed to in writing. A non-refundable deposit of 25% of the total price shall be paid at the time the order is placed. The payment of such deposit shall not eliminate or modify the preceding requirement for price and payment in full before shipment or pick-up. The parties acknowledge and agree that the purchase and sale of the product occurred or shall occur in Puyallup, Washington and therefore the terms and conditions herein shall be construed according to the laws of the State of Washington. In the event of default of payment due, buyer agrees to pay seller all reasonable costs incurred in the collection, including attorney’s fees and court costs.
WARRANTY AND LIMITATION OF LIABILITY: Spooner Farms, Inc., warrants that the product variety as described in the invoice will be true to name, and will refund the original amount paid on any nursery stock that is proven to be untrue to name. This remedy shall be Buyers sole and exclusive remedy. BUYER, AND ANY PURCHASER FROM BUYER ACKNOWLEDGES AND AGREES THAT SELLER MAKES NO WARRANTY AS TO THE PRODUCTIVITY OR PERFORMANCE OF THE NURSERY STOCK AND BUYER, AND ANY PURCHASER FROM BUYER, FURTHER ACKNOWLEDGES AND AGREES TO ACCEPT THE ENTIRE RISK AS TO QUALITY, PERFORMANCE AND VIABILITY OF THE NURSERY STOCK AND THAT ALL ITEMS ARE SOLD “AS IS” AND WITH ALL FAULTS. All claims must be submitted in writing within 30 days of receipt of plants. THE FOREGOING WARRANTY IS AN EXCLUSIVE WARRANTY, AND SELLER HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES SUCH AS LOST PROFITS, LOSS OF USE OF PLANTS, COST OF LOST FRUIT OR INJURY TO ANY OTHER PROPERTY INCLUDING CLAIMS ARISING FROM LATENT DEFECTS IN PURCHASED ITEMS WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY SUM GREATER THAN THE ORIGINAL PURCHASE PRICE PAID. BUYER AGREES TO INDEMNIFY SPOONER FARMS, INC., FOR ANY AND ALL DAMAGES INCURRED AS A RESULT OF BUYER’S FAILURE TO PROVIDE SPOONER FARMS, INC., WITH A WRITTEN DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY EXTENDING TO ANY PURCHASERS FROM BUYER, OR AS A RESULT OF ANY UNAUTHORIZED STATEMENTS BY BUYER CONCERNING WARRANTIES OF THE PRODUCTS. Seller’s delay or non-performance hereunder shall be excused if caused by an act of God, quarantine, regulation, disease, infestation, loss or shortage of crop, fire, flood, drought, strike, or if caused by any other act, event, conditions or circumstances beyond Seller’s control. Buyer agrees to a FINANCE CHARGE OF 1½% PER MONTH on all balances past due 30 days form date of invoice. ANNUAL PERCENTAGE RATE IS 18%. PLEASE NOTE THE TERMS AND CONDITIONS IN THE TERMS OF SALE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF WASHINGTON, BUT DO NOT INCLUDE THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. What Is Not Covered By This Warranty: Nursery stock has been inspected by the State Department of Agriculture and carries a stamp that the plants have been inspected and are visibly free from injurious insects, plant diseases, viruses and/or defects. Due to conditions beyond the control of Spooner Farms including, but not limited to, soil, weather, buyer’s negligence and improper use of chemicals and fertilizers, we cannot and do not warrant or guarantee growth or fruit production.