Consumer Law, Warranties Statutes of limitations

[rsbfarms]

My jurisdiction is: nebraska

I am a farmer and I purchased seed corn which I understood was non treated to be in compliance with my organic status. Neb Statue 81-2.147.02 states that each container which agriculture seeds are sold in must have attached thereto in a conspicuous place a plainly written or printed label or tag in the English language given the following information a word or statement indicating that the seed that has been treated if it was. On the seed corn bags and labels there WAS NOT any notice that the seed was treated but I found out after planting the seed corn that it was indeed treated with a fungicide. The seed corn company was in violation of the Nebraska seed laws and I was harmed because my land lost its organic status. On the seed corn bag was a express statue of limitation of one year the Nebraska statues of limitations is four years. I contend or hope since the seed corn company did not comply with Nebraska seed law and allow me to know that the seed was non useful for organic seeding that the contract was nonbinding especially in regard to the expressed limitations of the one year statute of limitation printed on each bag of seed corn.
Is this type of contract a nonbinding contract allowing me to have the usual four years of statutes of limitations or not?
Is this contract void when the company was in non compliance with the state seed law and would that allow me to have the four years that one normally has?
Thank you
Paul Rosberg

 

[dee_dub]

When did this happen? I'm guessing you're currently past the one-year limitation period set out on the bag?

Before looking at whether non-compliance voids the one-year limitation period set out on the bag, I would be curious whether the one-year period is valid at all. Generally, it is possible to contract out of statutory limitations periods. But it is not clear to me that printing something on the bag amounts to a contractual agreement. Did you have notice of the provision on the bag, did you agree in some form of contract to be bound by provisions on the bag?

If the one-year limitation is valid in the first place, I suspect you will face an uphill battle to argue that it should be void because the bag did not comply with the organic labelling laws. The limitation period is there precisely to prevent claims such as this from arising after the one year. The vendor might still be subject to penalty for failing to comply with the labelling laws, but would not be subject to civil suit.

A more promising line of argument might be that you and the seed vendor were both under mutual mistake: you both thought they were selling and you were buying organic seed, which was not the case, so the contract should be rescinded and you should be restored to your original positions. Or, perhaps the statement that the seed was organic was a negligent misrepresentation that entitles you to void the contract.

I suggest you consult a local attorney.