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Conditions of Sale

CONDITIONS OF SALE PERTAINING TO WARRANTY, DISCLAIMER OF WARRANTIES, AND LIMITATION OF LIABILITY AND OF REMEDIES

Earl May Seed & Nursery L.C. ("Earl May Seed & Nursery") warrants that all seeds, bulbs, plants, materials, or other merchandise sold are as described on the label within recognized tolerances. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS. Earl May Seed & Nursery gives no warranty, express or implied, as to productiveness or purity of the product purchased or the crop produced from any seeds, bulbs, plants, materials, or other merchandise purchased. Earl May Seed & Nursery's liability, whether contractual, for negligence, for strict liability, or otherwise, is limited to the purchase price for the seeds, bulbs, plants, materials, or other merchandise under all circumstances and regardless of the nature, cause, or extent of an loss. IN NO EVENT SHALL EARL MAY SEED & NURSERY BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. No liability hereunder shall be asserted unless Purchaser or user reports to Earl May Seed & Nursery by registered mail, return receipt requested, any complaints within a reasonable period after discovery (not to exceed 30 days). Seeds, bulbs, plants, materials, or other merchandise not accepted on the basis of the foregoing conditions of sale must be returned within 30 days in the original unopened containers and the purchase price will be refunded. The foregoing conditions of sale represent the entire agreement between the parties as to warranties or an other liabilities of Earl May Seed & Nursery and the remedy therefor.