Import Notice to Buyers
Although 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 or plants we sell as free from disease.
Purchasers’ 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 or plants. 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 applicable.
Warranty of Plants
We warrant plants to arrive in useable condition per instructions given with the shipment and other instructions included in emails and on our website but we do not and cannot warrant or guarantee their performance, livability
or other specific use 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.
We 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 refund.
Warranty of plants to California:
Even though we ship our plants with an inspection stamp the California Dept. of Agriculture may hold up your package for inspection causing the potentional death of your plants. Because of this we can not guarantee your plants for refund or replacement if this hold up occurs and results in the death of your plants. If no hold up inspection occurs our normal plant guarantee stay in effect. We are regretful we have to make such a policy but we would not be in business long if we had to pay for damages that were of no vault of ours.
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.