LIMITATION OF LIABILITY: In the event of a dispute between Buyer and AgraSyst, or a dispute involving any third party, AgraSyst shall not be liable to Buyer or any third party for special, incidental, or consequential damages, or for damages in the nature of penalties or for punitive damages. AgraSyst shall not be liable to Buyer, its licensees, employees, servants, or agents, by way of indemnification or contribution, or to customers of Buyer, if any, or any third party, for any dames, sums of money, loss of profits, claims or demands whatsoever, resulting from or by reason of, or arising out of the use or misuse, or the failure to follow warnings or instructions for use, of the goods sold by AgraSyst to Buyer, or any applicator’s or user’s failure to follow any label instructions or warnings. Buyer’s or user’s exclusive remedy, and AgraSyst’s total liability to Buyer or user shall be for damages not exceeding the purchase price of the goods with respect to which such claims are made.

WARRANTY DISCLAIMER: The goods sold to you under this Contract are furnished “as is” by AgraSyst. Except as specifically agreed in writing, AgraSyst makes no warranties, guarantees, or representations of any kind to Buyer or user, or to any third party, either express or implied, orally or in writing, or by usage of trade, statutory or otherwise, with regards to the goods sold for any particular trade usage.

CONDITIONS OF SALE AND WARRANTY 1. Seller warrants that this product conforms to the chemical description on the label and is reasonably fit for the purposes stated when used in accordance with the use directions under normal conditions. Seller neither makes, nor authorizes any agent or representative to make any other warranty of FITNESS or of MERCHANTABILITY, guarantee or representation, express or implied concerning this material. 2. Critical and unforeseeable factors beyond the Seller control prevent it from eliminating all risks in connection with the use of this material. Such risks include, but are not limited to damage to plants and crops to which the material is applied, lack of complete control, and damage caused by drift to other plants or crops. Such risks occur even though the product is reasonably fit for the uses stated herein and even though label directions are followed. Buyer and user acknowledge and assume all risks and liability resulting from handling, storage, and use of this material (except those assumed in 1 above). Seller shall not be liable for incidental or consequential damages.