Terms and Conditions
TERMS OF SALE: All items in the online catalog are NET CASH by
credit card. SeedWay preferred customers with established line of credit may
enter their Seedway customer number in the checkout section. A $10.00 handling
charge will be added to all orders under $150.00.
HOW TO REMIT: We will accept Visa,
Mastercard, Discover and American Express.
SHIPPING INFORMATION: Seedway reserves the
right to ship via United Parcel Service, Parcel Post or Truck, whichever is
most economical. Allow two weeks for delivery unless otherwise notified. We pay
transportation charges in the continental United States and the Ontario
Province of Canada. For shipments outside the continental U.S., including
Alaska, Hawaii, Puerto Rico, Guam, and other provinces of Canada, freight FOB
Elizabethtown, PA. Truck: We ship to the nearest truck terminal in your area. (WE
CANNOT ASSUME SPECIAL RESIDENCY DELIVERY CHARGES ASSESSED BY SOME COMMERCIAL
TRUCKERS.) Additional documentation and freight charges may apply to export
TAX REQUIREMENTS FOR U.S. CUSTOMERS: Unless you have a tax exempt certificate filed
with Seedway, you must add sales tax in PA and NY.
*Tax on flower seeds only. Seedway will charge sales tax on all U.S. orders not
accompanied by a sales tax exemption form for these states unless we have a
current certificate on file. Please include one with your order if we do not
have one on file. An exemption certificate may be obtained from your local
state tax office.
- Some varieties may be limited to sales within North
- $500 minimum for export orders.
- Additional documentation and freight charges may apply
to export orders.
- International customers will be advised of seed
availability for export and any additional charges before credit card is
charged and shipment is made.
WATERMELON AND ATHENA
CANTELOUPE RELEASES: All watermelon and
Athena canteloupe orders require that a signed release of liability be received
at the Elizabethtown, PA, facility before shipment is made. Required watermelon
and Athena canteloupe releases will be mailed to the customer address upon
receipt of order. Please anticipate sufficient time for this process to take
place before your watermelon or Athena canteloupe order can be shipped.
Novartis prohibits the sale and use of Athena canteloupe in South Carolina. The
sale and use of selected watermelon varieties is prohibited in South Carolina.
LIMITED ONE YEAR WARRANTY: Seedway warrants for one year from the date of sale that the seeds
and plants sold conform to the label description, as required by state and
federal seed laws. SEEDWAY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, WHICH EXTEND
BEYOND THE LABEL DESCRIPTION. LIABILITY FOR DAMAGES FROM ANY CAUSE, INCLUDING
BUT NOT LIMITED TO, BREACH OF WARRANTY OR NEGLIGENCE, WITH RESPECT TO SUCH
SEEDS OR PLANTS IS LIMITED TO A REFUND OF THE PURCHASE PRICE. THIS REMEDY IS
EXCLUSIVE, SHOULD PURCHASER WISH TO OBTAIN DIFFERENT RIGHTS THAN SET FORTH
HEREIN, IT MAY NEGOTIATE WITH SEEDWAY TO OBTAIN SUCH ADDITIONAL RIGHTS AT AN
INCREASE IN THE PURCHASE PRICE OF THE SEEDS OR PLANTS. IN NO EVENT SHALL
SEEDWAY BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,
INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS. ANY CONTROVERSY OR CLAIM ARISING
OUT OF THIS SALE SHALL BE SETTLED BY ARBITRATION, IN SYRACUSE, NEW YORK, IN
ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND THE
DECISION OF THE ARBITRATORS SHALL BE FINAL AND BINDING UPON BOTH PARTIES, AND
ANY JUDGEMENT UPON ANY AWARD RENDERED MAY BE ENTERED IN ANY COURT HAVING COMPETENT
JURISDICTION. ANY ARBITRATION PROCEEDING OR OTHER CLAIM MUST BE BROUGHT IN
CONNECTION WITH THIS TRANSACTION WITHIN ONE (1) YEAR AFTER THE GOODS ARE SOLD.
THIS AGREEMENT SHALL BE INTERPRETED AND CONSTRUED IN ACCORDANCE WITH THE LAWS
OF THE STATE OF NEW YORK.THESE TERMS SHALL NOT BE MODIFIED OR AMENDED EXCEPT IN
WRITING, SIGNED BY BOTH PARTIES, UPON THIRTY (30) DAYS NOTICE BY REGULAR MAIL.
By acceptance of the seeds or plants, purchaser acknowledges the terms of this
limited warranty and limitation on damages and remedy. The terms of this
limited warranty constitute the entire agreement between the parties regarding
the sale of seeds or plants.