Important Information

Please read before ordering!

Index

Prices
Terms
Shipping
Return Policy
Substitutions
Seed Treatments
Limitation of Warranty and Remedy
Monetary Currency
Special Notice Concerning Watermelon Seed

PRICES:

PRICES QUOTED ARE SUBJECT TO CHANGE WITHOUT NOTICE.

TERMS:

NON-CREDIT APPROVED ACCOUNTS: Must be prepaid or applied to a credit card. A 2% discount is allowed on prepayment of seed orders over $300.00 per invoice. There are no discounts on non-seed items. There are no discounts on credit card orders. We accept American Express, Visa, Mastercard, and Discover.

CREDIT APPROVED ACCOUNTS: Credit applications are available from our office to become a credit approved account. On orders over $300.00 per invoice, a discount of 2% is allowed if paid within 30 days, net payment is due within 60 days unless special arrangements are made prior to shipping. Orders under $300.00 are net 30 days. Non-seed items are net 30 days (no discounts on non-seed items). Overdue accounts will be charged a late payment fee of 1 1/2% per month (18% per year). Minimum late payment fee is $3.00 per month. Payments on accounts are applied to late payment fees prior to paying open invoices.

NOTE: Accounts with good payment records receive priority during crop shortages and pro-rate situations.

RETURNED CHECKS: A fee of $40.00 will be charged for any checks returned. Collection fees and/or legal expenses, including costs of any lawsuit, will be charged to any overdue account to the extent permitted by law.

SHIPPING:

SEED ONLY: Seed orders $300.00 and over per invoice are shipped free of charge in the Continental U.S.A. Shipping costs will be added to your invoice to ship outside of the Continental U.S.A.. Allow $10.00 packaging and handling for seed orders under $300.00. Costs of special shipping arrangements will be added to your invoice. DISCOUNTS ARE NOT ALLOWED ON FREIGHT CHARGES.

WE DO NOT EXPORT SEED- Siegers Seed Company is an independent seed supplier to the commercial vegetable growers in Eastern United States and Canada. We represent breeder/producers from all over the world and are under contract with most of them to only market and sell within this (the above mentioned) territory. We are not set up to facilitate foreign seed documentation / required paperwork and it is not our policy to export seed.

NON-SEED ITEMS: Costs of shipping non-seed items are at the purchaser's expense. Minimum shipping charge is $10.00.

DAMAGED SHIPMENTS - Only a small percentage of material is damaged during shipping, but be prepared to take action in order to receive proper credit or replacement. Our office staff will assist you in filing a claim with the freight company and will need accurate information. Please observe the following steps (EXACTLY AND PROMPTLY) to have your claim accepted:

  1. Take time when unloading. COUNT the pieces. LOOK for any damaged goods. Ask your driver to note any shortage or damage on ALL copies of the freight bill and sign driver's name CLEARLY...NO INITIALS.
  2. IMMEDIATELY contact our main office (1-800-962-4999) and fax a copy of the freight bill (with damage noted) to 1-877-994-0333, or mail it to SIEGERS SEED CO., 13031 Reflections Drive, Holland MI 49424. You must contact the main office within 10 days.
  3. Enclose a note indicating the name and quantity of EACH variety that is missing or damaged. Thank you.

SEED RETURNS:

Any returns must be authorized by our main office for your account to receive credit. We have no control over the environment in which the seed is stored after leaving our premises. For the protection of all of our customers, we will accept no seed returns for any reason other than an error on our part in filling your order. Our main office must be notified within 10 days of any error on our part in filling your order. Opened containers cannot be returned for any reason. The main office has the right to charge a restocking fee.

SUBSTITUTIONS:

All items offered are subject to crop failure, shortages or other causes beyond our control. We will send the closest available substitute to complete your order unless you advise us otherwise.

SEED TREATMENTS - SPECIAL NOTE:

MOST SEEDS ARE TREATED FOR NON-ORGANIC COMMERCIAL GROWERS.

LIMITATION of WARRANTY and REMEDY

EXPRESS WARRANTY: Siegers Seed Company ("Siegers") warrants that the seed in this container (the "Seed") conforms to the label description within recognized tolerances.

