DISCLAIMER AND LIMITATION OF LIABILITY
California Seed & Plant Lab’s (“CSPL”) services are conditioned upon the client accepting the following terms and conditions. By signing below, the client acknowledges that it has been informed of and agrees to be bound by these terms and conditions which shall apply to all services performed by CSPL.
Payment for services provided by CSPL is due upon receipt of the invoice. Service charges of 1.5% per month will be applied to invoice statements over 30 days past due. Fees for services are subject to change without notice.
Any analysis performed by CSPL upon seed submitted to CSPL is based entirely upon the sample received. The representative nature of the sample is the responsibility of the client. CSPL warrants that the analysis performed by CSPL will be conducted according to CSPL’s laboratory protocols; however CSPL’s analysis does not represent a guarantee of seed quality, freedom from disease, or genetic quality of the lot from which the sample was taken. The client will advise CSPL of any seed treatments applied to the seed and any other facts or circumstances that may influence CSPL’s analysis. CSPL will attempt to keep confidential the client’s proprietary information and test results, except when disclosure is required by law or court order. Except as stated above, CSPL makes no representation or warranty, express or implied, for its services. CSPL and the client acknowledge this is a commercial transaction and that CSPL will not be liable to the client, or any other person, for incidental or consequential damages. The client further acknowledges that its exclusive and sole remedy for any loss as a result of any services performed by CSPL is limited to the amount paid to CSPL by the client for the services performed.
CSPL offers certain test procedures for the detection of seed borne acidovorax citrulli (BFB) in cucurbit seed. These test procedures will not guarantee that seed is free from BFB. CSPL makes no representation or warranty, express or implied, that any seed lot tested using any test procedure is free from BFB. Should the client release any seed lot in reliance upon BFB testing performed by CSPL, the client assumes all risks associated therewith and agrees to indemnify and hold harmless CSPL against any and all claims, actions, or proceedings resulting therefrom. CSPL’s general disclaimer set forth above is incorporated herein and client agrees that the exclusive and sole remedy against CSPL is for the amount paid for the test procedures.
Created 11/09/11
