Limited Warranty, Liability & Disclaimer
Please read this LIMITED WARRANTY, LIABILITY & DISCLAIMER before purchasing Dutch Master Nutrients LLC products.
If the below terms are not acceptable, do not purchase product from Dutch Master Nutrients LLC. By using this product or breaking the tamper evident seal, the user or buyer accepts the following Limited Warranty, Liability and Disclaimer:
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS; YOU MAY HAVE OTHER RIGHTS THAT DIFFER IN VARIOUS COUNTRIES OR STATES OR JURISDICTIONS.
LIMITED WARRANTY, LIABILITY AND DISCLAIMER:
Dutch Master Nutrients LLC warrants that its products are offered as normal industrial quality and are reasonably fit for the purposes set forth in the directions for use/usage instructions when the product is used in accordance with such directions and/or instructions. Dutch Master Nutrients LLC also warrants that the directions, warnings and other statements on its website and/or on its product labels, feed charts, nutrient calculator or other referenced material are based upon responsible information from evaluation of reasonable tests of effectiveness and use. Tests have not been made on all varieties of plants (or strains thereof), or in all states or under all conditions.
Note: the onus is on the user to confirm suitability of Dutch Master Nutrients LLC products for their given application.
DUTCH MASTER NUTRIENTS LLC NEITHER MAKES NOR INTENDS, NOR DOES IT AUTHORIZE ANY AGENT OR REPRESENTATIVE TO MAKE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, AND IT EXPRESSLY EXCLUDES AND DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY DOES NOT EXTEND TO, AND THE BUYER SHALL BE SOLELY RESPONSIBLE FOR, ANY AND ALL LOSS OR DAMAGE WHICH RESULTS FROM THE USE OF THIS PRODUCT IN ANY MANNER WHICH IS INCONSISTENT WITH THE LABEL DIRECTIONS, WARNINGS OR CAUTIONS. BUYER/S AND USER/S EXCLUSIVE REMEDY AND SELLERS EXCLUSIVE LIABILITY FOR ANY AND ALL CLAIMS, LOSSES, DAMAGES, OR INJURIES RESULTING FROM THE USE OR HANDLING OF THIS PRODUCT, WHETHER OR NOT BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, SHALL BE LIMITED, AT THE SELLERS OPTION, TO REPLACEMENT OF, OR THE REPAYMENT OF THE PURCHASE PRICE FOR, THE QUANTITY OF PRODUCT WITH RESPECT TO WHICH DAMAGES ARE CLAIMED. IN NO EVENT SHALL DUTCH MASTER NUTRIENTS LLC BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE, STORAGE OR HANDLING OF THIS PRODUCT.
IN NO EVENT WILL DUTCH MASTER NUTRIENTS LLC, ITS AFFILIATES OR ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SHIPPING, USE OR STORAGE OF DUTCH MASTER NUTRIENTS LLC PRODUCTS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORIES OF LIABILITY, EVEN IF FORESEEABLE (COLLECTIVELY, THE EXCLUDED DAMAGES).
IN CERTAIN JURISDICTIONS, SOME LIABILITIES CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF DUTCH MASTER NUTRIENTS LLC CANNOT LAWFULLY DISCLAIM LIABILITY TO YOU UNDER THIS LIMITATION OF LIABILITY, DUTCH MASTER NUTRIENTS LLC WILL BE LIABLE TO YOU, IN THE AGGREGATE FOR ALL CLAIMS ARISING HEREUNDER, FOR LIQUIDATED DAMAGES OF $10.00. IN SUCH EVENT, YOU ACKNOWLEDGE AND AGREE THAT THE EXCLUDED DAMAGES FOR ALL CLAIMS ARISING HEREUNDER CANNOT BE CALCULATED WITH REASONABLE CERTAINTY. YOU FURTHER AGREE THAT $10.00 REPRESENTS (I) A REASONABLE APPROXIMATION OF THE EXCLUDED DAMAGES THAT YOU WILL SUFFER FOR ALL CLAIMS ARISING HEREUNDER AND THAT SUCH LIQUIDATED DAMAGES DO NOT CONSTITUTE A PENALTY, AND (II) THE EXCLUSIVE REMEDY TO YOU FOR EXCLUDED DAMAGES IN CONNECTION WITH ALL CLAIMS ARISING HEREUNDER. THE LIMITATIONS IN THIS PARAGRAPH WILL APPLY EVEN IF ANY OTHER REMEDY AVAILABLE TO YOU FAILS OF ITS ESSENTIAL PURPOSE.
Words conveying the singular shall, where required or appropriate, be deemed to mean and include the plural and vice versa. Words conveying the feminine gender shall be deemed to mean and include the masculine gender and vice versa. The decision of Dutch Master Nutrients LLC, its parent or affiliated companies, as to the interpretation of any written material inclusive of websites, product labels, printed material, and advertisements inclusive of punctuation shall be final.
© 2016, Dutch Master Nutrients LLC, Worldwide Rights Reserved. Effective Date: October 2016