THIS AGREEMENT 
Made in Duplicate 
1. Seller agrees to sell and deliver and Purchaser agrees , 
to accept and pay for the varieties of seeds in the amounts, 
at the prices set forth in attached pages and subject to the 
terms and conditions herein provided. _ 
2. Seller agrees to plant, or cause to be planted, during 
Season of 1949 an acreage of land which will produce 
under normal conditions, an amount of seed of the varieties 
herein named which, together with such varieties of seeds 
previously grown by, or for, the seller and now on 
hand, will be sufficient to enable the Seller to deliver 
the quantities of the seeds herein contracted for; and 
the Seller agrees to deliver as soon as possible after harvest, 
such seeds in good merchantable condition, as herein defined, 
F. O. B. growing station, containers extra at cost, and NOT 
RETURNABLE. The term “in good merchantable condition” 
is defined as seeds properly cleaned for seeding purposes, ap- 
proximately free from foreign seeds distinguishable by their 
appearance and of a germination equal to the fair average 
germination of the crop of the current year. 
3. In case of partial or total failure of any or all crops 
planted, or caused to be planted by the Seller for the purpose 
of producing the varieties of seeds herein named, or, in case 
of damage to, or destruction of the Seller’s seed stocks before 
planting, or to the products of such plantings, or to any seed 
through fire, accident or other casualty beyond Seller’s con- 
trol, the Seller shall be obliged to deliver, if at all, propor- 
tional quantities only, and, in any event, the Seller shall have 
the right to reserve an amount of seed equal to that used in 
4. Purchaser shall make payment for seeds delivered, by 
a trade acceptance due and payable net 60 days from date of 
shipment, or by cash within 30 days from date of shipment, 
less a discount of 1%%. If, at any time, the financial 
condition of the purchaser becomes unsatisfactory to the 
seller, or due to the circumstances of war, strike, or any 
other extraordinary hazard, the purchaser agrees, upon re- 
ceipt of written notice to that effect, and upon demand of 
the seller, to pay for the seeds in advance of shipment, less 
a cash discount of 1%%, and if such payment is not made 
within thirty (30) days from the receipt of such demand for 
payment, this agreement shall thereupon be deemed to be 
breached by the purchaser. , 
5. DISCLAIMER—We give no warranty, express or im- 
plied, as to the productiveness of any seeds or bulbs we sell 
and we will not be in any way responsible for the crop. Our 
liability in all instances is limited to the purchase price of 
the seed. | 
6. Purchaser’s claims for shortage of deliveries must be 
made to seller immediately on receipt of shipment and all 
germination tests must be made and reported in writing (in- 
cluding telegram) by Purchaser to Seller within 30 days after 
receipt of shipment. | 
