Terms of Sale

NOTICE: Be sure to read APOLLO SEEDS USA INC (APOLLO SEEDS) Limitation of Warranty and Liability before buying or using APOLLO SEEDS seeds.

By opening the container you are acknowledging that the Limitation of Warranty and Liability is part of the terms of transfer and constitutes an enforceable agreement between the parties. If you do not agree to the terms of the entire Limitation of Warranty and Liability, return any unopened containers within ten days of purchase or transfer to APOLLO SEEDS

Allocation of Risks and Exclusive Express Warranty

APOLLO SEEDS makes no representation that its seeds are free of seed borne diseases whether previously known to exist or not identified until this seed is grown. All risks of nonperformance, reduced performance and/or crop damage due to these factors or failure to germinate and/or reduction of yield as a result of environmental and agronomical factors shall be assumed by the Purchaser and User. This allocation of risks is reflected in the price of the seed. Product representations, including photographs, on APOLLO SEEDS labels, packaging, advertising, technical publications, and web sites represent kind only. A variety may differ from the representation in color, shape and size.

Disclaimer of Warranty, Exclusive Remedy and Limitation of Liability

APOLLO SEEDS disclaims all implied warranties including any implied warranty of merchantability and any implied warranty of fitness for a particular purpose. PURCHASER'S AND USER'S EXCLUSIVE REMEDY AND APOLLO SEEDS SOLE LIABILITY FOR LOSS OR DAMAGE ARISING FROM PURCHASE OR USE OF APOLLO SEEDS SHALL BE AN AMOUNT EQUAL TO THE PRICE PAID FOR THE SEEDS USED, IF ANY. Purchaser or User may not recover any amount for incidental or consequential damages, including loss of profit, loss of yield and amounts expended in using such seeds. This limitation of liability shall be applicable to any claim presented to APOLLO SEEDS whether the legal theory forming the basis of such claim involves contract, tort, negligence, strict liability or otherwise. Purchaser and User agree that if APOLLO SEEDS refunds an amount equal to the price Purchaser or User paid for APOLLO SEEDS , this limitation of liability will not have failed of its essential purpose.

Prompt Notice of Claim

APOLLO SEEDS must have prompt notice of any claim arising from the use of APOLLO SEEDSseed so that an immediate inspection of the allegedly affected seed and/or crop can be made. Purchaser or User shall notify APOLLO SEEDS immediately, but in no case later than 30 days after any defect or other basis of such claim is discovered or should have been discovered. Any claims made for which APOLLO SEEDS did not receive notice within 30 days shall be barred.

Statute of Limitation

Any action against APOLLO SEEDS for breach of contract and any claim for breach of warranties must be commenced within one year after the cause of action accrues. After such time all actions shall be barred.

Severability

If any portion herein is found to be unenforceable by a court of competent jurisdiction, all remaining portions herein remain in effect and fully enforceable.

No Amendment

Purchaser and User agree that the APOLLO SEEDS Limitation of Warranty and Liability is the entire agreement between APOLLO SEEDS and Purchaser or User regarding APOLLO SEEDS OS Liability and Warranties for APOLLO SEEDS seeds. This Limitation of Warranty and Liability may not be altered or amended in any way except in writing by an officer of APOLLO SEEDS.

Arbitration

All reasonable efforts will be made to resolve any possible conflict through arbitration.

International sales

ISF rules and regulations are applicable

Venue

Any action or proceeding commenced with regard to the seed or to recover the purchase price shall be commenced in the County of Santa Clara, State of California, or if Purchaser or user is not a California resident, then in the U.S. District Court, Northern California.

Apollo Seeds USA, Inc.

16495 Vineyard Boulevard
Morgan Hill, CA 95037 USA