crop-chem-docs/corpus/epa_ppls/33270-37.md

OPTIFY

• EPA Reg No: 33270-37
• Registrant: WINFIELD SOLUTIONS, LLC
• Signal word: Caution
• Active ingredients: Complex Polymeric Polyhydroxy Acids (CPPA) (0.18%)
• Label accepted: 2018-01-17
• Source PDF: https://www3.epa.gov/pesticides/chem_search/ppls/033270-00037-20180117.pdf

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460

OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION January 17, 2018

Diana Williams Regulatory Specialist Winfield Solutions, LLC P.O. Box 64589 St. Paul, MN 55164-0589

Subject: Labeling Notification pe r Pesticide Registration Notice (PRN) 98-10 – Minor changes such as emergency numbers, cor rection of typographical errors, deletion of redundant words, and changes made to the warranty statement Product Name: OPTIFY EPA Registration Number: 33270-37 Application Date: 8/7/2017 OPP Decision Number: 532252

Dear Diana Williams:

The U.S. Environmental Protection Agency (EPA) is in receipt of your application for notification under Pesticide Registration Notice (PRN) 98-10 for the above referenced product. The Biopesticides and Pollution Prevention Division (BPPD) has conducted a review of this request for its applicability under PRN 98-10 and finds that the action requested falls within the scope of PRN 98-10.

The labeling submitted with this application has been stamped “Notification” and will be placed in our records. You must submit one (1) copy of the final printed labeling with the modifications.

Should you wish to add/retain a reference to your company’s website on your label, then please be aware that the website becomes labeling under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and is subject to review by the EPA. If the website is false or misleading, the product will be considered to be misbranded and sale or distribution of the product is unlawful under FIFRA section 12(a)(1)(E). 40 CFR § 156.10(a)(5) lists examples of statements the 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 EPA 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 Assurance.

If you have any questions, please contact Sandra Owusu-Ansah of my team by phone at 703-347-0350 or via email at owusu-ansah.sandra@epa.gov.

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S i n c e r e l y ,   A n d r e w B r y c e l a n d , T e a m L e a d e r B i o c h e m i c a l P e s t i c i d e s B r a n c h Biopesticides and Pollution Prevention Division (7511P) Office of Pesticide Programs

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OPTIFY™® Plant Growth Regulator For field or greenhouse use on vegetables, fruits, nuts, vine crops, fieldcrops, ornamentals, and turf to stimulate root and shoot growth when used alone or in mixtures with other pesticide products. ACTIVE INGREDIENT: Complex Polymeric polyhydroxy acids............................... ..................................................... 00.18% OTHER INGREDIENTS:............ ....... ............................................................... ..................... 99.82% TOTAL........................................................................................................................................ 100.00% KEEP OUT OF REACH OF CHILDREN CAUTION READ ENTIRE LABEL BEFORE USING

FIRST AID I F I N EYES: • 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 eye. • CaII a poison control center or doctor for treatment advice. IF ON SKIN OR CLOTHING: • Take off contaminated clothing. • Rinse skin immediately with plenty of water for 15-20 minutes. • 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 goingfortreatment. You mayalso contact the National Product Safety Hotline 1-866-359-5667 day ornight, 1- 877-424-7452 foremergency medicaltreatment information. PRECAUTIONARY STATEMENTS Hazards to Humans and Domestic Animals CAUTION Caution: May cause slight eye irritation. Avoid contact with skin, eyes or clothing. Wear goggles or face shield when handling concentrate. After product is diluted in a ccordance with the directions for use, goggles or face shield are not required. Wear appropriate perso nal protective equipment (PPE). Wash thoroughly with soap and water after handling and before eating , drinking, chewing gum, using tobacco or using the toilet. Remove contaminated clothing and wash before reuse. SEE BOOKLET FOR ADDITIONAL PRECAUTIONARY STATEMENTS, COMPLETE D IRECTIONS FOR USE, WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

