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Foundation Seed Terms and Conditions

 

Instructions:

1. Read all information on this page.
2. Enter information into boxes at the bottom.
3. Print 2 copies of this page, sign in the signature box.
4. Keep one copy for your files.
5. Fax one copy to 530-752-8355 OR scan and Email to cwclark@ucdavis.edu


If you have questions - contact Clyde Clark at 530-383-6140.

A link back to the Foundation Seed Request form
will be provided after you click on the "Submit" box.


PHONE ORDERS MUST BE FOLLOWED BY A SIGNED ORDER FORM TO THE TERMS AND CONDITIONS STATED BELOW

PLEASE NOTE: Prices are subject to change.
Please contact Clyde Clark at 530-383-6140 for up-to-date pricing.

1.  Advance orders may not be canceled after the order deadline date, February 15th for spring crops and August 15th for fall crops.  Due to the cost and risk involved in producing seed, FSP requires any customer advance ordering to take delivery on a minimum of 50% of the amount ordered.  FSP cannot guarantee the availability of any seed order.  If seed of marketable quality is not available, FSP in its sole discretion may allow the customer to change, cancel, or reconfirm their order change deadline date.

2.  Seed orders may not be resold. With prior FSP approval, seed lots allocated and in short supply but not planted, may be returned or transferred for reallocation.  If seed shortages exist, seed will be allocated among orders according to FSP’s allocation policy.  Contact FSP for a copy.

3.  Purchaser agrees to apply for certification of fields planted with Foundation Seed supplied under this agreement.

4.  Freight arrangements and/or charges are the responsibility of the purchaser. FSP must be notified at least 24 hours in advance of picking up seed. FSP is not responsible for lost, stolen, or damaged seed once it has been loaded.

5.  Any out of state order will have additional charges (example: freight) in addition to seed costs.

6.  Warranty and Disclaimer:

Foundation seed is produced and labeled by the Foundation Seed Program in accordance with California standards for seed certification as established by the California Crop Improvement Association, the official seed certifying agency of the State of California. The Foundation Seed Program (“Seller”) is not a marketing agency; it operates under the jurisdiction of The Regents of the University of California, a public corporation, and supplies seeds solely as a service to the agricultural community.

Seller expressly warrants that the goods sold hereunder conform to the labels on their containers and to the standards for seed certification applicable at the time of sale, within recognized tolerances.  This warranty is expressly in lieu of all other warranties, expressed or implied, including any warranty of merchant ability and fitness for a particular purpose, and of any other obligations or liability on the part of the seller, including any liability for loss or damage resulting from the seller’s negligence or from damaged or defective goods. Purchaser’s remedies are limited exclusively to replacement of non-conforming goods or the purchase price thereof, whether based on an action arising in contract, warranty or tort including negligence, or otherwise. In no event shall seller be liable for incidental, special and consequential damages, whether arising out of contract, warranty, tort, including negligence, or otherwise.

Notice of non-conforming goods and request for replacement of such goods or purchase price thereof must be made in writing to seller at the University of California, Davis, with full particulars regarding the reason for determining that such goods are non-conforming; failure to give such notice within ninety (90) days after purchaser’s receipt of the goods shall forever bar any and all claims under this contract which may be made on account of such non-conformity or otherwise.  After the expiration date of said notification period, purchaser expressly assumes all liability for all loss or damage, irrespective of whether the alleged defect shall have occurred or been discovered prior to expiration of such period.  Seller will not be responsible for any loss sustained by the purchaser for defects which are initially discoverable after the seeds, rootstocks, or other similar goods have matured, nor for any latent defects in the product sold.