Limitation of warranty and liability – DuPont Authentication Velpar H - 64953 User Manual

Page 27

For product information call: 1-888-6-DUPONT

Internet address: http://cropprotection.dupont.com/

LIMITATION OF

WARRANTY AND LIABILITY

NOTICE: Read This Limitation Of Warranty And
Liability Before Buying Or Using This Product. If The
Terms Are Not Acceptable, Return The Product At Once,
Unopened, And The Purchase Price Will Be Refunded.
It is impossible to eliminate all risks associated with the
use of this product. Such risks arise from weather
conditions, soil factors, off target movement, unconven-
tional farming techniques, presence of other materials,
the manner of use or application, or other unknown
factors, all of which are beyond the control of DuPont.
These risks can cause: ineffectiveness of the product,
crop injury, or injury to non-target crops or plants.
DuPont does not agree to be an insurer of these risks.
WHEN YOU BUY OR USE THIS PRODUCT, YOU
AGREE TO ACCEPT THESE RISKS.
DuPont warrants that this product conforms to the
chemical description on the label thereof and is
reasonably fit for the purpose stated in the Directions for
Use, subject to the inherent risks described above, when
used in accordance with the Directions for Use under
normal conditions.
DUPONT MAKES NO OTHER EXPRESS OR
IMPLIED WARRANTY OF FITNESS OR OF
MERCHANTABILITY OR ANY OTHER EXPRESS
OR IMPLIED WARRANTY.
TO THE FULLEST EXTENT PERMITTED BY LAW,
IN NO EVENT SHALL DUPONT OR SELLER BE
LIABLE FOR ANY INCIDENTAL,
CONSEQUENTIAL OR SPECIAL DAMAGES
RESULTING FROM THE USE OR HANDLING OF
THIS PRODUCT. BUYER’S OR USER’S
BARGAINED-FOR EXPECTATION IS CROP
PROTECTION. THE EXCLUSIVE REMEDY OF THE
USER OR BUYER AND THE EXCLUSIVE
LIABILITY OF DUPONT OR SELLER, FOR ANY
AND ALL CLAIMS, LOSSES, INJURIES OR
DAMAGES (INCLUDING CLAIMS BASED ON
BREACH OF WARRANTY OR CONTRACT,
NEGLIGENCE, TORT OR STRICT LIABILITY),
WHETHER FROM FAILURE TO PERFORM OR
INJURY TO CROPS OR OTHER PLANTS, AND
RESULTING FROM THE USE OR HANDLING OF
THIS PRODUCT, SHALL BE THE RETURN OF THE
PURCHASE PRICE OF THE PRODUCT, OR AT THE
ELECTION OF DUPONT OR SELLER, THE
REPLACEMENT OF THE PRODUCT.
DuPont or its Ag Retailer must have prompt notice of
any claim so that an immediate inspection of buyer’s or
user’s growing crops can be made. Buyer and all users
shall promptly notify DuPont or a DuPont Ag Retailer of
any claims, whether based on contract, negligence, strict
Liability, other tort or otherwise or be barred from any
remedy.
This Limitation of Warranty and Liability may not be
amended by any oral or written agreement.