Terms and Conditions

LIMITATION OF WARRANTIES, LIABILITY AND REMEDIES

All disclaimers of warranties and limitations of liabilities set forth herein are void where prohibited by law.

EXCLUSIVE WARRANTY

S&W Seed Company (“S&W”)’s sole and exclusive warranty on this seed is that the seed is as described on the tag attached to the bag, subject to tolerances established by applicable law.

ALL OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED

S&W makes no other express warranty on this seed. S&W also disclaims all implied warranties, including any implied warranty of merchantability or implied warranty of fitness for a particular purpose. S&W undertakes no responsibility for crop yields and quality.

LIMITATION OF LIABILITY AND REMEDIES

The sole and exclusive remedy for any and all losses or damages resulting from the use of this seed, whether such claims are based in contract, negligence, strict liability, tort, or any other theory of recovery or remedy, shall be the return of any amounts paid for this seed. S&W SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES.

PROMPT NOTICE OF CLAIMS REQUIRED

All claims must be presented to S&W within thirty (30) days after the condition or event giving rise to the claim is discovered, or should have been discovered, or prior to the harvest of the crop, whichever comes first.

NOTICE: REQUIRED ARBITRATION & CONCILIATION.

Contact your State Seed Commission or the Department of Agriculture in your State for specific information about your states requirements for seed claims, including filing procedures, time limitations, and fees. A certified copy of the complaint must be sent by registered mail to S&W as provided in each individual State law.

USE RESTRICTIONS AND LIMITED LICENSES.

The only permissible use of the seed contained in this bag is for the production of forage or silage. Absolutely no research or breeding may be done with this material. Export of this seed or its progeny from the country of purchase is strictly prohibited, except that forage or silage may be exported solely for use in feeding. Resale or transfer of this seed is strictly prohibited.

No license is provided to produce seed or grain for planting. Resale of this seed or supply of saved seed to anyone, including the purchaser of this seed, for planting is strictly prohibited under this license.