Warranty and Disclaimer
Warranty and Exclusive Remedy
Our plants are healthy and true to name. DUE TO PLANTING CONDITIONS BEYOND OUR CONTROL, WE CANNOT GUARANTEE THE LIFE AND PRODUCTIVITY OF ANY PLANT SOLD. All claims must be made in writing within five (5) days. Upon notification of a defective or damaged tree, if it is determined the tree is either defective or damaged due to our fault, if we are unable to correct the tree, we will replace the defective or damaged tree. We reserve the right, in our sole discretion to refuse or delay replacement or its choice of remedy for the defective or damaged tree until after we have inspected and tested the defective or damaged tree, provided that such inspection and test shall occur within seventy-two (72) hours after we are notified of the defect.
THE REMEDY DESCRIBED ABOVE IS CUSTOMER’S SOLE REMEDY, AND SOUTHEASTERN GROWERS’ SOLE LIABILITY, WITH RESPECT TO DEFECTIVE OR DAMAGED PLANTS. WE DO NOT WARRANT DEFECTIVE OR DAMAGED PLANTS THAT ARE NOT TIMELY REPORTED AND INSPECTED BY SOUTHEASTERN GROWERS. CUSTOMER UNDERSTANDS AND AGREES THAT FAILURE TO TIMELY NOTIFY SOUTHEASTERN GROWERS OF A DEFECTIVE OR DAMAGED PLANTS WAIVES ANY CLAIM AS TO THE DELIVERED ITEMS. SOUTHEASTERN GROWERS DOES NOT WARRANT THE LIFE AND PRODUCTIVITY OF ANY PLANT SOLD. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE PLANTS ARE SOLD “AS IS” AND SOUTHEASTERN GROWERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER APPLIES TO THE EXTENT ALLOWED BY THE LAW OF THE STATE OF GEORGIA.
Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY, SOUTHEASTERN GROWERS, AND ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND SOUTHEASTERN GROWERS ACTUAL KNOWLEDGE OR REASONABLE CONTROL; (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE PURCHASE PRICE PAID AND/OR PAYABLE BY CUSTOMER TO SOUTHEASTERN GROWERS FOR THE PLANTS UNDER THIS AGREEMENT, WHETHER OR NOT SOUTHEASTERN GROWERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.