Terms of Service

HARRIS SEEDS AND CUSTOMER RESPONSIBILITIES

Variety Selection and Cultural Practices
The varietal descriptions and cultural information in this catalog are based on the observations and experience of our employees, associates, and suppliers. We strive to present the varietal and cultural information you need to choose appropriate varieties and raise them successfully.
However, growing conditions vary considerably depending upon geographic location, soil type, climatic conditions, pest or disease pressures, and cultural practices. For those reasons, customers’ results may differ from our printed information.
We recommend that you consult your state’s agricultural extension service for varietal suggestions and cultural information specific to your local area. Although we do our utmost to provide accurate, helpful information and advice, you alone are ultimately responsible for the success or failure of your crops.

Plant Diseases
Many flower and vegetable species are susceptible to serious seed- and soil-borne diseases. Our seed is carefully grown, treated, and/or tested to prevent seedborne infection. However, even our best efforts cannot guarantee absolute freedom from seed-borne disease, nor will they protect soil-borne organisms from attacking plants during growth. We try to offer superior varieties with tolerance or resistance to diseases whenever such varieties are available and adapted to your conditions.We urge you to look for these features as you plan your seed purchases.

Watermelon and Cantaloupe Disclaimers
Due to the potential liability of Watermelon Fruit Blotch (WFB) and Gummy Stem Blight (GSB) diseases with watermelon and cantaloupe seed, we require that one or more watermelon and cantaloupe release and disclaimer forms be signed and returned to us for all purchases of 1/4 lb. or 500 seeds or more of seeded varieties and for all purchases of seedless varieties, pollinators and Rogers® Brand cantaloupes.

 

ARBITRATION/CONCILIATION/MEDIATION REQUIRED BY SEVERAL STATES


Under the seed laws of several states, arbitration, mediation or conciliation 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 consumer shall file a complaint (sworn for AR, FL, IN, MS, SC, TX, WA; signed only for CA, GA, ID, ND, SD) along with the required filing fee (where applicable) with the Commissioner/Director/Secretary of Agriculture, Seed Commissioner, or Chief Agricultural Officer within such time as to permit inspection of the crops, plants or trees by the designated agency and the seeds-man from whom the seed was purchased. A copy of the complaint shall be sent to the seller by certified or registered mail or as otherwise provided by state statute.


IMPORTANT NOTICE TO BUYERS:

Harris Seeds, Garden Trends, Inc., hereby states, as its sole and express warranty, that seeds it sells will conform to only those label descriptions that are required by State and Federal Seed Law. THE HARRIS SEEDS COMPANY DISCLAIMS AND MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, NOR ANY WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, OTHERWISE. TO THE EXTENT PERMITTED BY STATE AND FEDERAL SEED LAW, ALL SEEDS ARE SOLD AS IS (TEL QUEL). For dealers reselling Harris seeds, it is their responsibility to inform their customers of Harris Seeds conditions of sale and limited warranty.

The Harris Seeds Company further disclaims any liability for any and all alleged seed-borne disease losses, whether the alleged infection is seed borne or secondary-caused. Harris Seeds makes no representation regarding the seeds it sells as free from seed-borne disease.

Purchasers' exclusive compensation for loss or damage arising from purchase or use of seeds from Harris Seeds shall be limited to an amount equal to the purchase price of such seeds. There shall not be included in any amount for incidental or consequential damages, nor for amounts expended in using or growing such seeds, nor for harvesting the produce of such seeds. This limitation of liability shall be applicable to any claim presented to HARRIS SEEDS, GARDEN TRENDS, INC., regardless of the legal theory forming the basis of such claim and whether such theory involves negligence, contractual liability, or otherwise. All orders accepted subject to availability.

These disclaimers or warranties and limitations of liability of the Harris Seeds Company may not be altered or amended, except by an instrument, in writing, signed by an authorized representative as designated by the President and CEO.

By acceptance of the seeds, the buyer acknowledges the disclaimers and limitations herein described are conditions of sale and that they constitute the entire agreement between the parties regarding warranty or any other liability.

Any claim resulting from the use of Harris' seeds must be presented to the Harris Seeds Company within 30 days after any defect or other basis of such claim was discovered or should have been discovered during the growing season in which the seed was purchased. The Harris Seeds Company will not assume any responsibility after the above-mentioned 30-day period. Some states do not allow the exclusion or limitation of the incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.

IT IS EXPRESSLY UNDERSTOOD THAT ANY TECHNICAL ADVICE BY HARRIS SEEDS COMPANY IN REFERENCE TO THE USE OF ITS PRODUCTS IS GIVEN GRATIS. FURTHERMORE, HARRIS SEEDS COMPANY DOES NOT ASSUME ANY RESPONSIBILITY FOR THE ADVICE GIVEN OR THE RESULTS OBTAINED.


MOBILE TERMS & CONDITIONS 

Harris Seeds offers its customers mobile alerts regarding sales, new product releases, promotional events, and cart reminders by SMS message (the "Service") on 37629. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.

Signing Up and Opting-In to the Service 
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service starts, you will need to agree to these Terms. Harris Seeds reserves the right to stop offering the Service at any time with or without notice.  

By opting into the Service, you:  

  1. Authorize Harris Seeds to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
  2. Acknowledge that you do not have to agree to receive messages as a condition of purchase.
  3. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
  4. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, customer service at 800-544-7938. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.  

Content You May Receive
Once you affirm your choice to opt-in to the Service on 37629, your message frequency may vary. You may receive alerts about: 

  1. Sale promotions
  2. Event information
  3. Product launch announcements
  4. Cart reminders 

Charges and Carriers  
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service. 

Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Harris Seeds may add or remove any wireless carrier from the Service at any time without notice. Harris Seeds and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.  

To Stop the Service  
To stop receiving text messages from Harris Seeds, text the word STOP to 37629 any time or reply STOP to any of the text messages you have received from Harris Seeds. After texting STOP to 37629, you will receive one additional message confirming that your request has been processed. 

Questions 
You can text HELP for help at any time to 37629. This will provide you with a toll-free number to contact customer service 800-544-7938. You can also contact us at 355 Paul Rd P.O. Box 24966, Rochester , NY 14624. 

Changes to Terms
These Mobile Terms and Conditions are subject to change at any time without notice.