EPA Reg. No. 33270-37 EPA Est. No.: MANUFACTURED FOR BY: United Suppliers, Inc. Net Contents: One Gallon/ 3.78 liters (8.45 lbs /3.84kg) 30473 260th St Eldora, IA 50627 Winfield Solutions, LLC P.O. Box 64589 St. Paul, MN 55164-0589 1/0505/7 33270-37 1/17/2018

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PERSONAL PROTECTIVE EQUIPMENT (PPE) Applicators and other handlers must wear: • Long-sleeved shirt and long pants • Shoes and socks. • Waterproof gloves • Protective eyewear. Follow manufacturer's instructions for cleaning/maintaining PRE PPE. If no such instructions exist for washables, use detergent and hot water. Keep and wash PRE PPE separately from other laundry. USER SAFETY RECOMMENDATONS: Users should: • Remove clothing immediately if pesticide gets inside. • Remove PPE immediately afterhandling this product. Wash theoutside ofgloves before removing.As soonas possible, washthoroughly andchange intocleanclothing. ENVIRONMENTAL HAZARDS For terrestrial uses, do not apply directly to water, or to areas where surf ace water is present or to intertidal areas below the mean high water mark. Do not contaminate water w h e n disposing of equipment wash waters or rinsate. USE INFORMATION Optify is a broad-spectrum plant growth regulator. for use on field or gree nhouse crops, fruits, nuts, vines and ornamentals. Optify may be applied in liquid sprays, with irriga tion, or impregnated on fertilizer granules. Optimum growth effects are achieved when the produc t is applied on a regular scheduled application program. Since all combinations or sequences of foliar pesticide and nutrient appl ications including surfactants and adjuvants have not been tested, before wide spread application, test a small area to be sprayed first to make certain that no phytotoxicity occurs. Read the entire label before using Optify. Consult your State Agricultura l Experimental Station or Extension Service Specialist for additional information on applicatio n timing, rates and any additional requirementsorrestrictions. DIRECTIONS FOR USE It is a violation of Federal law to use this product in a manner inconsistent with its labeling. Do not apply this product in a way that will contact workers or other persons , either directly or through drift. For any requirements specific to your State or Tribe, consult the St ate or Tribal agency responsible for pesticide regulation.

AGRICULTURAL USE REQUIREMENTS Use this product only in accordance with its labeling and with the Worker P rotection Standard, 40 CFR Part 170. This standard contains requirements for the protection of ag ricultural workers on farms, forests, nurseries, and contains requirements for training, d econtamination, notification, and emergency assistance. It also contains specific instructions and exceptions perta ining to the statements on this label about personal protective equipment (PPE), and restricted-entry interval. The requirements in this box only apply to uses of this product that are cove red by the Worker Protection Standard. Do not enter or allow worker entry into treated areas during the restricte d entry interval (REI) of 4 hours. PPE required for early entry to treated areas that is permitted under the Wo rker Protection Standard and that involves contact with anything that has been treated, su ch as plants, soil, or

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water is: • Coveralls • Chemical-resistant gloves made of any waterproof material • Shoes and socks • P·rotective eyewear

NON-AGRICULTURAL USEREQUIREMENTS The requirements -in this box apply to uses of this product that are NOT with in the scope of the Worker Protection Standard for agricultural pesticides (40 CFR Part17 0). The WPS applies when this product is used to produce agricultural plants on farms, forests, nurser ies, or greenhouses. Keep unprotected persons out of treated area until sprays have dried. FOLIAR AND SOIL APPLICATION INSTRUCTIONS Optify is a broad spectrum biopesticide to improve germination and seedl ing development, stimulate root and shoot growth, increase chlorophyll content, improve plant ability to withstand stress, and increase yields when used alone or in mixtures with nutrients and other pesticide pr oducts on field crops; vegetables, fruits, nuts, vine crops, turf and ornamentals. For all crops, apply Optify at a rate of 3 to 12 ounces per acre unless otherwi se specified on this label. Refer to the Foliar and Soil Application Use Rates for Outdoor and G reenhouse Crops section of this label for specific soil and foliar application use rate and timing inf ormation. Applications can begin prior to planting for soil applications and contin ue as long as plants are still in the vegetative stage. Foliar applications may begin when plants reach or sur pass the 4-leaf stage of development. For best results, apply Optify before leaf hardening. Repeat applications no sooner than every 7 days. Optify is effective for u se in programs where repeated applications throughout the growing season are necessary. If no t applied on a routine spray schedule, apply Optify alone or in combination with appropriate fertiliz ers and pesticides.

