crop-chem-docs/corpus/epa_ppls/228-496.md

BIFENTHRIN 0.115% GRANULE INSECTICIDE

• EPA Reg No: 228-496
• Registrant: NUFARM AMERICAS, INC.
• Signal word: Caution
• Active ingredients: Bifenthrin (0.115%)
• Label accepted: 2023-08-24
• Source PDF: https://www3.epa.gov/pesticides/chem_search/ppls/000228-00496-20230824.pdf

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, DC 20460

OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION

August 24, 2023

Carrie M. Tackema Sr. Regulatory Manager Nufarm, Inc. 11901 S. Austin Ave. Alsip, Illinois 60803

Subject: Registration Review Label Mitigation for Bifenthrin Product Name: Bifenthrin 0.115% Granule Insecticide EPA Registration Number: 228-496 Application Date: 04-27-2021 Decision Number: 573422

Dear Carrie Tackema:

The Agency, in accordance with the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), as amended, has completed reviewing all the information submitted with your application to support the Registration Review of the above referenced product in connection with the Bifenthrin Interim Decision, and has concluded that your submission is acceptable. The label referred to above, submitted in connection with registration under FIFRA, as amended, is acceptable.

Should you wish to add/retain a reference to the company’s website on your label, then please be aware that the website becomes labeling under the Federal Insecticide Fungicide and Rodenticide Act and is subject to review by the Agency. If the website is false or misleading, the product would be misbranded and unlawful to sell or distribute under FIFRA section 12(a)(1)(E). 40 CFR 156.10(a)(5) list examples of statements EPA may consider false or misleading. In addition, regardless of whether a website is referenced on your product’s label, claims made on the website may not substantially differ from those claims approved through the registration process. Therefore, should the Agency find or if it is brought to our attention that a website contains false or misleading statements or claims substantially differing from the EPA approved registration, the website will be referred to the EPA’s Office of Enforcement and Compliance.

A stamped copy of your labeling is enclosed for your records. This labeling supersedes all previously accepted labeling. You must submit one copy of the final printed labeling before you release the product for shipment with the new labeling. In accordance with 40 CFR 152.130(c), you may distribute or sell this product under the previously approved labeling for 12 months from the date of this letter. After 12 months, you may only distribute or sell this product if it bears this new revised labeling or subsequently approved labeling. “To distribute or sell” is defined under FIFRA section 2(gg) and its implementing regulation at 40 CFR 152.3.

Page 2 of 2 EPA Reg. No. 228-496 Decision No. 573422

If you have any questions about this letter, please contact Samantha Thomas by phone at 202- 566-2368, or via email at thomas.samantha@epa.gov.

Sincerely,

Cathryn Britton, Chief Risk Management and Implementation Branch 5 Pesticide Re-Evaluation Division Office of Pesticide Programs

Enclosure

BIFENTHRIN 0.115% GRANULE INSECTICIDE FOR RESIDENTIAL LAWN, HOME PERIMETER, ORNAMENTAL & FLOWER GARDEN, AND HOME GARDEN USE ACTIVE INGREDIENT: Bifenthrin. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.115% OTHER INGREDIENTS: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99.885% TOTAL: . . . . . . . . . . . . . . . . . . . . . . . 100.000% Cis isomers 97% minimum, trans isomers 3% maximum. KEEP OUT OF REACH OF CHILDREN CAUTION [SEE ADDITIONAL PRECAUTIONARY STATEMENTS ON BACK OF BAG.] [SEE (BACK PANEL, BOOKLET, SIDE PANEL) FOR ADDITIONAL PRECAUTIONARY STATEMENTS.] Si usted no entiende la etiqueta, busque a alguien para que se la explique a usted en detalle. (If you do not understand the label, find someone to explain it to you in detail). For Chemical Spill, Leak, Fire, or Exposure, Call CHEMTREC (800) 424-9300 For Medical Emergencies Only, Call (877) 325-1840 [For Product Inquiry, Call (XXX) XXX-XXXX] IMPORTANT! ALWAYS STORE THIS PRODUCT OUT OF REACH OF PETS AND DOMESTIC ANIMALS [Nufarm: Grow a better tomorrow] [Grow a better tomorrow] NOTE: Spanish language is optional EPA REG. NO. 228-496 EPA EST. NO. Manufactured [By] Fo r NUFARM AMERICAS INC. 11901 S. Austin Avenue Alsip, IL 60803 NET WEIGHT: ____ lbs / (____kg) BIFENTHRIN GROUP 3A INSECTICIDE 08/24/2023 228-496

