TERMS AND CONDITIONS OF SALE

1. All sales are final.

2. Payment Terms: ADVANCE PAYMENT of 50% of the total sale price is 50% is due at the time of ordering to reserve the “Purchased Seed Materials”; PAYMENT IN FULL of the remaining 50% of sales price is due prior to reciept of the “Purchased Seed Materials”.

3. “Purchased Seed Materials” are for pick-up at the Fiacre-designated storage location in Virginia.

4. Shipping and delivery charges for the “Purchased Seed Materials” and delivery are not included.

5. In the event that the “Purchased Seed Materials” are not made available to the buyer prior to or on April 15, 2019, the Buyer can request refund the Advance Payment and terminate the order.

6. BUYER accepts the products (the “Purchased Seed Materials”) sold under this contract as is, where is, and without any express or implied warranty of merchantability, or express or implied warranty of fitness, or any other warranty.

7. Liability to BUYER: If for any reason BUYER chooses to not receive delivery of the “Purchased Seed Materials”, the BUYER agrees to forfeit in full the Advance Payment.

8. The BUYER agrees to pick up the “Purchased Seed Materials” within two (2) weeks of notification of the availability of the material. Failure to do so will incur all applicable storage fees.

9. BUYER shall inspect the “Purchased Seed Materials” at the time of Pick Up. Pick up of the “Purchased Seed Materials” by the BUYER shall constitute irrevocable acceptance of the materials by the BUYER.

10. This Agreement shall be governed by the laws of the Commonwealth of Virginia. Any disputes under this agreement shall be adjudicated in the state courts of the Commonwealth of Virginia and the parties hereto hereby consent to personal jurisdiction and venue in such jurisdiction.