EXCLUSION OF WARRANTIES OF MERCHANTABILITY AND FITNESS: THERE ARE NO IMPLIED WARRANTIES OF FITNESS OR MERCHANTABILITY FOR THE ITEMS SOLD AND DELIVERED IN CONNECTION WITH THIS AGREEMENT.There are no warranties which extend beyond the description of the items sold as stated in this document.
NO LIABILITY FOR INFORMATION PROVIDED: BUYER acknowledges it has selected the Plants to be sold based solely on BUYER’s knowledge of its situation and needs. SELLER does not necessarily have sufficient knowledge of BUYER’s conditions and intended uses to give advice, on which BUYER would be entitled to rely, concerning selection, planting, growing, care or other aspects of the Plants sold. BUYER should seek independent advice from a licensed or qualified agronomist or research institution to verify suitability of the items sold for it intended use, and means and methods for cultivating the items. Any information provided by SELLER is provided in good faith, in reasonable reliance on information provided by BUYER. BUYER agrees SELLER and its agents are not liable for, and BUYER will not assert any claim against SELLER or its agents for, information provided to BUYER concerning the matters described in this paragraph.
NO INCIDENTAL, CONSEQUENTIAL DAMAGES OR LOST PROFITS: In the event BUYER contends the items sold or delivered by SELLER, in connection with this contract, or otherwise, do not conform to the contract or warranties, or are defective before or when delivered unless damage occurs in connection with the freight company, BUYER shall give SELLER prompt written notice of the alleged nonconformity of defect, stating in detail what buyer claims is necessary to cure the alleged nonconformity, and SELLER shall have the right to attempt to cure the nonconformity within a reasonable time by (in SELLER’s discretion) providing replacement items, credit for future purchases, or by other reasonable means. BUYER’s sole and exclusive remedy in the event the items sold or delivered, in connection with this contract, or otherwise, do not conform to the contract or are defective before or when delivered unless damage occurs in connection with the freight company, and SELLER fails to cure the condition after notice and a reasonable opportunity to cure, will be is a refund of the purchase price of the defective items. BUYER shall return the items to SELLER if requested. In no event will BUYER be entitled to recover lost profits, incidental or consequential damages, damage to persons or property, punitive damages, or prejudgment interest from Seller. In addition, SELLER is not liable for any damage or loss occurring during transit or caused by the transporter (unless SELLER transports and delivers away from SELLER’s place of business.)
CHOICE OF LAW, JURISDICTION AND VENUE: This Agreement shall be governed by Florida law, and that selection of law shall not be waived or challenged based on any choice of law grounds. The Agreement shall be treated, to the maximum extent possible, as a contract for the sale of goods under Article 2 of the UCC. To the extent this agreement is deemed to include services not governed by Article 2, the applicable standard of care shall be the standards and practices routinely and historically applied by Hopkins Nursery and in Hendry County, Florida. The sole proper venue for any legal action arising out of this agreement shall be Hendry County, Florida. The parties waive trial by jury and stipulate that any trial of any legal; action shall be to the court. BUYER waives the option of removal to Federal court. BUYER consents to jurisdiction and venue in Hendry County, Florida with respect to any action arising out of this agreement or the items sold or delivered.