DISCLAIMER OF WARRANTIES: SIEGERS MAKES NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES. In addition, Siegers does not warrant that this Seed is free of seed-borne diseases or free of genetically modified organisms. As permitted by law, this Seed is sold "As Is."

ACCEPTANCE OF TERMS: Any person who buys, receives, opens or uses this Seed (collectively the "User") thereby accepts and agrees to this Limitation of Warranty and Remedy ("Agreement") between User and Siegers. If User did not purchase this Seed directly from Siegers, User agrees that Siegers is a third-party beneficiary of the purchase agreement and is entitled to enforce this Agreement as if it had been entered into between User and Siegers. User agrees to accept full responsibility for the performance of the Seed and the resulting crop. The User agrees that the terms and conditions set forth in this Limitation of Warranty and Remedy are conditions of sale and represent the entire agreement between the User and Siegers regarding warranties, remedies, arbitration, or any other term or condition of sale. IF USER DOES NOT ACCEPT THESE TERMS, USER MUST RETURN THIS SEED IN THE UNOPENED CONTAINER TO THE PLACE OF PURCHASE FOR A FULL REFUND WITHIN 30 DAYS OF RECEIPT. USE OF THE SEED SHALL CONSTITUTE ACCEPTANCE OF THESE TERMS.

Siegers takes no responsibility and makes no warranty for THIRD-PARTY HANDLING including treatment, pelleting, priming, grading, packaging or any processing done to the Seed by anyone other than Siegers.

USER'S EXCLUSIVE REMEDY: The USER'S EXCLUSIVE REMEDY and Siegers' sole liability for any loss resulting from the use of the Seed is limited to a refund of the price paid for the Seed. Siegers is not liable for incidental, consequential, or exemplary damages, such as loss of yield or lost profits. User agrees that Siegers' refund of the price paid for the Seed will not cause this Agreement to fail of its essential purpose.

NOTICE OF REQUIRED ARBITRATION: Under seed laws of many states, arbitration, conciliation or mediation is required as a prerequisite to maintaining a legal action based upon the failure of seed to which this notice is attached to produce as represented. The User must file a complaint, along with the required filing fee (where applicable) with the Commissioner/Director/Secretary of Agriculture, Seed Commissioner, or Chief Agricultural Officer of the State within such time as to permit inspection of the crops, plants, or trees by the designated agency and the seedsman from whom the seed was purchased, or within such other time as may be specified by law. A copy of the complaint must be sent to Siegers by certified or registered mail or as otherwise provided by statute.

BINDING ARBITRATION AND VENUE: In lieu of an action in civil court, Siegers and User agree to submit any claim or dispute concerning the Seed to MANDATORY BINDING ARBITRATION in Ottawa County, Michigan under the rules of the American Arbitration Association. In the event a court of law determines that any claim or dispute is not subject to binding arbitration, then Ottawa County, Michigan shall be the venue of any civil action and Michigan law shall apply.

SEVERABILILTY: If any term of this Agreement is held to be unenforceable, all remaining terms will remain in effect and be fully enforceable.

ENTIRE AGREEMENT: This is the ENTIRE AGREEMENT between Siegers and User regarding the terms of sale or use of the Seed. User has not relied upon any other warranty, representation, or statement, except as specifically set forth in this Agreement.

CURRENCY

ALL PURCHASES ARE PAYABLE IN US FUNDS. Thank you.

SPECIAL NOTICE CONCERNING WATERMELON SEED

We want to advise you that in several areas of the United States, a bacterial disease that has been named Watermelon Fruit Blotch, has caused severe damage to some crops. The causal organism and method of infection have not been definitively identified and possible methods of control are not available. Siegers Seed Company makes no claim or representation that any watermelon seed it supplies is resistant or tolerant to Watermelon Fruit Blotch. Accordingly, Siegers Seed Company, its agents and suppliers will not assume any liability for any watermelon seed sold by Siegers Seed Company. A CUSTOMER SIGNATURE IS REQUIRED TO CONFIRM AGREEMENT TO THESE CONDITIONS PRIOR TO SHIPMENT OF WATERMELON SEEDS.