Watermelon Seed Waiver (Please read before purchasing our melon seeds)
Notice, waiver, and complete release agreement, including limitation of warranty and limitation of liability.
Watermelon fruit blotch (WFB), Acidovorax avenae subsp. citrulli, is a serious disease that has become a significant risk in the area of watermelon cultivation. The pathogen causing WFB can be introduced into a field by infested seed, infected transplants, volunteer watermelon, mechanical means, or natural spread from alternate hosts.
Americas Seed & Belting Company (ASBC) and Genetic Seed & Chemical (GSC) and you, the customer, acknowledge that this sale of watermelon seed is a commercial transaction. Therefore, as a condition of sale of all watermelon seed by Americas Seed & Belting Company (ASBC) and Genetic Seed & Chemical (GSC), the customer acknowledges that they have been informed of the risks associated with the potential presence of Watermelon Fruit Blotch (WFB), Gummy Stem Blight and other diseases, and hereby waives any right to assert any claim against (ASBC) or (GSC), whether for breach of contract, tort, negligence, or otherwise. The customer also releases (ASBC) or (GSC),, its agents, dealers, and suppliers from any and all claims relating to WFB with respect to all watermelon seed supplied by (ASBC) or (GSC). Furthermore, the customer expressly acknowledges that his/her exclusive and sole remedy against (ASBC) or (GSC) for any loss resulting from the use of the seed is limited to the purchase price of said seed. Additionally, if any seed is repackaged or melons sold, all remedies against (ASBC) or (GSC) will be waived, including return of the purchase price, and (ASBC) or (GSC) will have no liability whatsoever to any other parties.
It is further agreed that in the event of resale or transfer by the customer (purchaser) of the seed sold hereunder, (ASBC) or (GSC) offers no warranties, express or implied, including the warranty of merchantability or fitness for a particular purpose, regarding the seed, and all such warranties are specifically herein disclaimed. (ASBC) or (GSC) shall not be liable for incidental or consequential damages or crop failure damages as a result of the use of this seed. The customer also agrees to defend, indemnify, and hold harmless (ASBC) or (GSC) against any and all claims, actions, proceedings, or other potential liabilities against (ASBC) or (GSC) of any nature whatsoever relating to any such resale or transfer of said seed.
By ordering seed, you are stating that you (the customer) have read the above Warranty and Watermelon Fruit Blotch notice, understand it, and agree to be bound by all of its terms. You also acknowledge that you have had the opportunity to consult with an attorney regarding this notice. You understand this notice is part of this contract and a condition of sale.
Please note that there are no known or inherent problems with any of our seed. Much of it is WFB tested but this is an expensive and inaccurate process and not feasible for the tiny lots we grow ourselves or obtain from smaller growers.
This waiver process has become industry standard and is necessary for protecting our organization. Thank you for your understanding. Contact us with any questions or concerns you might have.
Although we take every measure that we possibly can to insure our seed is of the highest quality, it is necessary for us to require that you read, understand, agree to the policies pertaining to the purchase of watermelon seed. By ordering seed, you are agreeing to these policies.