crop-chem-docs/corpus/epa_ppls/279-3625.md

F4260-7 Insecticide

• EPA Reg No: 279-3625
• Registrant: FMC CORPORATION
• Signal word: Caution
• Active ingredients: Tetraniliprole (19.75%)
• Label accepted: 2021-03-10
• Source PDF: https://www3.epa.gov/pesticides/chem_search/ppls/000279-03625-20210310.pdf

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Registration Notice Unconditional v.20150320

U.S. ENVIRONMENTAL PROTECTION AGENCY Office of Pesticide Programs Registration Division (7505P) 1200 Pennsylvania Ave., N.W. Washington, D.C. 20460

EPA Reg. Number:

279-3625

Date of Issuance:

3/10/21 NOTICE OF PESTICIDE: X Registration Reregistration

Term of Issuance: Unconditional (under FIFRA, as amended) Name of Pesticide Product: F4260-7 Insecticide

Name and Address of Registrant (include ZIP Code): Jake Vukich FMC Corporation 2929 Walnut Street Philadelphia, PA 19104

Note: Changes in labeling differing in substance from that accepted in connection with this registration must be submitted to and accepted by the Registration Division prior to use of the label in commerce. In any correspondence on this product always refer to the above EPA registration number.

On the basis of information furnished by the registrant, the above named pesticide is hereby registered under the Federal Insecticide, Fungicide and Rodenticide Act.

Registration is in no way to be construed as an endorsement or recommendation of this product by the Agency. In order to protect health and the environment, the Administrator, on his motion, may at any time suspend or cancel the registration of a pesticide in accordance with the Act. The acceptance of any name in connection with the registration of a product under this Act is not to be construed as giving the registrant a right to exclusive use of the name or to its use if it has been covered by others.

This product is unconditionally registered in accordance with FIFRA section 3(c)(5) provided that you:

1. Submit and/or cite all data required for registration/registration review of your product when the Agency requires all registrants of similar products to submit such data.

2. Make the following label changes before you release the product for shipment:

x Revise the EPA Registration Number to read, “EPA Reg. No. 279-3625.”

Signature of Approving Official:

Meredith F. Laws, Chief Invertebrate and Vertebrate Branch 3 Registration Division (7505P)

Date:

3/10/21 EPA Form 8570-6

Page 2 of 2 EPA Reg. No. 279-3625 Decision No. 527833

3. The data requirements for storage stability and corrosion characteristics (Guidelines 830.6317 and 830.6320) are not satisfied. A one-year study is required to satisfy these data requirements. You have 18 months from the date of registration to provide these data.

4. Submit one copy of the revised final printed label for the record before you release the product for shipment.

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.

If these conditions are not complied with, the registration will be subject to cancellation in accordance with FIFRA section 6. Your release for shipment of the product constitutes acceptance of these conditions. A stamped copy of the label is enclosed for your records. Please also note that the record for this product currently contains the following CSFs:

x Basic CSF dated 01/03/2017

If you have any questions, please contact Paul Di Salvo by phone at 703-347-0322, or via email at disalvo.paul@epa.gov

Enclosure: Stamped Label

1 F4260-7 Insecticide Liquid insecticide for use only in a 3RIVE 3D application system for in-furrow application. Active Ingredient: By Wt. Tetraniliprole 1-(3-chloropyridin-2-yl)-N-[4-cyano-2-methyl-6-(methylcarbamoyl)phenyl]-3-{[5-(trifluoromethyl)- 2H-tetrazol-2-yl]methyl}-1H-pyrazole-5-carboxamide………………………………………….………....................19.75% Other Ingredients: ………………………………………………………………………………………….…………..80.25% TOTAL: 100.00% This product contains 1.84 pounds of active ingredient per gallon. KEEP OUT OF REACH OF CHILDREN CAUTION See other panels for additional precautionary information. FIRST AID If Swallowed: x Call a poison control center or doctor immediately for treatme nt advice. x Have person sip a glass of water if able to swallow. x Do not induce vomiting unless told to by a poison control cent er or doctor. x Do not give anything by mouth to an unconscious person. If on Skin x Take off contaminated clothing. x Rinse skin immediately with plenty of water for 15 – 20 minute s. 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 15-20 minutes. Remove contact lenses, if present, after the first 5 minutes, then continue rinsing. x Call a poison control center or doctor for treatment advice. HOTLINE 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 1-800-331-3148 for emergency medical treatment information. NOTE TO PHYSICIAN No specific antidote is known. Treat symptomatically. EPA Reg. No. 279-GAEL EPA Est. No. ______________ Sold By FMC Corporation Net Contents: ________ gallons [or quarts] 2929 Walnut Street Refillable Container Philadelphia, PA 19104 [or Non-refillable Container]

