Posted: March 6th, 2014

Hartwig Farms bought seed potatoes from Pacific, which bought th

Hartwig Farms bought seed potatoes from Pacific, which bought them from Tobiason. The seed potatoes were stated to be “blue tag certified,” meaning they were certified by the North Dakota State Seed Department not to have more than 1 percent infection with a disease that ruins potatoes. Hartwig planted the seeds, but almost the entire crop turned out to be infected. Hartwig sued for damages from the loss of the crop. Tobiason defended, noting that when the seeds were shipped the invoice had a disclaimer: “Tobiason…gives no warranty, express or implied, as to description, variety, quality, or productiveness, and will not in any way be responsible for the crop. All claims must be reported immediately on receipt…or no claim will be allowed.” Hartwig claimed that this was not a part of the contract since nothing before the actual shipment of the seeds with the invoice said anything about a disclaimer. Is the disclaimer a part of the contract? [Hartwig Farms v. Pacific Gamble Robinson, 625 P.2d 171, Ct. App., Wash. (1981)]

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