2 PRECAUTIONARY STATEMENTS HAZARDS TO HUMANS (AND DOMESTIC ANIMALS) CAUTION - PRECAUCION Harmful if absorbed through skin. Causes moderat e eye irritation. Avoid cont act with skin, eyes or cl othing. Wash thoroughly wi th soap and water after handling and before eating, drinking, chewing gum, using tobacco or using the toilet. Remove and wash contaminated clothing before reuse. FIRST AID IF ON SKIN OR CLOTHING: x Take off contaminated clothing. x Rinse skin immediately with plenty of water for 15 to 20 minutes. x Call a poison control center or doctor for treatment advice. IF IN EYES: x Hold eye open and rinse slowly and gently with water for 15 to 20 minutes. x Remove contact lenses, if present, after the first 5 minutes, then continue rinsing eye. x Call a poison control center or doctor for treatment advice. HOT LINE NUMBER Have the product container or label with you when calling a poison control center or doctor, or going for treatment. You may also contact 1-877-325-1840 for emergency medical treatment information. NOTE TO PHYSICIAN This product is a pyrethroid. If large amounts have been ingested, milk, cream or other digestible fats and oils may increase absorption and so should be avoided. ENVIRONMENTAL HAZARDS This pesticide is extremely toxic to fish and aquatic invertebrates. To protect the environment, DO NOT allow pesticide to enter or run off into storm drains, drainage ditches, gutters or surfac e waters. Applying this product in calm weat her when rain is not predicted for the next 24 hours will help ensure that wind or rain does not blow or wash pesticide off the treatment area. Sweeping any product that lands on the driveway, sidewalk , or street, back onto the treated area of the lawn or garden will help to prevent run off to water bodies or drainage system. DIRECTIONS FOR USE It is a violation of Federal law to use this product in a manner inconsistent with its labeling. In New York State, DO NOT apply to any grass or turf area (lawns) within 100 feet of a water body (lake, pond, river, stream, wetland, drainage ditch). In New York State, make a single repeat application of this product if there are signs of renewed insect activity, but not sooner than two weeks after the first application. For outdoor use only. Apply this product directly to the lawn or garden area. Water treated area as directed on this label. Treat surfaces to ensure thorough coverage but avoid runoff. To treat insects harbored in voids and cracks-and-crevices, applications must be made in such a manner to limit dripping and avoid runoff onto untreated structural surfaces and plants. DO NOT apply or irrigate to the point of run-off. DO NOT make applications during rain. Avoid making applications when rainfall is expected before the product has sufficient time to dry (minimum 4 hours). Rainfall within 24 hours after application may cause unintended runoff of pesticide product. DO NOT apply this product into fish pools, ponds, streams, or lakes. DO NOT apply directly to sewers or storm drains, or to any area like a drain or gutter where drainage to sewers, storm drains, water bodies, or aquatic habitat can occur. DO NOT allow the product to enter any drain during or after application. DO NOT apply directly to impervious horizontal surfaces such as sidewalks, driveways, and patios except as a spot or crack-and-crevice treatment. DO NOT apply or irrigate to the point of runoff. For soil or foliar applications, DO NOT apply by ground within 25 feet of lakes, reservoirs, rivers, permanent streams, marshes or natural ponds, estuaries and commercial fish farm ponds. DO NOT apply when wind speed is greater than 15mph. For applications at rates above 0.34 lbs bifenthrin/A (295.6 lbs product/A), users must water the treated area immediately after application. Spot treatments must not exceed 2 square feet in size (for example, 2 ft. by 1 ft. or 4 ft. by 0.5 ft.). INSECT RESISTANCE MANAGEMENT For resistance management, this product contains bifenthrin, a Group 3A pyrethroid insecticide. Repeated and exclusive use of this product or other Group 3A insecticides may lead to the buildup of resistant strains of insects in some crops. Some insects are known to develop resistance to products used repeatedly for control. Because the development of resistance cannot be predicted, this product may be used as part of a resistance management strategy established for the use area. These strategies may include incorporation of cultural and biological control practices, alternation of mode-of-action classes of insecticides on succeeding generations and targeting the most susceptible life stage. Consult your local or state agricultural authorities for details. Unless directed otherwise in the specific crop/pest sections of this label, the best practices are to follow these instructions to delay the development of insecticide resistance:

