All orders are cash unless other terms have been previously approved. If credit terms have been established, order will be invoiced as NET 30 from the date of invoice. A 2% monthly (24% annually) finance charge will be added to unpaid balance. A minimum service charge of $5.00 will be charged on all past due accounts. Purchaser agrees, in the event of default, to pay all collection costs incurred by seller, including court costs and attorney fees. The charge for a returned check is $25.00
All bookings made on or before October 1 for delivery in the next calendar year will receive a 5% discount on bulk seeds.
Return of Merchandise
Complaints must be made to us within 10 days after receipt of the merchandise. Do not return any merchandise without prior permission from us. There will be no credit for seed returned without explicit approval. Invoice numbers should accompany the seed. Seed should be returned in the original condition within 30 days of the ship date. If seed is returned within 31 to 60 days a 15% restocking charge will be assessed. No credit or replacement after 61 days.
Prices, terms, and conditions may change WITHOUT NOTICE
EXCLUSION OF WARRANTY AND LIMITATION OF DAMAGES AND REMEDY
PLEASE NOTE: Mountain Valley Seed, Inc. warrants that the seed we sell conforms to the label description as required by State and Federal seed laws. Neither Mountain Valley Seed, Inc. nor the seller hereof (if other than Mountain Valley Seed, Inc.) MAKES ANY OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONTENTS HEREOF, WHETHER AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER.
All Claims, including claims for alleged defective seed must be made within thirty (30) days after Buyer learns of the facts upon which such claim is based. All claims not made in writing and received by Mountain Valley Seed, Inc. within the time period specified above shall be deemed waived.
THE LIABILITY OF MOUNTAIN VALLEY SEED, INC. AND THE SELLER HEREOF FOR ANY AND ALL LOSSES AND DAMAGES TO BUYER RESULTING FROM ANY CAUSE WHATSOEVER INCLUDING NEGLIGENCE, BREACH OF CONTRACT, BREACH OF WARRANTY, OR ALLEGED DEFECTIVE SEEDS, IRRESPECTIVE OF WHETHER SUCH DEFECTS ARE DISCOVERABLE OR LATENT, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PARTICULAR SEEDS WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED. IN NO EVENT SHALL MOUNTAIN VALLEY SEED, INC. OR THE SELLER BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS.
IT IS EXPRESSLY AGREED THAT THE REMEDY PROVIDED ABOVE SHALL BE TO THE EXCLUSION OF ALL OTHERS.
Should fulfillment of any order or contract be prevented or delayed by an act of God, war, blockade, revolution, government action to restrict energy or any other essential to the growing and harvesting of the crops, prohibition of exports or imports, riots, strikes, lockouts, fires and/or detention at sea or any other contingency beyond our control, we shall not be held responsible for any loss and/or damages thereby.
IF YOU DO NOT WISH TO ACCEPT THESE PRODUCTS UNDER THESE TERMS, PLEASE RETURN IMMEDIATELY FOR A FULL REFUND.
Varietal information in Mountain Valley Seed, Inc. publications is based on trial information and/or photographs. It may not be representative of results in other locations. It is intended as a guide only. Actual results in your area may vary.