Do not make foliar applications when conditions favor drift from target a rea or wind speed is greater than 1O mph. Spray equipment must be cleaned thoroughly before and after applications. MIXING INSTRUCTIONS For foliar applications, be sure the sprayer is clean and not contaminated with other materials prior to use. When using an agitated spray tank fill tank 1/2 to 3/4 full with clean wa ter and start agitation. Be certain that the agitation system is working properly. With the agitator r unning add the required amount of Optify to the tank. If tank mixing with other materials, add them to the ta nk and continue agitation. Continue filling tank with the remainder of the water. Agitate until mixe d thoroughly and avoid excessivefoaming.Mixasneeded. Donotstoredilutedmaterialovernigh t. For granular applications, Optify is applied to provide uniform coverage of all granules. In cases where the amount of fertilizer per acre is less than 100 pounds, Optify sho uld be applied to a small amount of fertilizer to ensure that it will not cause the fertilizer to cak e. COMPATIBILITY Optify is compatible with most commonly used agricultural pesticides. I f compatibility is in question, use the compatibility jar test before mixing a whole tank. Dilute Optify to its use rate and then with stirring add the other components in the appropriate amounts. If precipitation, ge lation, or sedimentation occurs, do not use the combination' of pesticides. Because of the wide vari ety of possible combinations that can be encountered, observe all precautions and limita tions on the label of all products used in mixtures.

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SPRINKLER IRRIGATON SYSTEM APPLICATION Apply this product only through drip, microjet, lateral move, end tow, sid e (wheel) roll, hand move, solid set and center pivot irrigation systems. Do not apply this product th rough any other type of irrigation system. Use standard tank agitation when mixing Optify alone o r with other pesticides. Fill the tank halfway with water, begin agitation and add Optify, other tank mix pes ticides or fertilizers and fill with water. Preparation of Injection Equipment: Remove pesticide, scale residues an d other foreign matter from the chemical tank and entire · injection system. Flush with clean water. Set the sprinkler system to deliver 0.1 to 0.3 inch of water per acre. Start the sprinkler system and uniformly inject the solution of Optify into the irrigation water line. In ject the Optify solution with a positive displacement pump into the main line before a right angle turn to e nsure adequate mixing. If you have questions about calibration, you should contact Sta te Extension Service specialists, equipment manufacturers or other experts. Crop injury or lack of effectiveness in the crop can result from non-unifor m distribution of treated water. A person with knowledge of the chemigation system and responsible for its operation, or under the supervision of the responsible person, shall shut down and make neces sary adjustments should the need arise. The system must contain a functional check valve, vacuum re lief valve, and low- pressure drain appropriately located on the irrigation pipeline to prev ent water source contamination from backflow. When applying Optify using microjet and drip irrigation systems avoid fur ther irrigation after the treatment has been completed for 24 to 48 hours. When applying Optify using solid set, hand move and center pivot irrigatio n systems avoid further irrigation of the treated area until the foliage is dry to prevent washing t he product from the crop. When applying Optify using a continuously moving system, such as lateral m ove, or side (wheel) roll system, inject this product-water mixture continuously, applying the la beled rate per acre for that crop. When applying Optify through stationary or non-continuous moving syste ms, inject the product-water mixture in the last 15-30 minutes of each set allowing sufficient time for a ll the required pesticide to be applied by all the sprinkler heads and applying the labeled rate per acre for that crop. Apply Optify continuously for the duration of the water application. Information and Instructions for Irrigation Systems: Do not connect an irrigation system (including greenhouse systems) used for pesticide application to a publi c water system unless the pesticide label-prescribed safety devices for public water systems are in place. Public system means a system for the provision to the public of piped water f or human consumption if such system has at least 15 service connections or regularly serves an av erage of at least 25 individuals daily at least 60 days out of the year. Irrigation systems connected to public water systems must contain a funct ional, reduced-pressure zone (RPZ), backflow preventer or the functional equivalent in the water s upply line upstream from the point of pesticide introduction. As an option to the RPZ, the water fro m the public water system should be discharged into a reservoir tank prior to pesticide introducti on. There shall be a complete physical break (air gap) between the outlet end of the fill pipe and the top o ro v e r f l o wr i mo ft h e reservoir tank of at least twice the inside diameter of the fill pipe.