x Avoid using the same mode of action (IRAC group num ber) on consecutive generations of insect pests. x Apply this product using a “treatment window” approach to avoid exposure of successive insect pest generations to the same mode of action. x A “treatment window” is defined as the per iod of residual activity provided by single or sequential applications of products with the same mode of action. This “treatment window” should not exceed approximately the length of one generation of the target pest. x Within the “treatment window”, make no more than 2 applications of this product or other product that contains a Group 3A insecticide within a single generation of the target pest on a crop or within a 30-day period to the same insect species on a crop. x Following a “treatment window”, rotate to a treatment window of ef fective products with a different mode of action. This window should approximate the duration of one generation of the target pest. x Target the most susceptible insect life stages, whenever possible. x Do not use less than the labeled rates of this product when applied alone or in tank mixtures. x Monitor insect populations for product effectiveness.

If resistance to this product develops in your area, this product or other products with a similar mode of action, may not prov ide adequate control. If poor performance cannot be attributed to improper application or extr eme weather conditions, a resistant strain of insect may be pre sent. If you experience difficulty with control and resistance is a reasonable cause, immediatel y consult your local Nufarm representative or agricultu ral advisor for the best alternate method of control for your area. For additional inform ation on insect resistance moni toring, visit the Insecticide Re sistance Action Committee (IRAC) on the web at http://www.irac-online.org.

PRODUCT FACTS

INSECTS CONTROLLED Use this product to kill and control:

Ants (including Carpenter, Red Harvester, Pavement, Odorous, Pyramid, Argentine, Pharaoh, Black Turf) Armyworms (including Lawn Armyworm, Fall Armyworm) Billbugs (including Bluegrass Billbug, Hunting Billbug) Black Turfgrass Ataenius (adults) Bristletail Centipedes Chiggers Chinch Bugs Crickets Cutworms (including Black Cutworm, Bronzed Cutworm, Granulate Cutworm, Variegated Cutworm) Dichondra Flea Beetle Earwigs European Crane Fly Fiery Skipper Fire Ants Firebrat Fleas Fruitfly Grasshopper s Greenbug Ground Beetles Ground pearl Leafhoppers Lucerne Moth Mealybugs Millipedes Mole Crickets (including Tawny Mole Cricket, Southern Mole Cricket, Short- winged Mole Cricket) Pillbugs Seed Maggots Ticks (including ticks that may transmit Lyme Disease) Spiders Springtails Striped Grassworm Two-lined Spittlebugs Webworms (including Sod Webworm, Grass Webworm, Tropical Sod Webworm) Weevils (including Hyperodes and Bluegrass) Wireworm WHERE TO APPLY: Lawns, Around Home Foundations (Perimeter Treatment), Ornamental and Flower Gardens, and Vegetable Gardens. WHEN TO APPLY: Apply early/proactively (in the spring/summer/fall) to prevent infestation. Otherwise, apply at the first sign of insect activity or damage.

HOW TO APPLY: See the specific pests for the use rate. Ir rigating or watering by 0.1 to 0.5 inches immediately after application improves the effectiveness of this product. On Lawns x Using a spreader designed for applicat ion of granular materials, uniformly apply 1 to 2 lbs over 1,000 sq. ft. x For mole cricket control, apply 2 to 4 lbs over 1,000 sq. ft. area. x For 3 month control, apply 4 lbs of product for every 1,000 sq. ft. x A 10- (20-) pound bag will treat up to 10,000 (20,000) sq. ft. area of lawn. [XX pound bag should treat XXXXX square feet.] On Ornamentals & Flowers x Apply 0.5 to 1 lb. evenly over each 500 sq. ft. area. Repea t if there are signs of renewed insect activity. x Apply just before planting or after plants emerge.

