Warranty and limitation of liability
Telusem® is a registered trademark of Tellus mater gmbh, switzerland (hereinafter “Tellus
Please read these terms and conditions carefully before buying or using Telusem® seeds. You,
personally and on behalf of the legal entity of which you are representative or an agent , agree
to be bound by the terms and conditions below and you represent and warrant that you are duly
authorized to be so bound. By using Telusem® seeds you are acknowledging that the limitation of
warranty and liability is part of the terms of sales and constitutes the entire agreement
between the parties.
Limitation of Liability:
Buyer or user may not recover ,demand or request any amount for
incidental or consequential damages, including but not limited to loss of profit, loss of yield and
amounts expended in using or growing such seeds, or for harvesting the produce of such seeds. This
limitation of liability shall be applicable to any claim presented to Tellus mater. Whether the
legal theory forming the basis of such claim involves contract, tort, negligence, strict liability
or otherwise. Buyer and user agree that if Tellus mater refunds an amount equal to the price buyer
or user paid for Tellus mater, this limitation of liability will not have failed in its essential
Exclusive Express Warranty:
Tellus mater hereby states, that Telusem® seeds conform to
label descriptions that are required by swiss law as well as country of importation. Tellus mater
makes no representation that the seeds it sells are free of seed-borne diseases whether previously
known to exist or not identified until this seed is grown or results confirmed by an authorized
Disclaimer of Warranty:
Tellus mater makes no other express warranty. Tellus mater
disclaims all implied warranties including any implied warranty of merchantability and any implied
warranty of fitness for a particular purpose. To the extent permitted by swiss seed law, all
Telusem® seeds are sold as is.
Unless otherwise agreed in writing, (1) Tellus mater grants to buyer, a limited, non-exclusive,
non-transferable right to use or sell the material licensed hereunder for the purpose of production
of plant parts intended for resale solely as fresh or processed product; (2) buyer hereby agrees
that it is not acquiring rights for purposes other than those above named; buyer and his customers
shall not reproduce, increase or transfers said material, nor subject it to any conventional
breeding or biotechnology process, or any other genetic manipulation techniques, including but not
limited to tissue culture, genetic fingerprinting or transformation techniques. This material and
one or more of the parental lines used to develop it may be proprietary to Tellus mater and either
or both may be protected by a plant variety protection certificate, a utility patent or by trade
secret. Any use of products which results in infringement, misappropriation or any other illegal
activity regarding of any swiss or foreign right is prohibited. In case of resale, buyer agrees to
inform customers of all property terms and rights herein defined.
Failure of seed to germinate, and/or yield reduction, may occur as a
result of environmental factors including but not limited to cold temperatures, heat, excess
moisture, drought, storms, wind and hail, disease, pests, inadequate fertility or misapplication of
pesticides. Seeds, at times, carry seed-borne diseases which may not be apparent to the seller,
buyer or user. All risks of nonperformance, reduced performance and/or crop damage due to these
factors shall be assumed by the buyer and user.
Risk of loss:
Risk of loss shall pass to buyer upon shipment. Buyer is advised to carry
appropriate transit insurance.
Disclaimer of liability for seed treatments:
Tellus mater disclaims
all implied warranties including
any implied warranty of merchantability and any implied warranty of fitness for a particular purpose
regarding any seed treatments provided to buyer or user by anyone other than seller.
Disclaimer of liability for seed repackaging:
Repackaging of this seed shall void all
except where permitted by contract and signed by authorized personnel from Tellus mater
Notice of claim:
Tellus mater must have prompt notice of any claim arising from the use
mater so that an immediate inspection of the allegedly affected seed and/or crop can be made.
Buyer or user shall notify Tellus mater immediately, but in no case later than 15 days after any
defect or other basis or such claim is discovered or should have been discovered. Any claims
made for which Tellus mater did not receive notice within 15 days shall be barred.
The limitation of warranty and liability is the entire agreement
mater and buyer or user. Buyer and user agree that they are not relying on any statement,
agreement, writing, warranty or representation, whether written or oral, other than those
contained in the limitation of warranty and liability.
This limitation of warranty and liability may not be altered or amended in
except in writing by an officer of Tellus mater
If any term of this limitation of warranty and liability is held to be
unenforceable, all remaining terms of this limitation of warranty and liability shall remain in
effect and shall be fully enforceable.
Governing law and jurisdiction:
This limitation of warranty and liability shall be
governed by, are
subject to, and construed in accordance with, the laws of switzerland without regard to conflict of
law principles. The ordinary courts of basel, canton of basel-stadt, switzerland, shall have
exclusive jurisdiction for any claims relating to these terms and conditions.
Notice of binding arbitration:
In addition to the mandatory arbitration required by
states, buyer agrees that any private civil action brought by buyer or user against Tellus mater
shall be submitted to binding arbitration under the commercial rules of the american arbitration
association, said arbitration to be venued in stanislaus county, california.
Any claim shall be venued in stanislaus county california, usa.
By accepting this seed, buyer agrees that buyer shall provide written notice of
the terms of this limitation of warranty and liability to all subsequent buyers, users or
transferees of Telusem® seeds or the produce of such seed. Buyer further agrees that if buyer
fails to provide such notice, buyer must defend Tellus mater, to hold it harmless and to
indemnify it from and against any claim of loss asserted by buyers, users or transferees that
did not receive notice of the limitation of warranty and liability.