SALES AGREEMENT

I. TERMS

This invoice is part of and pertains to the Proprietor Authorization and/or Proprietor Guarantee within the King Ranch Turfgrass, LP Credit Application and Agreement as applicable in credit transactions.

Prices are subject to change without notice.

NOTICE TO BUYER:
EXCLUSION OF WARRANTIES AND LIMITATIONS OF DAMAGES AND REMEDIES

**It is understood that all sales are final. There is NO CONSIGNMENT OR GUARANTEED SALE.

We WARRANT that this sod (or other material) conforms to the description shown on the invoice. WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, OF PURITY, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE.

LIABILITY for damages for any cause, including breach of contract, breach of warranty and negligence, with respect to this sale is LIMITED TO A REFUND OF THE PURCHASE PRICE OF THIS MATERIAL. This remedy is exclusive.

IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING LOSS OF PROFIT.

NO CLAIM WILL BE CONSIDERED UNLESS SUBMITTED IN WRITING BY REGISTERED MAIL WITHIN FORTY-EIGHT (48) HOURS OF RECEIPT OF SOD (OR OTHER MERCHANDISE).

King Ranch Turfgrass, LP warrants to the extent of the purchase price that all its products are sold true to name and as described within recognized tolerances.


II. GENERAL CONDITIONS

All agreements and orders become effective when, and only when, accepted in writing by King Ranch Turfgrass, LP or by delivery of products ordered.

LIABILITY: King Ranch Turfgrass, will exercise extreme care to have all grass true to a name: We give no warranty, expressed or implied, as to variety or productivity of grass stock sold. No liability is assumed for crop failure or any contingency beyond our control. Liability, in all instances is limited to purchase price.

RISK OF LOSS: Risk of Loss shall pass to customer when the grass is delivered to the delivery point.

CLAIMS: Shortages and damages enroute must be claimed at the time of delivery on our delivery document. We do not guarantee grass to live, and liability in all instances is limited to purchase price.

MiniVerde™ Bermudagrass (U.S. PP 12,084), Celebration® Bermudagrass (U.S. PP 11,181), TifEagle Bermudagrass (U.S. PP 11,163), TifSport Bermudagrass (U.S. PP 10,079), AmeriShade® St. Augustine (U.S. PP 17,095), Palmetto® St. Augustine (U.S. PP 9,395), DelMar® St. Augustine (U.S. PP 6,372), 609 Buffalograss ®, Zorro Zoysia (U.S. PP 14,130), Cavalier Zoysia (U.S. PP 10,788), Palisades Zoysia (U.S. PP 11,515), TifGrand® Certified Bermuda (U.S.PP 21,017), TifTuf™ Bermudagrass (U.S. PP 27,392), CitraBlue® St. Augustine, Bimini® Bermudagrass, Latitude 36® Bermudagrass, Cobalt™ Hybrid St. Augustine, Scotts® Provista™ St. Augustine

The respective patent owners prohibit the unlicensed propagation or transfer of these grasses to third parties for such propagation.

SOD MUST BE LAID WITHIN 24 HOURS OF RECEIPT OF GRASS.

ALL PURCHASES ARE FINAL. NO REFUNDS ON GRASS. PALLET DEPOSIT REFUND MUST BE ACCOMPANIED BY RECEIPT.