TETRANILIPROLE Group 28 Insecticide

03/10/2021 279-3625

2 Precautionary Statements Hazards to Humans and Domestic Animals Caution: Harmful if swallowed or absorbed through skin. Causes moderate eye irritation. Avoid contact with eyes, skin, or clothing. Personal Protective Equipment (PPE): Applicators and other Handlers must wear: • Long-sleeved shirt and long pants • Shoes plus socks • Protective eyewear • Chemical resistant gloves made of any waterproof material such as natural rubber > 14 mils, barrier laminate > 14 mils, butyl rubber > 14 mils, nitrile rubber > 14 mils, neoprene rubber > 14 mils, polyethylene > 14 mils, polyvinylchloride (PVC) > 14 mils, or Viton® > 14 mils. Follow manufacturer’s instructions for cleaning/maintaining PPE. If no such instructions for washables exist, use detergent and hot water. Keep and wash PPE separately from other laundry. Discard clothing and ot her absorbent materials that have been drenched or heavily cont aminated with this product’s concentrate. Do not reuse them. Engineering Controls Statement When handlers use closed systems or enclosed cabs in a manner t hat meets the requirements listed in the Worker Protection Stan dard (WPS) for agricultural pesticides [40 CFR 170.240(d)(4-6)], the handler PPE requirements may be reduced or modified as specified in the WPS. User Safety Recommendations Users should: x Wash hands before eating, drinking, chewing gum, using tobacco or using the toilet. x Remove clothing/PPE immediately if pesticide gets inside. Then wash thoroughly and put on clean clothing. x Remove PPE immediately after handling this product. Wash the o utside of gloves before removing. As soon as possible, wash thoroughly and change into clean clothing. Environmental Hazards This pesticide is toxic to aquatic invertebrates. Do not apply directly to water, to areas where surface water is present or t o intertidal areas below the mean high water mark. Do not make applications when weather conditions favor drift from treated areas. Drift and runoff ma y be hazardous to aquatic organisms in water adjacent to treated areas. Do not contaminate water when disposing of equipment washwater or rinsate. Irrigation water treated with this product may be hazardous to aquatic organisms. This product is highly toxic to bees and other pollinating insects exposed to direct treatment or to residues in/on blooming crops or weeds. Protect pollinating insects by following label directions intended to minimize drift and reduce pesticide risk to these organisms. Ground Water Advisory This chemical has properties and characteristics associated with chemicals detected in ground water. This chemical may leach into ground water if used in areas where soils are permeable, particularly where the water table is shallow. Surface Water Advisory This product may impact surface water quality due to runoff of rain water. This is especially true for poorly draining soils and soils with shallow ground water. This product is classified as having a high potential for reaching surface water via runoff for several months or more after application. A level, well-maintained vegetative buffer strip between areas to which this product is applied and surface water features such as ponds, streams and springs, will reduce the potential for loading of tetraniliprole from run-off water and sediment. Runoff of this product will be reduced by avoiding applications when rainfall is forecasted to occur within 48 hours. Sound erosion control practices will reduce this product’s potential to reach aquatic sediment via runoff. DIRECTIONS FOR USE It is a violation of Federal law to use this product in a manne r inconsistent with its labeling. Do not apply this product in a way that will contact workers or other persons, either directly or through drift. Onl y protected handlers may be in the area during application. For any requirements specific to your State or Tribe, consult the agency responsible for pesticide regulation. Agricultural Use Requirements Use this product only in accordance with its labeling and with the Worker Protection Standard, 40 CFR part 170. This Standard contains requirements for the protection of agricultural workers on farm s, forests, nurseries, and greenhouses, and handlers of agricul tural pesticides. It contains requirements for training, decontamination, notificati on, and emergency assistance. It also contains specific instruc tions and exceptions pertaining to the statements on this label about personal prote ctive equipment (PPE) and restricted-entry interval. The requi rements in this box only apply to uses of this product that are covered by the Worker Protection Standard. Do not enter or allow worker entry into treated areas during the restricted entry interval (REI) of 12 hours following application. PPE required for early entry to treated areas that is permitted under the Worker Protection Standard and that involves contact with anything that has been treated, such as plants, soil, or water, is: coveralls , chemical resistant gloves made of any waterproof material suc h as natural rubber

