Notice to Purchaser…

Exclusion of Implied Warranties and Limitation of Damages and Remedies

1. What Is Covered By This Warranty:

TRECO®’s Rootstocks are warranted to be true to name, properly graded for uniformity of size and quality, carefully stored to maintain their high quality and properly packed to reach the purchaser in the best possible condition.

2. What is Not Covered By This Warranty:

Because growth of nursery stock is determined to a large extent by the care it receives from the planter and grower, due to conditions beyond TRECO®’s control, including but not limited to soil, weather, purchaser’s negligence and improper use of chemicals or fertilizers, TRECO® cannot and does not warrant or guarantee growth. When TRECO®’s Catalog and Reference Manual specifies the degree of Disease Resistance of a particular variety, such representation, or the lack thereof, shall be strictly construed and shall constitute a limitation of TRECO®’s warranties, express or implied, with respect thereto.

3. Disclaimer of Warranty:

The foregoing warranties are in lieu of all other warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for particular purpose, replacement of the purchased plant materials F.O.B. at the place where TRECO® originally sold to purchaser, or refund of the original purchase price, at TRECO®’s option, is purchaser’s exclusive remedy under this warranty. These warranties also will apply to any additional purchases of nursery stock for planting during the same planting season.

4. Exclusive Limited Remedies:

Provided purchaser is not in violation of any of the conditions contained in the Warnings below, TRECO® will, at its option either replace the plant material or refund the purchase price upon notification of the loss in writing by the purchaser and purchaser’s county extension service before June 15th for rootstocks purchased between December 1st of the previous year and April 30th of the current year. This warranty is not applicable to rootstocks purchased between May 1st and November 30th. All replacements or refunds require that the account be paid in full. In the event a rootstock proves to be untrue to name, TRECO® will, at its option, if notified during the first leafing season, replace the rootstock or refund the purchase price. These remedies (replace or refund) are purchaser’s exclusive remedies and, in no event shall liability exceed the purchase price.

5. Limitation of Remedies:

In no case shall TRECO® be liable for any special Incidental or Consequential Damages, including but not limited to damages such as loss of profits, loss of use of the nursery stock, cost of lost fruit, and injury to any other property based upon breach of warranty, breach of contract including latent. The exhibition of a sample or model of the goods shall not be regarded as part of the basis of the bargain and shall not create an express or implied warranty that the whole of the goods shall conform to the sample or model. The goods are sold “As Is” and “With All Faults,” subject only to the express warranty set forth above.

6. Contingencies:

TRECO® reserves the right without notice to purchaser to substitute the closest possible size at TRECO®’s current corresponding price of plant material in stock if TRECO® is unable to furnish size ordered by Purchaser.

7. Non-Delivery of Stock:

Non-delivery of stock shall be excused in case of fire, frost, floods, drought, strikes, winter injury, shortages of nursery stock or other causes beyond TRECO®’s control.

8. Entire Agreement:

The parties hereto agree that a confirmation is the complete and exclusive statement of the agreement between them, which supersedes all proposals or prior agreements, oral or written and all other communications between the parties relating to the subject matter. Written acceptance of this order or acceptance of delivery of the plant materials constitutes acceptance of the above terms and conditions of sale.

9. Allocation of Risks:

This agreement allocates the risk of product failure between TRECO® and the purchaser. This allocation is recognized by both parties and is reflected in the price of the goods. The purchaser acknowledges that it has read this agreement, understands it, and is bound by its terms. Acceptance of the shipment will constitute acceptance of terms and conditions of sale.

Violation of any of the following conditions will void the applicable warranty.

1. Failure to Determine Soil and Climate Adaptability:

Prior to placing an order, it is strongly recommended that purchaser employ the services of climate and soil experts to determine the adaptability of the particular selected rootstock variety to local soil and climate conditions.

2. Ethylene Gas Exposure:

Do not store nursery stock where possible Ethylene Gas exposure may occur. Ethylene Gas concentration will cause extensive damage or kill rootstock if stored with apples or in storage rooms that have not been completely ventilated.

3. Packing in Cedar Tow Shavings:

Do not store rootstock in Cedar tow shavings. Cedar tow shavings used for packing or storing rootstock can cause extensive damage to the root system.

4. Improper Planting Conditions:

Avoid late planting or planting in very hot conditions which could induce sun-scalding. Plants should be conditioned when removed from cold storage at a milder temperature for at least two weeks prior to planting. In some extreme cases it may be necessary to whitewash the trunks in order to avoid sun-scald. Fumigated ground should be allowed sufficient time between fuming and planting. Make sure all fumigant is out of the soil.

5. Improper Care and Maintenance:

Purchaser’s responsibility for proper care and maintenance of rootstock and trees includes, but is not limited to, careful protection and storage until planting and planting properly in suitable soil on a correctly prepared site. Roots may be pruned at planting time and should be planted in adequate soil types for nurseries to accommodate the root system and then thoroughly tamped in. Stock should be watered in at planting time and additionally as needed; mulched or cultivated to prevent competition from grass and weeds as well as protected from rodents.

6. Use of Chemicals, Fertilizer or Manure:

Dipping or treating rootstocks with chemicals or the placing of manure, fertilizer or similar materials in the hole with the rootstock must be avoided.

7. Improper Conduct of Nursery Operation:

All nursery operations must be conducted in a manner that accords with the accepted standard of the industry.

8. Fumigation Canada:

If TRECO® is required to fumigate plants prior to shipment into Canada all guarantees are void

If plants arrive damaged, or if they do not appear to start properly, please call us at once. We may be able to help you with your problem.

All replacements F.O.B. Woodburn, Oregon