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The system must contain a functional check valve, vacuum relief valve, and low pressure drain appropriately located on the irrigation pipeline to prevent water sourc e contamination from backflow. The pesticide injection pipeline must contain a functional, automatic, q uick-closing check valve to prevent the flow of fluid back toward the injection pump. The pesticide inj ection pipeline must also contain a functional, normally closed, solenoid-operated valve located on the intake side of the injection pump and connected to the system interlock to prevent fluid fro m being withdrawn from the supply tank when the irrigation system is either automatically or manuall ys h u td o w n .T h es y s t e m must contain functional interlocking controls to automatically shut off the pesticide injection pump when the water pump motor stops, or in cases where there isno water pump, whe nt h ew a t e rp r e s s u r e decreases to the point where pesticides distribution is adversely affect ed. Systems must use a metering pump, such as a positive displacement injection pump (e.g., diap hragm pump) effectively designed and constructed of materials that are compatible with pesticide s and capable of being fitted with a system interlock. For drip (trickle) irrigation: The irrigation line or water pump must include a functional pressure switch which will stop the water pump motor when the water pressure decreases to the pointwhere pesticide distribution is adversely affecte d. FOLIAR AND SOIL APPLICATION USE RATES FOR OUTDOOR AND GREENHOUSE CROPS For all crops, Optify can be applied to the soil or to the foliage. Use rates range from 3 to 12 ounces per acre for soil and foliar applications· depending upon the application method, product placement and timing. Refer to the Foliar applications and Soil applications directions hereafter for use rate and timing information. .. Foliar applications: Optify may be applied directly to the foliage of actively growing plants at a minimum rate of 6 ounces per acre in a minimum spray volume of 5 gallons pe ra c r e . O p t i f ym a yb e applied with all nutrient products and pesticides, but provides best resu lts when applied with nutrients.

Soil applications (including irrigation): Optify works best when soil applications are made with fertilizer or nutrient products and can be applied with liquid or granular formulations. Rates will depend upon the formulation and placement of the product. Rates are as fol lows:

1. Impregnated on granules:Apply Optify at a rate of 8 to 12 ounces per acre.
2. Applied with liquid fertilizer at planting: Apply Optify at 5 to 8 ounces per acre. Recommended rates are 6 ounces per acre when applied in-furrow and 8 ounces per acre when applied in an off-set fertilizer band, such as 2 by 2 placement. For broadcast, side dress, or top dress applications, apply at 8 to 12 ounces per acre. Recommended rates for side dress applications are 8 ounces when th e side dress band is close to the row (within 4 inches), 10 ounces when the band is mo re than 4 inches and less than 10 inches from the row, and 12 ounces when the side dr ess band is more than 10 inches from the row.
3. For all applications through an irrigation system, apply at 8 ounces per a cre. FOR CEREAL GRAINS, VEGETABLE CROPS, AND OTHER AGRONOMIC CROPS: Apply a minimum rateof 6 ounces of Optify in a minimum of 5 gallons finished spray pe r acre when applied as a foliar spray. For soil applications, a rate of 5 to 12 ounces per acre is r ecommended, depending upon the application method,product placement and timing. Specific Use Restrictions: Do not apply more than 12 ounces per acre per application. Do not apply more than 24 ounces per acre per season. Do not make post-harvest app lications. PHI: 0 days.

