PRODUCT CONDITIONS OF SALE
BEFORE OPENING AND USING ANY OF OUR PRODUCTS, PLEASE READ THE FOLLOWING CONDITIONS OF SALE, DISCLAIMER, LIMITED WARRANTY, EXCLUSIVE REMEDY AND LIMITATION OF LIABILITY.
Conditions of Sale. FBSCIENCES, INC. (THE “COMPANY”) AND THE SELLER OFFER THE COMPANY PRODUCTS, AND THE PURCHASER AND USER ACCEPT THEM, SUBJECT TO THE FOREGOING TERMS AND CONDITIONS. IF THE FOLLOWING TERMS AND CONDITIONS ARE NOT ACCEPTABLE, PLEASE RETURN THE PRODUCT, UNOPENED, DIRECTLY TO THE SELLER AND THE FULL PURCHASE PRICE WILL BE REFUNDED.
Disclaimer. The directions on each of our product labels are believed to be reliable and should be followed carefully. Failure of any response by, or injury to, the crop to which the product is applied may result from the occurrence of extraordinary or unusual weather or environmental conditions or the failure to follow the label directions or good application practices, all of which are beyond the control of the Company, or seller. In addition, failure to follow label directions may cause injury to crops, animals, humans or the environment.
Limited Warranty. The Company warrants that this product conforms to the chemical description or guaranteed analysis on the label and is reasonably fit for the purpose referred to in the directions for use subject to the factors above matters which are beyond the control of the Company. The Company makes no other warranties or representations of any kind whatsoever, whether express or implied, concerning the product including without limitation any implied warranty of merchantability or fitness for any particular purpose, and no such warranties shall be implied by law.
Exclusive Remedy. The exclusive remedy against the Company for any cause of action relating to the handling or use of this product shall be limited, at the Company’s election in its sole and absolute discretion, to one of the following:
- refund of the product purchase price paid by purchaser or user, or
- replacement of the product used.
Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY USE OR APPLICATION OF ANY OF ITS PRODUCTS, AND THE COMPANY SHALL NOT BE LIABLE TO ANY PURCHASER OR USER FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE LOSSES, DAMAGES OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, LOST REVENUE OR PROFITS), HOWEVER CAUSED AND REGARDLESS OF WHETHER SUCH PURCHASER OR USER HAS KNOWLEDGE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, EACH OF PURCHASER AND USER ASSUME ANY RISK OR LIABILITY RESULTING FROM THE HANDLING, STORAGE OR USE OF ANY OF OUR PRODUCTS OR MATERIALS.