4 Vegetable Gardens x Apply a single application just prior to planting or after plants emerge and worked into the top 4 to 6 inches of soil. Use 1.0 lb of product for a 500 sq. ft. area. Home Foundation/Barrier Treatment Evenly apply a 2-foot wide band next to the house/home foundation. Use 0.5 to 1.0 lb for each 500 sq. ft. (2 ft. x 250 ft.). *Food utensils such as tablespoons/teaspoons must not be used for food purposes after use in measuring pesticides. Apply to the vegetables listed below: CROP DAYS TO WAIT TO HARVEST Tomatoes, sweet corn 1 Green peas, sugar snap peas, snow peas, gr een beans (wax beans, snap beans), dry beans (black-eyed peas, cow pea), cucumber, gourds, muskmelon, pumpkin, squash, and watermelon 3 Artichoke 5 Broccoli, Chinese broccoli, cabbage, cauliflower, kohlrabi, Chinese mustard, eggplant, head lettuce, peppers (bell and non-bell) 7 SPREADER TIPS SPREADER SPREADER SETTINGS Pounds of Product / 1,000 sq. ft. 1 lb 2 lbs 4 lbs DIRECTIONS Scotts Drop Spreader XX XX XX Mow lawn first if grass is tall enough to touch the bottom of the spreader. First apply two header strips. Operate spreader the longest way of the lawn. Overlap wheel marks to ensure uniform coverage. Shut off spreader when you have reach the header strips or stopped. Scotts EasyGreen® Rotary XX XX XX Slide shut-off lever to the right; application automatically starts and stops when you do. For complete coverage make each pass about 30 inches from the previous one, so some overlapping occurs. Scotts SpeedyGreen® or Edgeguard® Rotary (For Broadcast Spreader.) XX XX XX Shut off spreader anytime you stop. For complete coverage make each pass about five feet from the previous one, so some overlapping occurs.

• 1 lb/1 ,000 sq. ft. is equivalent to 0.5 lb/500 sq. ft. Use this product for the control of: Ants (including Carpenter, Red Harvester, Pavement, Odorous, Pyramid, Argentine, Pharaoh, Fire Ants) Armyworms Billbugs Centipedes Chinch Bugs HOW TO USE Crickets Cutworms Earwigs European Crane Fly Fleas Grasshoppers Leafhoppers Mealybugs Millipedes Mole Crickets Sod Webworms (Lawn Moth) Spiders Ticks (including ticks that may transmit Lyme Disease) Weevils (including Hyperodes) Insects (listed above [under INSECTS CONTROLLED]): Uniformly apply 1 to 2 pounds over a 1,000 sq. ft. area of lawn using a spreader designed for the application of granular materials. A 10- pound bag will treat a 5,000 sq. ft. to 10,000 sq. ft. area o f lawn. [A

20-pound bag will treat a 10,000 sq. ft. to 20,000 sq. ft. area of lawn.] Best results are obtained if the treated area is thoroughly watered immediately after application. For Centipedes, Millipedes, Pavement Ants: Uniformly apply 4 pounds over a 1,000 sq. ft. area of lawn. Best results are obtained if the treated area is thoroughly watered immediately after application. For Mole Crickets: Uniformly apply 2 to 4 pounds over a 1,000 sq. ft. area of lawn. For best results, treat in late spring and water thoroughly immediately after application. For Fire Ant Mounds: Uniformly apply 1 tablespoon or 3 teaspo ons** of granules to the surface of each mound. For best results: 1) Apply in cool weather, 65 to 80° F, in early morning or late ev ening hours. 2) Avoid disturbing ants. 3) Treat new mounds as th ey appear. 4) Thoroughly water the treated area after application. *Food utensils such as tablespoons/teaspoons must not be used for food purposes after use in measuring pesticides. SPREADER TIPS SPREADER SPREADER SETTINGS Pounds of Product / 1,000 sq. ft. 1 lb 2 lbs 4 lbs DIRECTIONS Scotts Drop Spreader XX XX XX Mow lawn first if grass is tall enough to touch the bottom of the spreader. First apply two header strips. Operate spreader the longest way of the lawn. Overlap wheel marks to ensure uniform coverage. Shut off spreader when you have reach the header strips or stopped. Scotts EasyGreen® Rotary XX XX XX Slide shut-off lever to the right; application automatically starts and stops when you do. For complete coverage make each pass about 30 inches from the previous one, so some overlapping occurs. Scotts SpeedyGreen® or Edgeguard® Rotary (For Broadcast Spreader.) XX XX XX Shut off spreader anytime you stop. For complete coverage make each pass about five feet from the previous one, so some overlapping occurs. Avoid applying this product on flower, vegetable and shrub plantings.

