Warranty and Liability

Condition of Sale and Limitation of Warranty and Liability

Limitation of Liability: In no event shall seller or manufacturer be liable for special, incidental or consequential damages, or for damages in the nature of penalties. Seller or manufacturer shall not be liable to buyer, by way of indemnification to customer or buyer, if any, for any damages, sums of money, claims or demands whatsoever, resulting from or by reason of, or rising out of the misuse or the failure to follow label warnings or instructions for use of the goods sold by the seller or manufacturer to buyer. Buyer’s or user’s exclusive remedy and seller’s or manufacturer’s total liability shall be for damages not exceeding the cost of the product.

Warranty disclaimer: Ineffectiveness or other unintended consequences may result because of such factors as presence of other materials or the manner of use or application, all of which are beyond the control of the seller or manufacturer. In no case shall seller or manufacturer be liable for consequential, special or indirect damages resulting from the use or handling of this product. The buyer or its customers shall assume all such risks. Tests have not been carried out under all possible conditions and seller or manufacturer cannot and does not warrant that the product is compatible with all other chemicals. Seller or manufacturer warrants that product is adequately contained, packaged and labeled and conforms to the affirmation of fact made on the container and label. Seller or manufacturer makes no other warranties, guarantees, or representations of any kind, either expressed or implied, or by usage of trade, statutory or otherwise, with regard to the product sold, including, but not limited to merchantability, fitness for a particular purpose, use or eligibility of the product for any particular trade usage.

Whitetail Forage technologies, LLC and seller offer this product, and Buyer and User accept it, subject to the foregoing conditions of sale and limitations of warranty and of liability, which may not be modified except by written agreement signed by a duly authorized representative of Whitetail Forage Technologies, LLC.