Page 2 - 2018 Onion Product List

Terms and Conditions
Purchase and subsequent use of Crookham Company seed indicates buyer’s acceptance of the following terms. THESE TERMS AND CONDITIONS CANNOT BE MODIFIED OR AMENDED AT ANY TIME EXCEPT IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF CROOKHAM COMPANY. If the terms are unacceptable, buyer must return the unopened bag of seed immediately.
GRANT OF LICENSE:
Crookham Company grants customer a limited, non- exclusive, non-transferable right to use the genetic material for production of only plant parts which are normally intended for resale, solely as fresh market produce or for food processing purposes or for ornamental purposes. Plant parts not intended for consumption or ornamental display, such as leaves, stems, roots, flowers and any reproductive plant parts, whether mature or immature, may not be used for any other purpose. CUSTOMER SHALL NOT RE- PRODUCE OR TRANSFER SAID MATERIAL, NOR SUBJECT IT TO ANY CONVENTIONAL BREEDING OR BIOTECHNOLOGY PROCESSES, OR ANY OTH- ER GENETIC MANIPULATION TECHNIQUES, IN- CLUDING BUT NOT LIMITED TO SELF OR CROSS- POLLINATION REPRODUCTIONS, TISSUE CUL- TURE, MUTAGENESIS, GENETIC FINGERPRINTING, OR TRANSFORMATION TECHNIQUES. The seed and its genetic material are owned by Crookham Company or its licensors and is proprietary material.
LIMITED WARRANTY:
Crookham Company warrants that the seeds sold are labeled as required under state and federal seed laws and they conform to the label descriptions. Crookham Company makes no warranty, express or implied, that the seeds produced under this Contract shall be free from GMOs. COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUD- ING WITHOUT LIMITATION WARRANTIES OF MER- CHANTABILITY AND FITNESS FOR ANY PARTIC- ULAR PURPOSE. Crookham Company makes no warranty, express or implied, as to the seed germination percentage after Customer receipt and storage, yield, quality or tolerance to diseases, insects or growing conditions of the seed crop produced there from and
Crookham Company neither assumes nor authorizes any person to assume for Crookham Company any oth- er liability, and there are no oral or written agreements or warranties collateral to or affecting this agreement.
NOTICE: ARBITRATION/CONCILIATION/MEDI- ATION REQUIRED BY SEVERAL STATES Under the seed laws of several states, including Arkansas, California, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Mississippi, Montana, South Carolina, Texas, and Washington, arbitration, mediation or conciliation is required as a prerequisite to maintaining certain legal actions, counterclaims or defenses against the seller of this seed based upon the failure of the seed to which this notice is attached to produce as represented. In other states, including Alabama, North Carolina, North Dakota, and South Dakota arbitration is optional, but failure to arbitrate may result in limitation of damages (NC). A complaint shall be filed (sworn for AL, AR, FL, IN, MS, MT, NC, SC, TX, WA; verified (CO, IL); signed only (CA, GA, ID, ND, SD) along with the required filing fee (where applicable) with the Commissioner/Director/Secretary of Agricul- ture (AL, CA, CO, FL, GA, ID, IL, MT, NC, ND, SC, SD, TX, WA), State Plant Board (AR), Seed Commissioner of Chief Agricultural Officer (IN), or Commissioners of Agriculture and Commerce (MS) within ten days after discovery of the defect (AL, GA, TX), or within such time as to permit inspection of the crops, plants or trees by the designated agency and the seedsman from whom the seed was purchased (CA, FL, ID, IL, MS, MT, NC, SC, SD), or within such other time as allowed by law. A copy of the complaint shall be sent to the seller by certified or registered mail or as otherwise provided by state statute. Information about this requirement may be obtained from the appropriate State Department of Agriculture.
PAYMENT TERMS:
Payable in US Dollars. Net 30 days from date of invoice unless otherwise designated in writing. Interest charged on overdue accounts is 1.5% per month (18% per annum).
TERMS OF SALE:
EXW, Caldwell, Idaho, USA