Our Warranty and Limitation of Liability
In lieu of all other warranties, expressed or implied
(including any implied warranty of merchantability or fitness for a particular purpose)
and all other obligations or liabilities, we warrant to the extent of the purchase price,
that the seeds which we sell are as described by us on our container, within recognized
tolerances. Our liability, whether contractual, for negligence or otherwise, is limited in
amount to the purchase price of the seeds under all circumstances and regardless of the
nature, cause or extent of the loss, and as a condition to any liability on our part, we
must receive notice by registered mail for any claim that the seeds are defective within
30 days after the defect of the seeds become apparent. Notwithstanding the above, all claims shall be
submitted within 120 days of invoice date. All claims shall be submitted with the original
Victory Seed Company packaging. (Sorry for the
legal mumbo jumbo, but it is sadly necessary). This warranty is
non-transferable and extended to the original, purchasing customer only.
Third Party Restrictions
In order to maintain the high quality of our
seed, we only sell direct to customers. We do not sell through any
other outlet or agent - resale of our seeds is not authorized and
infringement through implication of endorsement. If you
have purchased seed packets bearing our name and they were not obtained
directly from us, no warranty is
extended and we would suggest that you return the product to the vendor
for a refund.
In the event of resale
or transfer by one of our customers (a purchaser) of the seed sold hereunder, the Victory Seed Company (VSC) offers
no warranties, express or implied, including the warranty of merchantability or
fitness for a particular purpose, regarding the seed, and all such warranties
are specifically herein disclaimed. VSC shall not be liable for incidental or
consequential damages or crop failure damages as a result of the use of this
seed. The customer also agrees to defend, indemnify, and hold harmless VSC
against any and all claims, actions, proceedings, or other potential liabilities
against VSC of any nature whatsoever relating to any such resale or transfer of
By placing an order, you are accepting these terms.
All recommendations made by us are compiled from
recognized botanical and horticultural sources. We are not responsible for damage or failure because of
any recommendations given by Victory Seed Company personnel.
Any references to medicinal properties is included for historical,
informational purposes only and should in no way be construed as a
prescription for medical conditions.
Descriptions and Illustrations
The plant descriptions on this Web site have been prepared
from our observations, supplier reports and other trial or experimental situations.
Illustrated specimens have been grown and photographed under favorable conditions.
Although they describe what has been observed and documented, they do not necessarily
predict what can be expected under your specific growing circumstances. Variation from the
color shown can be expected. This variation can result from film, printing ink, Web
page or computer display differences, and other catalog production techniques, as well as
soil, climate and other plant growing conditions.