**PRODUCT WARRANTY DISCLAIMER AND “AS-IS” SALE**

**AgFocus LLC – Limited Warranty and Disclaimer**

AgFocus LLC (“Seller”) provides the product(s) identified in the accompanying invoice, purchase order, or sales confirmation (“Product”) subject to the following terms:

1. **No Express Warranty on Performance or Results**
Seller makes **no express warranty** whatsoever regarding the performance, effectiveness, yield, productivity, suitability for any specific agricultural application, crop outcome, durability in field conditions, or any other result or benefit from the use of the Product. Any statements, descriptions, illustrations, samples, models, or promotional materials provided by Seller are for general information only and do **not** constitute an express warranty or guarantee of any kind.

2. **Sold “AS IS, WHERE IS, WITH ALL FAULTS”**
THE PRODUCT IS SOLD AND DELIVERED **”AS IS, WHERE IS, WITH ALL FAULTS”**. Buyer accepts the Product in its present condition without any representations or warranties by Seller.

3. **Disclaimer of All Implied Warranties**
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO:
– THE IMPLIED WARRANTY OF MERCHANTABILITY
– THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE
– ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE

**BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS NOT RELIED ON ANY REPRESENTATION, STATEMENT, OR WARRANTY BY SELLER (OR ANY AGENT OR EMPLOYEE OF SELLER) OTHER THAN THOSE EXPRESSLY SET FORTH IN WRITING IN THIS DOCUMENT.**

4. **Buyer Assumes All Responsibility and Risk**
Buyer assumes **all responsibility** and **all risk** associated with the purchase, inspection, selection, installation, use, maintenance, and performance of the Product. Buyer is solely responsible for determining the suitability of the Product for Buyer’s intended purposes and assumes all liability for any loss, damage, injury, or expense arising from or related to the Product, including but not limited to crop loss, equipment downtime, environmental impact, or any other consequential or incidental damages.

**IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES**, including but not limited to loss of profits, loss of crops, business interruption, or any other economic loss, even if Seller has been advised of the possibility of such damages.

6. **Governing Law**
This warranty disclaimer shall be governed by the laws of the State of Delaware , without regard to conflict of laws principles.

**BY ACCEPTING DELIVERY OF THE PRODUCT, PLACING AN ORDER, OR MAKING PAYMENT, BUYER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY THIS WARRANTY DISCLAIMER AND “AS-IS” SALE TERMS.**

AgFocus LLC
PO Box 197

Lexington IL 61753