14 mils, barrier laminate > 14 mils, butyl rubber > 14 mils, nitrile rubber > 14 mils, neoprene rubber > 14 mils, polyethyle n e > 1 4 m i l s , polyvinylchloride (PVC) > 14 mils, or Viton > 14 mils, and shoes plus socks. Product Use Information F4260-7 Insecticide is a soluble concentrate (SC) formulation. The active ingredient contained in F4260-7 Insecticide is active by insect ingestion and some contact activity leading to a rapid cessation of feeding followed by death of the insect.

3 USE RESTRICTIONS x DO NOT apply this product through any type of irrigation system x DO NOT make foliar applications of this product x DO NOT apply this product by air x DO NOT apply by ground within 25 feet of waterbodies such as lakes, reservoirs, rivers, permanent streams, marshes or natural ponds, estuaries, and commercial fish farm ponds. x DO NOT cultivate within 25 feet of the aquatic areas to allow growth of a vegetative filter strip. x This product may only be applied in-furrow using a 3RIVE 3D ap plication system. 3RIVE 3D application system information: F4260-7 Insecticide must be applied with a 3RIVE 3D application system. Refer to the 3RIVE 3D equipment and user manual for information on system operation and calibration. PLANT BACK RESTRICTIONS Immediate plant back: Tuberous and corm vegetables (Crop Subgroup 1C); brassica head and stem vegetables (Crop Group 5-16); corn (field, pop and sweet); fruiting vegetables (Crop Group 8-10); leafy vegetables (Crop Group 4-16); soybeans; tobacco; and cotton (Crop Subgroup 20C). 30-Day plant back: Treated areas may be replanted with any of the following crops 30 days after an application of F4260-7 Insecticide: alfalfa; bulb vegetables (Crop Group 3-07); legume vegetables except soybeans (Crop Groups 6 and 7); cucurbit vegetables (Crop Group 9); cereal grains except corn (Crop Groups 15 and 16); Oilseeds except cotton (Crop Subgroups 20A and 20B). 120-Day plant back: All other crops that are not listed above for Immediate or 30-day plant back cannot be planted until 120 days after an application of F4260-7 Insecticide. Integrated Pest Management FMC supports the use of Integrated Pest Management (IPM) programs to control pests. This product may be used as part of an IPM program, which can include biological, cultural, and genetic practices, aimed at preventing economic pest damage. IPM principles and practices include field scouting or other detection methods, correct target pest identification, population monitoring, rotation of insecticides with different modes-of-action, and treating when target pest populations reach locally determined action thresholds. Consult your state cooperative extension service, professional consultants or other qualified authorities to determine appropriate action treatment threshold levels for treating specific pest/crop or site systems in your area. Scouting Monitor insect populations to determine whether or not there is a need for application of F4260-7 Insecticide based on locally determined economic thresholds and pest management guidelines. More than one treatment of F4260-7 Insecticide may be required to control a population of pests. Insect Resistance Management For resistance management, F4260-7 Insecticide is a Group 28 Insecticide. Repeated and exclusive use of F4260-7 Insecticide (active ingredient tetraniliprole, belonging to the anthranilic diamide class of chemistry), or other Group 28 Insecticide 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 resistance management strategies 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 (same IRAC group number) o n consecutive generations of insect pests. x Apply F4260-7 Insecticide or other Group 28 insecticides 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 period of residual acti vity 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, or about 30 days. x Within the “Group 28 treatment window”, make no more than 2 su ccessive applications of Group 28 insecticides, including F4260-7, unless otherwise directed in the specific crop/pest sections of this label. x Following a “Group 28 treatment window”, rotate to a treatment window of effective products with a different mode of action. This “Non-Group 28 Window” should approximate the duration of one generation of the target pest, or about 30 days. x The total exposure of all Group 28 products applied throughout the crop cycle (from seedling to harvest) should not exceed approximately 50% of the crop cycle or 50% of the total number of insecticide applications targeted for the same pest species. x For short cycle crops (< 50 da ys), the duration of the crop cycle may be considered as the Group 28 “treatment window” as long as no Group 28 insecticides are used during the next crop cycle at the same growing location. x Avoid using less than the labeled rates of F4260-7 Insecticide when applied alone or in tank mixtures.

