Subject to the conditions listed below, Plant Health Care, Inc. (PHC) will issue a refund for the full purchase price of the ProAct® applied to any labeled crop acreage in 2009 where the end-user (farmer) is less than satisfied with ProAct performance. Refunds under the terms of this program will be paid via check from PHC, issued joint-payable to the FARMER and the RETAILER from whom the ProAct was purchased, and delivered to the RETAILER location where the ProAct was purchased.
- Refunds will only be paid on harvested acres that were treated with ProAct. Non-harvested acres are not eligible for a refund.
- Only PHC-registered and packaged ProAct with EPA Reg. No. 71771-3 and EPA Est. No. 71771-PA-001 qualifies for participation under this program. Farmers may be required to produce the packaging from the ProAct used to treat the affected acreage if there is a question regarding product eligibility.
- Farmer must provide PHC with proof-of-purchase and proof-of-payment for all ProAct purchases.
- Farmer requests for refunds under the terms of this program must be submitted in writing to PHC, and received by PHC at the address shown below, no later than December 1, 2009.
- The retailer from whom the ProAct was purchased must substantiate, by signature, the farmer’s claim of “less than satisfied” on the treated acreage for which a refund is requested.
- Requests for refunds received by PHC after December 1, 2009 will be disallowed.
- It is solely the end-user’s/farmer’s responsibility to comply with each conditional requirement associated with this program.
- Claims under this program are expressly limited to a refund of the purchase price paid for the ProAct used to treat the acres where performance was less than satisfactory. No further warranties or remedies are expressed, implied, or available.