In lieu of all other warranties, expressed or implied (including any implied warranty of merchantability or fitness for a particular purpose) and all other obligations or liabilities, we warrant to the extent of the purchase price, that the seeds which we sell are as described by us on our container, within recognized tolerances. Our liability, whether contractual, for negligence or otherwise, is limited in amount to the purchase price of the seeds under all circumstances and regardless of the nature, cause or extent of the loss, and as a condition to any liability on our part, we must receive notice by registered mail for any claim that the seeds are defective within 30 days after the defect of the seeds become apparent. Seeds not accepted under these terms and conditions must be returned at once in their original unopened containers and the purchase price will be refunded. Notwithstanding the above, all claims shall be submitted within 120 days of invoice date. All claims shall be submitted with the original packaging. By ordering such seeds, the purchaser acknowledges this limited warranty.
In no event shall Cotton Acres be liable for the crop or lack thereof, or for any loss due to negligence, or the failure, impairment, or quality of the crop or varietal variance therein, whether such loss results from the breach of the foregoing warranty, from breach of any other provision of the buyer’s contract for the purchase of said seeds or other merchandise, or from any other cause.
Cotton Acres makes no other warranty either express or implied as to fitness for a particular purpose of seed or other merchandise sold.