4 x Target the most susceptible insect life stages, whenever possi ble. x Monitor insect populations for product effectiveness. If resistance to F4260-7 Insecticide develops in your area, F4260-7 Insecticide or other products with a similar mode of action, may not provide adequate control. If poor performance cannot be attributed to improper application or extreme weather conditions, a resistant strain of insect may be present. If you experience difficulty with control and resistance is a reasonable cause, immediately consult your local company representative or agricultural advisor for the best alternate method of control for your area. For additional information on insect resistance monitoring, visit the Insecticide Resistance Action Committee (IRAC) on the web at http://www.irac-online.org. Application Instructions The rate of application within the labeled rate range should be determined according to pest pressure, timing of treatments, and field scouting. Use the lower listed rates under light to moderate pest infestations, and the higher listed rates under heavier pest pressure. Consult your local State Extension Service, professional consultants or other qualified authorities to determine appropriate pest threshold levels in your area. F4260-7 Insecticide must be used only with the 3RIVE 3D application system, which is designed specifically for application of this type of formulation. Do not cultivate within 25 feet of the aquatic areas to allow growth of a vegetative filter strip. Employ the best management practices for minimizing runoff. Mixing Instructions Compatibility Do not mix with any other product unless that product has been specifically designed to work with the F4260-7 Insecticide formulation in the 3RIVE 3D application system. Contact FMC for the list of compatible products to be used with F4260-7 Insecticide in the 3RIVE system. It is the pesticide user’s responsibility to ensure that all products are registered for the intended use. Read and follow the applicable restrictions, limitations, and directions for use on all product labels involved in tank mixing. Users must follow the most restrictive directions for use and precautionary statements of each product in the tank mixture. Specific Crop Directions Tuberous and Corm Vegetables (Crop Subgroup 1C) Includes: arracacha; arrowroot; artichoke (Chinese and Jerusalem); edible canna; cassava (bitter and sweet); chayote (root); chufa; dasheen (taro); ginger; leren; potato; sweet potato; tanier; turmeric; yam bean; true yam Pests Controlled Rate of Application In-Furrow Soil Application Only Colorado potato beetle, European Corn Borer, Potato flea beetle, Wireworm, White grub 6.19 - 12.38 fl oz/A (0.089 - 0.178 lb ai/A) Restrictions x Maximum Amount F4260-7 Insecticide per Application: Do not apply more than 12.38 fl oz/A (0.178 lb ai/A) as an in-furrow application. x Maximum Amount of F4260-7 Insecticide per Calendar Year: Do not apply more than 12.38 fl oz/A/calendar year (0.178 lb ai/A/calendar year) as an in-furrow application. x Do not apply more than 0.178 lb ai/A/calendar year of tetraniliprole regardless of application method (e.g., in-furrow, drip chemigation, foliar, etc.).

