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Home > Customer Service > Watermelon Fruit Blotch Notice/Waiver

Bacterial Fruit Blotch and Gummy Stem Blight Notice Watermelon & ‘Athena’ Cantaloupe

Notice, waiver, and complete release agreement, including limitation of warranty and limitation of liability. Not recommended for planting in SOUTH CAROLINA or FLORIDA.

Bacterial Fruit Blotch (BFB), Acidovorax avenae subsp. citrilli, is a serious disease which has become a significant risk in the area of watermelon and cantaloupe cultivation. In young seedlings, the disease can cause water soaked lesions to appear on the leaves of the plant, and in some cases on the stem as well. Real damage from this disease occurs after fruit set, when these lesions appear on the fruit. The pathogen causing BFB can be introduced into a field by infested seed, infected transplants, volunteer watermelon and cantaloupe, mechanical means or natural spread from alternate hosts.

Gummy Stem Blight (GSB) is caused by a fungus, Didymella bryoniae, which attacks cantaloupe, watermelons and other cucurbits. Yield loss due to GSB occurs as a result of rapid defoliation of vines and fruit infection and subsequent decay. GSB has become a significant risk in the area of watermelon and cantaloupe production. The pathogen causing GSB can be introduced into a field by infected seed, infected transplants, volunteer cucurbits, mechanical means or natural spread from alternate hosts and is present in the environment in many growing areas.

Johnny’s Selected Seeds (JSS) and the undersigned acknowledge that this sale of watermelon seed and cantaloupe seed (Athena) is a commercial transaction. Therefore, as a condition of sale of all watermelon seed and cantaloupe (Athena ) by JSS, the undersigned acknowledges that he has been informed of the risks associated with the potential presence of BFB and GSB and hereby waives any right to assert any claim against JSS, whether for breach of contract, tort, negligence, or otherwise. The undersigned also releases JSS, its agents, and suppliers from any and all claims relating to BFB and GSB with respect to all watermelon seed and cantaloupe (Athena) supplied by JSS dealers. Furthermore, the undersigned expressly acknowledges that his exclusive and sole remedy against JSS for any loss resulting from the use of the seed is limited to the purchase price of said seed. Additionally, if any seed is repackaged, all remedies against JSS will be waived, including return of the purchase price, and JSS will have no liability whatsoever to any other parties.

It is further agreed that in the event of resale or transfer by the undersigned of the seed sold hereunder, JSS offers no warranties, express or implied, including the warranty of merchantability or fitness for a particular purpose, regarding the seed, and all such warranties are specifically herein disclaimed. JSS shall not be liable for incidental or consequential damages or crop failure damages as a result of the use of this seed. The undersigned also agrees to defend, indemnify, and hold harmless JSS against any and all claims, actions, proceedings, or other potential liabilities against JSS of any nature whatsoever relating to any such resale or transfer of said seed.

I have read the above notice, understand it, and agree to be bound by all of its terms. I also acknowledge that I have had the opportunity to consult with an attorney regarding this notice. I understand this notice is part of my contract and a condition of sale, and that no shipment will occur until JSS receives this signed notice.

I have read the above Warranty and Bacterial Fruit Blotch and Gummy Stem Blight Notice, on this form, and I fully understand and accept them.

I have read the above Warranty and Bacterial Fruit Blotch and Gummy Stem Blight Notice, on this form, and I fully understand and accept them.
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