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Cereal Grains, including: Barley, Buckwheat, Com (sweet and field), Millet, Oats, Popcorn, Rice, Rye, Sorghum, Triticale, Wheat, Wild rice Cucurbit and Fruiting Vegetables, including: Cucumber, Eggplant, Gherkin, Muskmelon, Okra, Pepper, Pumpkin, Squash, Tomato, Watermelon Leafy Vegetables, including: Arugula, Cardoon Celery, Chinese Celery, Chervil, Cilantro, Endive, Fennel, Lettuce, Orach, Parsley, Purslane, Radicchio, Rhubarb, Spinach, Swiss Chard Brassica (Cole) Leafy Vegetables including: Broccoli, Broccoli Raab, Brussel Sprouts, Cabbage, Chinese Cabbage (Boc Choy), Chinese Cabbage (Napa), Chinese Mustard Cab bage (Gai Choy), Cauliflower, Collards, Kale, Kohlrabi, Mustard Greens, Mustard Spinach Legume Vegetables, including: Beans, · Broad bean, Chickpea, Lentil, Peas, Soybean Root, Tuber and Bulb Vegetables, including: Beet (garden and sugar), Carrot, Cassava, Celeriac, Chayote, Chervil, Chicory, Garlic: Ginger, Ginseng, Horseradish, Leek , Onion, Parsley root, Potato, Radish, Rutabaga, Salsify, Shallot, Sweet potato, Turnip, Yam Other Agronomic Crops, including: Artichoke, Asparagus, Coffee, Cotton, Grass grown for seed, Hops, Industrial hemp, Jojoba, Papaya, Pistachio, Sesame, Sunflower, T ea, Mint, Spearmint FOR FRUIT, NUT, BERRY AND VINE CROPS: Apply a minimum rate of 6 ounces of Optify in a minimum of 25 gallons finished spray per acre when applied as a foliar spray . For soil applications, a rate of 5 to 12 ounces per acre is recommended, depending upon the applicati on method, product placement and timing. Specific Use Restrictions: Do not apply more than 12 ounces per acre per application. PHI: 0 days. Berries and Vine Crops, including: Blackberry, Blueberry, Cranberry, Elderberry, Gooseberry, Grape, Huckleberry, Loganberry, Raspberry, Strawberry Citrus, including: Grapefruit, Lemon, Lime, Mandarin, Orange, Pummelo, Tangerine Nut Crop, including: Almond, Beech nut, Brazil nut, Butternut, Cashew, Chestnut, Chinquapin, Filbert, Hickory, Macadamia, Pecan, Pistachio, Walnut, Pome Fruit, including: Apple, Crabapple, Loquat, Mayhaw, Pear, Quince Stone Fruit, including: Apricot, Cherry, Nectarine, Peach, Plum, Prune, Plumcot FOR ORNAMENTAL CROPS (including broad/eat shrubs and trees, flowering plants and bulbs, and foliage plants): apply a minimum rate of 6 ounces of Optify in a minimum of 25 gallons finished spray per acre when applied as a foliar spray. For soil applications, a rate of 5 to 12 ounces per acre is recommended, depending upon the application method, product placement a nd timing. Specific Use Restrictions: Do not apply more than 12 ounces per acre per application. Do not apply more than 24 ounces per acre per season. IMPORTANT NOTE: Plant sensitivities to Optify 500 have been found to be acceptable for pl ants listed on this label; however, it is impossible to know sensitivities under all co nditions and phytotoxicity may occur. The user must determine if Optify 500 can be used safely prior to larg e-scale commercial use. In a small area, apply the listed rates to the plants in question, i.e. f oliage, fruit, etc., and observe for 7-10 days for symptoms of phytotoxicity prior to large-scale commercial use. Do not apply foliar sprays to open blooms of Geranium, Marigold, Pansy, and Petunia.