5 Soybeans Pests Controlled Rate of Application In-Furrow Soil Application Only Armyworm spp. (Spodoptera), Garden Webworm, Cutworms, Bean Leaf Beetle, Seed corn Maggot, White grub 2.50 - 12.38 fl oz/A (0.036 - 0.178 lb ai/A) Wireworm 1.88 - 12.38 fl oz/A (0.027 - 0.178 lb ai/A) Restrictions x Maximum Amount F4260-7 Insecticide per Application: Do not apply more than 12.38 fl oz/A (0.178 lb ai/A) as an in-furrow application. x Maximum Amount F4260-7 Insecticide per Calendar Year: Do not apply more than 12.38 fl oz/A/calendar year (0.178 lb ai/A/calendar year) as an in-furrow application. x Do not apply more than 0.178 lb ai/A/calendar year of tetraniliprole regardless of application method (e.g., in-furrow, drip chemigation, foliar, etc.). Field Corn, Sweet Corn, and Pop Corn Pests Controlled Rate of Application In-Furrow Soil Application Only Corn Rootworm Larvae * (Diabrotica spp.), White grub, Seedling cutworms, Flea beetle 2.50 - 12.38 fl oz/A (0.036 - 0.178 lb ai/A) Wireworm 1.88 - 12.38 fl oz/A (0.027 - 0.178 lb ai/A)

• In areas where large corn rootworm populations are present, a multi-approach system may be needed for optimal pest management. However, if the population level is not known and if a corn rootworm adult scouting program along with threshold adult control measure were not completed during the previous growing season, then utilize a maximum dosage seed treatment program or genetically modified corn rootworm resistant hybrid in addition to F4260-7 Insecticide. Restrictions x Maximum Amount F4260-7 Insecticide per Application: Do not apply more than 12.38 fl oz/A (0.178 lb ai/A) as an in-furrow application. x Maximum Amount F4260-7 Insecticide per Calendar Year: Do not apply more than 12.38 fl oz/A/calendar year (0.178 lb ai/A/calendar year) as an in-furrow application. x Do not apply more than 0.178 lb ai/A/calendar year of tetraniliprole regardless of application method (e.g., in-furrow, drip chemigation, foliar, etc.).

6 STORAGE AND DISPOSAL Do not contaminate water, food or feed by storage or disposal. Pesticide Storage: If storing this product below freezing, user should shake or roll the container to ensure proper product consistency. 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 containers. After partial use, replace lids and close tightly. Do not put concentrate or dilute material into food or drink containers. In case of spill, avoid contact, isolate area and keep out animals and unprotected persons. Confine spills. Call CHEMTREC: 1-800-424-9300. To confine spill: If liquid, dike surrounding area or absorb with sand, cat litter or commercial clay. If dry material, cover to prevent dispersal. Place damaged package in a holding container. Identify contents. Pesticide Disposal: Pesticides wastes are toxic. Improper disposal or excess pesticide, spray mixture, or rinsate is a violation of Federal law. If these wastes cannot be disposed of by use according to label instructions, contact your State Pesticide or Environmental Control Agency, or the Hazardous Waste representative of the nearest EPA Regional Office for guidance. Container Handling: Plastic Container: Non-refillable container (in sizes 5 gallons or less): Do not reuse or refill this container. Triple rinse as follows: Empty the remaining contents into application equipment or mix tank and drain for 10 seconds after flow begins to drip. Fill the container ¼ full with water and recap. Shake for 10 seconds, pour rinsate into application equipment or mix tank or store rinsate for later use or disposal. Drain for 10 seconds after flow begins to drip. Repeat this procedure two more times Then offer for recycling if available, or reconditioning, or puncture and dispose of in a sanitary landfill, or by other procedures approved by State and local authorities. Do not cut or weld metal containers. [OR] Plastic Container: Non-refillable container (in sizes greater than 5 gallons): Do not reuse or refill this container. Triple rinse or pressure rinse. Triple rinse as follows: Empty the remaining contents into application equipment or a mix tank. Fill the container ¼ full with water. Replace and tighten closures. Tip container on its side and roll it back and forth, ensuring at least one complete revolution, for 30 seconds. Stand the container on its end and tip back and forth several times. Turn the container over onto its other end and tip back and forth several times. Empty the rinsate into application equipment or a mix tank or store rinsate for later use or disposal. Repeat this procedure two more times. Pressure rinse as follows: Empty the remaining contents into application equipment or a mix tank and continue to drain for 10 seconds after the flow begins to drip. Hold container upside down over application equipment or mix tank or collect rinsate for later use or disposal. Insert pressure rinsing nozzle in the side of the container and rinse at about 40 PSI for at least 30 seconds. Drain for 10 seconds after the flow begins to drip. [OR] For All Returnable/Refillable Containers: Refillable container. Refill this container with tetraniliprole only. Do not reuse this container for any other purpose. Cleaning the container before final disposal is the responsibility of the person disposing of the container. Cleaning before refilling is the responsibility of the refiller. To clean the container before final disposal, empty the remaining contents from this container into application equipment or mix tank. Fill the container about 10% full with water. Agitate vigorously or, for larger containers, recirculate water with the pump for 2 minutes. Pour or pump rinsate into application equipment or rinsate collection system. Repeat this rinsing procedure two more times. Prior to refilling, inspect carefully for damage such as cracks, punctures, abrasions, worn out threads, and closure devices. Check for leaks after refilling and before transporting. Do not transport if container is damaged or leaking. If the container is damaged, leaking, or obsolete, or in the event of a major spill, fire or other emergency, contact CHEMTREC (Transportation and Spills) at 1-800-424-9300, day or night.

