Limitations of Liability
we take ever measure that we possibly can to insure our seed is of the
highest quality, it is necessary for us to require that you read,
understand, agree to the policies pertaining to the purchase of seeds
and plants. By ordering from us, you are agreeing that you have read,
understand and agree to our policies. Please note that there are
no known or inherent problems with our seeds or plants.
Exclusion of Warranties and Limitations of Damages and remedy.
We warrant that our seed and or plants conforms to the label descriptions, as
required by federal and state laws. We make no
other warranties, express or implied, of merchantability, fitness for a
particular purpose or otherwise.
New Hope Seed Company further disclaims any liability for any and all
alleged disease losses, whether the alleged infection is seed
born or secondary-caused. We make no representation regarding the seed
we sell as free from disease.
Purchasersí exclusive compensation for
loss or damage arising from purchase or use of seeds or plants from New Hope Seed
shall be limited to an amount equal to the purchase price of such seeds
There shall not be included in any amount for incidental or
consequential damages, nor for amounts expended in using or growing such
seeds or plants, nor for harvesting the produce of such seeds or plants.
This limitation of liability shall be
applicable to any claim presented to New Hope Seed Company, regardless
of the theory forming the basis of such claim and whether such theory
involves negligence, contractual liability, or otherwise.
By acceptance of the seeds and or plants, the buyer
acknowledges the disclaimers and limitations herein described are
conditions of sale and that they constitute the entire agreement between
the parties regarding warranty or any other liability.
Any claim resulting from use of our
seeds (plants have a different time frame, see below) must be presented to us by registered mail within 30 days after
any defect or other basis of such claim was discovered.
Notwithstanding the above, all claims
shall be submitted within 120 days of invoice date. Any claim made after
120 days from original invoice date shall be considered null and void.
All claims shall be submitted with the original packaging included if
Warranty of Plants
warrant plants to arrive in useable condition per instructions given
with the shipment and other instructions included in emails and on our
we do not and cannot warrant or guarantee their performance, livability or other
once they are in the customer's care. There are simply too many
variables in weather, ways and methods used to plant, grow and harvest
that can greatly affect their outcome that are beyond our control.
reserve the right to replace plants in lieu of refund if said plants are
still available. As stated we warrant the plants to arrive in useable
condition but if damaged or a loss of plants upon arrival does occur it
must be reported to us within 5 days of the shipment's arrival
(according to the United States Postal Service's tracking recorded date
of delivery) in order to be covered under said warranty. Any claims of
damaged or loss of plants made after 5 days of said delivery date will
not be under said warranty and will not be subject to replacement or
By placing an order with
us, you are accepting these terms.
It is expressly understood that any technical
advice by New Hope Seed Company in reference to the use of its seed and
or plants is
given gratis. Furthermore, New Hope Seed does not assume any
responsibility for the advice given or the results obtained.
Descriptions and Illustrations
The descriptions provided are based on our own
variety trials which are conducted here on our farm.
As growing conditions change with geographical location and from year to
year, the performance of any variety may also vary.
To determine how a particular variety will perform for you, we strongly
suggest that you start with a small trial plot.