NOTICE, WAIVER AND COMPLETE RELEASE AGREEMENT
INCLUDING LIMITATION OF WARRANTY AND IMITATION OF LIABILITY
Watermelon fruit blotch (wfb), acidorvorax avanae subsp. Citrulli, is a serious disease, which has become a significant risk in the area of watermelon cultivation. The pathogen causing WFB can be introduced into a field by infested seed, infected transplants, volunteer watermelon, mechanical means
or natural speed from alternate hosts. While it is impossible to conduct any testing procedures, which
will give 100% reliable results with regard to the identification of any seed borne WFB infection, Burrell
Seeds is using its best efforts. No symptoms of WFB were found to be present within the known limits
of detection.
Burrell Seed and the undersigned acknowledge that this sale of watermelon seed is commercial transaction. Therefore, as a condition of sale of all watermelon seed sold by Burrell Seed dealers, the undersigned acknowledges that he/she has seed informed of the risks associated with the potential presence
of WFB, and hereby waives any right to assert any claim against Burrell Seeds, whether for breach of
contract, tort, negligence or otherwise. The undersigned also releases Bill Seeds, it’s agents and supplies, from any and all claims relating to WFB with respect to all watermelon seed supplied by Burrell
Seeds dealers. Furthermore, the undersigned expressly acknowledges that his/her exclusive and sole
remedy against Burrell Seeds will be waived, including return of the purchase price, and Burrell Seeds
will have no liability whatsoever to any other parties.
It is further agreed that in the event of resale of or transfer by the undersigned of the seed sold, Burrell
Seeds offers no warranties, express or implied, including the warranties of merchantability or fitness
for a particular purpose, regarding the seed, and all such warranties are specifically herein disclaimed.
Burrell Seeds shall not be liable for incidental or consequential damages or crop failure damages as
a result of the use of this seed. The undersigned also agrees to defend, indemnify and hold harmless
Burrell Seeds against any and all claims, actions, proceedings, or other potential liabilities against
Burrell Seeds of any nature whatsoever relating to any such resale or transfer of said seed.
I have read the above notice, understand it, and agree to be bound by all of its terms. I also acknowledge that I have had the opportunity to consult with an attorney regarding this notice. I understand this
notice is part of my contract and condition of sale, and that no shipment from a Burrell Seed dealer or
Burrell Seeds will occur until the dealer or Burrell Seeds receives this signed notice.
Growers Signature
Growers Name Printed
Address
Date Signed
THIS LETTER MUST BE SIGNED BY THE CUSTOMER
AND ACCOMPANY THE ORDER IF YOU ARE ORDERING A
POUND OR MORE OF WATERMELON SEED.
Date Received:
P O Box 150 – 405 N Main St.
Rocky Ford, Colo. 81067
Ph (719) 254-3318
Fax (719) 254-3319
PLEASE DO NOT WRITE IN THIS SPACE
WRITE OR PRINT YOUR ADDRESS PLAINLY AND IN FULL
For instructions about ordering see page 2 & 3 of catalog. Please remit
payment by check or money order. Cash sent at your own risk.
Substitute nearest variety if sold out?
yes
no
NAME
DATE
OK’d by .............................................
Shipped via .......................................
Date sent ...........................................
Packed by .........................................
Number packages ............................
Postage .............................................
MAILING ADDRESS
CITY
PHONE
Method of Payment:
Check or money order
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CARD NUMBER
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Discover
EXP DATE
SIGNATURE
HAVE YOU MOVED? Please check here and write your old address at the bottom of your order.
Quantity
Item #
Item
Unit
Price
Dollars Cent X
Colorado residents please add 3% sales tax on non-seed items.
Total the weight of the items that are not postpaid and add 1 lb. for packaging. On these items
you are responsible for the shipping charges. See pages 4-5 for easy figuring of shipping. When
figuring shipping charges, do not add in weight of postpaid items – we pay shipping charges on
these.
For additional ordering space turn to the other side
Handling charge
Shipping charges
TOTAL
$3. 00
Quantity
Item #
Item
Colorado residents please add 3% sales tax on non-seed items.
Please attach additional note paper if needed for more items.
Please refer to pages 4-5 when ordering.
Unit
Price
Shipping charges
TOTAL
Dollars Cent X