7 NOTICE TO BUYER— Purchase of this material does not confer any rights under patents of countries outside of the United States. FMC is a trademark of FMC Corporation © 2021 FMC Corporation. All rights reserved. DR-4133 020421-R1 FMC Corporation, 2929 Walnut Street, Philadelphia, PA 19104 © 2021 FMC Corporation. All rights reserved. CONDITIONS OF SALE AND LIMITATION OF WARRANTY AND LIABILITY Notice: Read the entire Directions for Use and Conditions of Sale and Limitation of Warranty and Liability before buying or using this product. If the terms are not acceptable, return the product at once, unopened, and the purchase price will be refunded. The Directions for Use of this product must be followed carefully. It is impossible to eliminate all risks inherently associated with the use of this product. Crop injury, ineffectiveness, or other unintended consequences may result because of such factors as manner of use or application, weather or crop conditions beyond the control of FMC or Seller. To the extent consistent with applicable law, all such risks shall be assumed by Buyer and User, and, to the extent consistent with applicable law, Buyer and User agree to hold FMC and Seller harmless for any claims relating to such factors. Seller warrants that this product conforms to the chemical description on the label and is reasonably fit for the purposes stated on the Directions for Use when used in accordance with the directions under normal conditions of use. TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, FMC MAKES NO WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, NOR ANY OTHER EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SELECTION, PURCHASE, OR USE OF THIS PRODUCT. Any warranties, express or implied, having been made are inapplicable if this product has been used contrary to label instructions, or under abnormal conditions, or under conditions not reasonably foreseeable to (or beyond the control of) Seller or FMC, and, to the extent permitted by applicable law, Buyer assumes the risk of any such use. To the extent consistent with applicable law, FMC or Seller shall not be liable for any incidental, consequential or special damages resulting from the use or handling of this product. TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, THE EXCLUSIVE REMEDY OF THE USER OR BUYER, AND THE EXCLUSIVE LIABILITY OF FMC AND SELLER FOR ANY AND ALL CLAIMS, LOSSES, INJURIES OR DAMAGES (INCLUDING CLAIMS BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE) RESULTING FROM THE USE OR HANDLING OF THIS PRODUCT, SHALL BE THE RETURN OF THE PURCHASE PRICE OF THE PRODUCT OR, AT THE ELECTION OF FMC OR SELLER, THE REPLACEMENT OF THE PRODUCT. This Conditions of Sale and Limitation of Warranty and Liability may not be amended by any oral or written agreement.