Warranty and Conditions of Sale

CONDITION OF SALE AND LIMITATION OF WARRANTY AND LIABILITY

Read the entire Directions for Use and Conditions of Sale and Limitation of Warranty and Liability before buying or using this Product.  The Directions for Use must be followed carefully.  However, it is impossible to eliminate all risks inherently associated with the use of this Product, including but not limited to risks that may arise from weather conditions, soil factors, unconventional farming techniques, the presence of other materials, the manner of use or application, incompatible products, or other influencing factors all of which are beyond the control of Plant Response, Inc. and can cause crop injury, injury to non-target crops, plants, or soil, ineffectiveness of the product, or other unintended consequences. All such risks shall be assumed by the user and buyer.  Plant Response, Inc. warrants that this Product conforms to the chemical description and specifications on the label and is reasonably fit for the purposes stated in the Directions for Use, when used in accordance with the Directions for Use under normal conditions, subject to the inherent risks referred to above.  This limited warranty does not extend to the use of this Product contrary to label instructions or under abnormal conditions or other conditions not reasonably foreseeable to or beyond the control of Plant Response, Inc. and the buyer and/or user assume the risk of any such use.

TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, Plant Response, Inc. DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, Plant Response, Inc., MANUFACTURER, AND SELLER DISCLAIM AND SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE, HANDLING, APPLICATION, STORAGE, OR DISPOSAL OF THIS PRODUCT OR FOR DAMAGES IN THE NATURE OF PENALTIES, AND THE USER AND BUYER WAIVE ANY RIGHT THAT THEY MAY HAVE TO SUCH DAMAGES. NO AGENT, REPRESENTATIVE OR EMPLOYEE OF Plant Response Inc., IS AUTHORIZED TO MAKE ANY WARRANTY, GUARANTEE OR REPRESENTATION BEYOND THOSE CONTAINED HEREIN OR TO MODIFY THE WARRANTIES AND DISCLAIMERS CONTAINED HEREIN.

TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, THE EXCLUSIVE REMEDY OF THE USER OR BUYER, AND THE TOTAL LIABILITY OF Plant Response Inc., MANUFACTURER, AND SELLER, FOR LOSSES OR DAMAGES RESULTING IN ANY WAY FROM THIS PRODUCT (INCLUDING CLAIMS BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHER LEGAL THEORIES) SHALL BE LIMITED TO THE PURCHASE PRICE PAID or THE REPLACEMENT OF THE PRODUCT.