When using other spreaders, calibrate the spreader settings based on the manufacturer’s recommendations.

6 STORAGE AND DISPOSAL DO NOT contaminate water, food or feed by storage or disposal. PESTICIDE STORAGE: Keep out of reach of children and animals. Store in original containers only. Store in a cool, dry place and avoid excess heat. Carefully open c ontainers. For rigid containers after partial us e, replace lids and cl ose tightly. For bags after partial use, reseal opened bag by folding top down and securing. PESTICIDE DISPOSAL AND CONTAINER HANDLING: Nonrefillable container. DO NOT reuse or refill this container. If empty: Place in trash or offer for recycling if available. If partly filled: Call your local solid waste agency for disposal instructions. DO NOT pour or dispose down-the-drain or sewer. WARRANTY DISCLAIMER The directions for use of this product must be followed carefully. TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, (1) THE GOODS DELIVEREDTOYOU ARE FURNISHED “AS IS” BY MANUFACTURER OR SELLER AND (2) MANUFACTURER AND SELLER MAKE NO WARRANTIES, GUARANT EES, OR REPRESENTATIONS OF ANY KIND TO BUYER OR USER, EITHER EXPRESS OR IMPLIED, OR BY USAGE OF TRAD E, STATUTORY OR OTHERWISE, WITH REGARD TO THE PRODUCT SOLD, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USE, OR ELIGIBILITY OF THE PRODUCT FOR ANY PARTICULARTRADE USAGE. UNINTENDED CONSEQUENCES, INCLUDING BUT NOT LIMITED TO INEFFECTIVENESS, MAY RESULT BECAUSE OF SUCH FACTORS AS THE PRESENCE OR ABSENCE OF OTHER MATERIALS USED IN COMBINATION WITH THE GOODS, OR THE MANNER OF USE OR APPLICATION, INCLUDING WEATHER, ALL OF WHICH ARE BEYOND THE CONTROL OF MANUFACTURE R OR SELLER AND ASSUMED BY BUYER OR USER. THIS WRITING CONTAINS ALL OF THE REPRESENTATIONS AND AGREEMENTS BETWEEN BUYER, MANUFACTURER AND SELLER, AND NO PERSON OR AGENT OF MANUFACTURER OR SELLER HAS ANY AUTHORITY TO MAKE ANY REPRESENTATION OR WARRANTY OR AGREEMENT RELATING IN ANY WAY TO THESE GOODS. LIMITATION OF LIABILITY TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, IN NO EVENT SHALL MANUFACTURER OR SELLER BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGES IN THEIR NATURE OF PENALTIES RELATING TO THE GOODS SOLD, INCLUDING USE, APP LICATION, HANDLING, AND DISPOSAL. TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, MANUFACTURER OR SELLER SHALL NOT BE LIABLE TO BUYER OR USER BYWAY OF INDEMNIFICATION TO BUYER OR TO CUSTOMERS OF BUYER, IF ANY, OR FOR ANY DAMAGES OR SUMS OF MONEY, CLAIMS OR DEMANDS WHATSOEVER, RESULTING FROM OR BY REASON OF, OR RISI NG OUT OF THE MISUSE, OR FAILURE TO FOLLOW LABEL WARNINGS OR INSTRUCTIONS FOR USE, OF THE GOODS SOLD BY MANUFACTURER OR SELLER TO BUYER. ALL SUCH RISKS SHALL BE ASSUMED BYTHE BUYER, USER, OR ITS CUSTOMERS.TOTHE EXTENT CONSISTENT WITH APPLICABLE LAW, BUYER'S OR USER'S EXCLUSIVE REMEDY, AND MANUFACTURER'S OR SELLER'S TOTAL LIABILITY SHALL BE FOR DAMAGES NOT EXCEEDING THE COST OF THE PRODUCT. If you do not agree with or do not accept any of the directions for use, the warranty disclaimers, or limitations on liability, do not use the product, and return it unopened to the Seller, and the purchase price will be refunded. (RV[mmddyy])

