Warranty
VanMeter Strawberry Supply LLC (“Seller”) warrants solely that, at the time of shipment or pickup, the plants supplied are true-to-type to the
represented variety, and have been visually inspected and determined to be free from visible injurious insects and plant diseases. Seller further
warrants that plants will be shipped within a reasonable time frame in consideration of the requested or agreed-upon pickup or delivery date.
Shipping and freight charges shall be the sole responsibility of the Buyer unless otherwise agreed in writing.
This limited warranty is expressly conditioned upon proper handling, storage, planting, irrigation, fertilization, and overall agronomic
management by the Buyer.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED ABOVE, SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FUTURE PERFORMANCE.
Seller does not warrant or guarantee:
Plant survival;
Plant growth rate;
Fruit production, yield, or quality;
Performance under specific soil, climate, or environmental conditions;
Freedom from non-visible defects, latent diseases, viruses, or other pathogens not detectable through reasonable visual inspection.
Express Assumption of Risk by Buyer
Buyer expressly acknowledges and agrees that agriculture and plant production involve inherent risks beyond Seller’s control, including but
not limited to:
Soil composition and fertility conditions;
Weather events (including freeze, heat stress, drought, excessive rain, wind, hail);
Pest and disease pressures;
Water quality and irrigation practices;
Chemical applications and fertilizer practices;
Handling, storage, and planting methods;
Negligence or improper care by Buyer or third parties.
Buyer expressly assumes all risks associated with the planting, cultivation, growth, performance, and productivity of the plants after delivery or
pickup.
Limitation of Liability
Buyer agrees that Seller’s liability, if any, shall be strictly limited to the original purchase price paid for the plants in question. Seller shall not be
liable for any incidental, consequential, special, punitive, or lost-profit damages arising from or related to the purchase or use of the plants.
Acceptance of plants by Buyer constitutes full agreement to these terms.