2023 BURPEE COMMERCIAL WHOLESALE GROWER
Terms and Conditions
These terms and conditions (these "Terms") apply to the purchase and sale of products through W. Atlee Burpee Company’s (the “Company”) website, www.burpee.com (the "Site"). These Terms are subject to change by the Company without prior written notice at any time, in its sole discretion. The latest version of these Terms will be posted on the Site, and you should review these Terms before purchasing any products that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
All prices posted on the Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed. Posted prices do not include taxes or charges for shipping and handling (including without limitation insurance in transit).
The number of seeds per ounce for varieties listed is approximate and will vary from year to year.
SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS:
The Company will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process (including without limitation insurance in transit).
Title and risk of loss pass to you upon the Company’s transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. The Company is not liable for any delays in shipments.
RETURNS AND REFUNDS:
Once orders are placed, they cannot be cancelled, altered, or modified. Except for as otherwise stated herein, all orders are sold on a no return basis. Exceptions can only be granted on an individual basis under extraordinary circumstances with prior approval of the Company and subject to fees. Please contact the Company at 1-800-888-1447 or email email@example.com if you have other questions regarding your order.
WARRANTY AND LIMITATION ON LIABILITY:
IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, THE COMPANY WARRANTS TO THE EXTENT OF THE PURCHASE PRICE THAT THE SEEDS SOLD ARE AS DESCRIBED ON THE CONTAINER WITHIN RECOGNIZED TOLERANCES.
EXCEPT AS DESCRIBED IN THE PRECEDING PARAGRAPH AND BELOW IN THE “BURPEE GUARANTEE” BURPEE MAKES NO OTHER WARRANTIES OR GUARANTEES WITH RESPECT TO ITS PRODUCTS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH OTHER WARRANTIES AND GUARANTEES ARE HEREBY EXPRESSLY DISCLAIMED.
UNDER ALL CIRCUMSTANCES AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON CONTRACT, NEGLIGENCE, MISTAKE, OMISSION, OR OTHERWISE AND REGARDLESS OF THE EXTENT OF THE LOSS, THE COMPANY’S LIABILITY IS LIMITED TO THE PURCHASE PRICE. UNDER NO CIRCUMSTANCES SHALL BURPEE BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OR LOSS OF PROFITS. AS A CONDITION TO SUCH LIABILITY, WE MUST RECEIVE NOTICE, BY REGISTERED MAIL TO 300 Park Ave, Warminster, PA, 18974, WITHIN THIRTY (30) DAYS AFTER ANY DEFECT IN THE PRODUCT BECOMES APPARENT.
THE BURPEE GUARANTEE
We guarantee our seeds up to the full amount of the purchase price. You may request a refund or replacement, anytime within one (1) year of purchase if you are not satisfied. Seeds are guaranteed for vitality and purity. Even with the highest quality seeds, success in growing depends largely upon cultivation, soil, and weather conditions. Therefore, in no case shall the Company be liable for more than the amount paid for seeds. All our seeds are sold under the Burpee Guarantee.
You agree to defend, indemnify and hold the Company, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, settlements, costs and expenses relating thereto, including without limitation, reasonable legal and accounting fees, arising in any way from your use of the Company’s products or any violation of these Terms.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision.
You agree not to commence any action, litigation, or proceeding of any kind whatsoever against the Company in any way arising from or relating to these Terms and all contemplated transactions, in any forum other than the United States District Court for the Eastern District of Pennsylvania or, if such court does not have subject matter jurisdiction, the courts of the Commonwealth of Pennsylvania sitting in Montgomery County. You agree to submit to the exclusive jurisdiction of such courts irrevocably and unconditionally. You agree that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
Sales hereunder do not in any way grant any distributorship, dealership, franchise or other rights to you.
You agree to comply with all applicable laws and regulations. You represent and warrant that you are buying products from the Site for commercial growing and bedding-plant growing purposes, and not for resale (other than as set forth in the next paragraph). Products may not be resold under any circumstances to retail customers. Upon your breach of this section, you shall be responsible for all the Company’s cost and fees incurred for enforcing this section.
You will not assign any of your rights or delegate any of your obligations under these Terms without the Company’s prior written consent, except that you may resell the Company’s seeds only to commercial growers and bedding plant growers (but never to any retail customer). Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.