7 OPTIONAL MARKETING TEXT xInsect Protection xLawn Insect Protection xTreats 5,000 Square Feet for insect control xKills Listed Insects, Fleas & Ticks xTreats up to 5,000 Square Feet for insect control xProtects against listed damaging insects xLow odor formula xEasy-to-use granules xReady-to-spread granules xEasy to apply xFire Ant Killer xKills mole crickets xKills listed outdoor pests in lawns and around homes xNot harmful to lawn grasses xKills insects that cause your lawn to thin and turn brown xKills lawn-damaging insects that cause your lawn to thin and turn brown xKills fleas and ticks xKills ticks that may transmit Lyme Disease xCorrects listed lawn insect problems (for grub control, use Scotts GrubEx) xControls listed lawn insect problems xApply at first signs of insect damage or activity xCorrects listed lawn insect problems (for grub control, use Scott’s GrubEx) xControls chinch bugs, sod webworms (lawn moth), fleas, ticks (including ticks that may transmit Lyme Disease), and other lawn pests listed on the back xA 10-lb bag treats up to 10,000 sq. ft. xTreats up to 10,000 sq. ft. – 100%/twice more than 5,000 sq. ft. bags (for 1 0# bag) x2 X More Coverage* – *vs. Standard 5,000 sq. ft. Bags xTreats up to 20,000 sq. ft. – 100%/twice more than 10,000 sq. ft. bags (for 20# bag) xKills [listed insects/pests] above and/& below the [lawn] surface xKills listed insects in/& under the lawn xGuaranteed kill or your money back xKills [insert # depending on total # of listed pests] listed insect pests xProtects Lawns Against Listed Damaging Insects x100% Satisfaction Guaranteed or Your Money Back xKills in 24 hours xKills overnight xUse on residential lawns, home perimeters, ornamental & flower gardens, and vegetables xUse on lawns, [ornamentals, vegetables] [&] as a barrier treatment around home foundations xKills listed [nuisance] pests/insects around home foundations xUse around outside of homes, porches and/& patios xLong-lasting! [Up to] 3-month control xUp to 3-month control xKills listed insects on contact [and keeps on killing] for [up to] 3 months xKills above and below the surface for [up to] 3 months xKills and/& prevents/protects for [up to] 3 months xKeeps [on] killing for [up to] 3 months xOne application... season-long control xEasy-To-Use xFor use on lawns, ornamentals, home perimeter/foundation, vegetables, and flower beds/gardens xKills chinch bugs, mole crickets, cutworms, billbugs, European crane fly, [and other listed lawn damaging/destroying] insects/pests [by contact] OPTIONAL SPREADER INSTRUCTIONS Spreading Instructions: Follow Application Directions in the table below. Calibrate the spreader settings based on the manufacturer’s recommendations. Calculating Total Lawn Area: LENGTH x WIDTH = TOTAL SQ. FT. then subtract NON-LAWN AREAS (House, Garden, Driveway) Spreading Patterns: First spread the borders of your lawn. Then spread the center by spreading in straight line passes. Spread at a uniform walking speed to insure even coverage. Optional - Abbreviated Warranty Language [due to packaging limitations]: The directions for use of this product must be followed carefully. TO THE EXTENT CONSISTENT WITH APPLICABLE LAW,

(1) THE GOODS DELIVERED TO YOU ARE FURNISHED "AS IS" BY MANUFACTURER OR SELLER AND (2) MANUFACTURER AND SELLER MAKE NO WARRANTIES, GUARANTEES, OR REPRESENTATIONS OF ANY KIND TO BUYER OR USER, EITHER EXPRESS OR IMPLIED, OR BY USAGE OF TRADE, STATUTORY OR OTHERWISE, WITH REGARD TO THE PRODUCT SOLD, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USE, OR ELIGIBILITY OF THE PRODUCT FOR ANY PARTICULAR TRADE USAGE. BUYER’S OR USER’S EXCLUSIVE REMEDY, AND MANUFACTURER’S OR SELLER’S TOTAL LIABILITY SHALL BE FOR DAMAGES NOT EXCEEDING THE COST OF THE PRODUCT. If you do not agree with or do not accept any of directions for use, the warranty disclaimers, or limitations on liability, do not use the product, and return it unopened to the Seller, and the purchase price will be refunded.