California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 3 - Entomology and Plant Quarantine › Subchapter 2 - Nursery Stock › Article 15 - California Certified and/or Registered Nursery Stock Programs › Section 3069 - Disclaimer of Warranties and Financial Responsibility; Implementing Agreements and Forms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Nature of "Registration" and/or "Certification." The terms "registration"
					 and/or "certification" as used in these Programs mean that Department employees
					 or agents have visually inspected growing grounds and crops thereon as
					 described in this article. The terms do not mean that the Department has
					 inspected or is responsible for nuclear or parent stock, or that the Department
					 has control over the labeling of the stock by Program participants.
					 Registration and/or certification does not guarantee or warrant that the
					 articles to which foundation, registration or certification tags are attached,
					 or which are otherwise represented as foundation, registered or certified are
					 merchantable or fit for a particular purpose.
(b) The Department of Food and Agriculture
					 disclaims all express or implied warranties, including without limitation,
					 implied warranties of merchantability and fitness for a particular purpose,
					 regarding all plants, plant parts, and plant materials under any Nursery Stock
					 Registration and/or Certification Program. The Department is not responsible
					 for disease, genetic disorders, off-type, failure of performance, mislabeling,
					 or otherwise, in connection with these Programs. In any event, Department
					 liability is limited to the cost or purchase price of the plants, plant parts,
					 or plant material involved. No grower, nursery, dealer, government official or
					 other person is authorized to give any express or implied warranty, or accept
					 any financial responsibility on behalf of the Department regarding these
					 Programs, except as provided in this section.
(c) Each participant in a specific Program
					 shall be required to sign the following Agreement as a condition of
					 participation:
CALIFORNIA NURSERY STOCK REGISTRATION AND/OR
						CERTIFICATION PROGRAM
3 California Administrative Code Subarticle 10
						Section 3069. et seq.
READ THIS DOCUMENT CAREFULLY AND COMPLETELY BEFORE
						SIGNING DISCLAIMER OF WARRANTIES AND NONLIABILITY AND INDEMNIFICATION
						AGREEMENT
(1) The undersigned
					 grower is a participant in the (specific Registration and/or Certification)
					 Program of the Department of Food and Agriculture. Applicant understands that
					 the following limitations of liability apply:
LIMITATIONS OF LIABILITY
(A) The Department of Food and Agriculture
					 disclaims all express or implied warranties, including without limitation,
					 implied warranties of merchantability and fitness for a particular
					 purpose.
(B) The Department is not
					 responsible for disease, genetic disorders, off-type, failure of performance,
					 mislabeling, or otherwise, in connection with the Program.
(C) In any event, Department liability is
					 limited to the cost or purchase price of the plants, plant parts, or plant
					 material.
(D) No grower, nursery,
					 dealer, government official or other person is authorized to give any express
					 or implied warranty, or accept financial responsibility on behalf of the
					 Department regarding the Program, except as provided in 3 California
					 Administrative Code Subarticle 10 Section
					 3069.