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Broadleaf Shrubs and Trees: Andromeda, Ash, Aspen, Azalea, Buckeye, Camellia, Cherry Laurel, Crabapple, Dogwood, Eucalyptus, Euonymus, Firethorn, Flowering almond , Flowering cherry, Flowering peach, Flowering plum, Flowering quince, Hawthorn, Holly, Laurel, Lilac, Magnolia, Mapl e, Oak, Poplar, Privet, Red- tip, Rhododendron, Sequoia, Spirea, Sycamor e, Viburnum, Walnut Flowering Plants and Bulbs: African violet, Begonia, Carnation, Chrysanthemum, Crocus, Daffodil, Daisy, Geranium*, Gladiolus, Hollyhock, Hydrangea, Iris, Lily, Marigold*, Narcissus, Pansy*, Petunia*, Phlox, Rose, Statice, Zinnia *NOTE: Do not apply foliar sprays of Optify to open blooms of these species. Foliage plants: Aglaonema, Artenesia, Boston fern, Dracaena, Dumbcane, Fatsia, Ficus, L eatherleaf fern, Lipstick plant, Ming aralias, Oyster plant, Pachysandra, Palm, Parlor palm, Pepe romia, Philodendron, Prayer plant, Ruffle fern, Syngonium, Zebra plant STORAGE AND DISPOSAL Donotcontaminate water,food, o·rfeed by storage anddisposal. Storage: Keep pesticide in original container. Keep container tightly closed when not in use. Store product above 40°F. Do not store in aluminum, fiberglass, copper, brass, z inc, or galvanized containers. Protect from excessive heat. Store in a cool, dry place. Pesticide Disposal: Wastes resulting from the use of this product may be disposed of on site or at an approved waste disposal facility. Container Handling: Non-refillable container. Do not reuse or refill this container. Triple r inse (or equivalent) promptly after emptying. For containers less than five gallons triple rinse as follows: Empty remaining contents into application equipment or mix tank and drai n for 10 seconds after flow begins to drip. Fill container 1/4 full with water and recap. Shake for. 10 s econds. Pour rinsate into application equipment or mix tank or store rinsate for later disposal. Dra in for 1O seconds after flow begins to drip. Repeat this procedure two more times. For containers greater than five gallons triple rinse as follows: Empty remaining contents into application equipment o r mix tank. Fill the container 1/4 full with water. Replace and tighten closures. Tip the container on its side and roll it back and forth, ensuring at least one complete revolution, for 30 seconds. Stand co ntainer on its end and tip back and forth several times. Turn the container over onto its other end and tip it back and forth several times. Empty the rinsate into application equipment or mix tank or store rinsate for later use or disposal. Repeat the procedure two more times. Then offer for recycling or reconditioning, or puncture and or dispose of in a sanitary landfill, or incineration, or if al lowed by state and local authorities by burning. If burned, stay out of smoke. FOR CHEMICAL EMERGENCY: Spill, leak, fire, exposure, or accident, call CHEMTREC 1-800-424-9300 LIMITED WARRANTY AND DISCLAIMER The directions for use of this product are believed to be adequate and must b e followed carefully. The use of this product is beyond the control of the manufacturer, and, therefo re, to the extent consistent with applicable law, no warranty, representation, or guarant ee of any kind, expressed or implied, is made as to the effects of such use or any results obtained if n ot used in accordance with printed directions and established safe practice or if unusual or extraor dinary weather conditions occur. To the extent consistent with applicable law, the buyer's exclusiv e remedy and manufacturer's or seller's exclusive liability· in tort or otherwise, shall be limited, at t he manufacturer's option, to replacement of, or the repayment of the purchase price for, the quantity of product with respect to which damages are claimed. WARRANTY DISCLAIMER 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 “A S IS” BY MANUFACTURER OR SELLER AND (2) MANUFACTURER AND SELLER MAKE NO W ARRANTIES,

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GUARANTEES, OR REPRESENTATIONS OF ANY KIND TO BUYER OR USER, EI THER EXPRESS OR IMPLIED, OR BY USAGE OF TRADE, STATUTORY OR OTHERWISE, WITH REGARD TO THE PRODUCT SOLD, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY, FI TNESS FOR A PARTICULAR PURPOSE, USE, OR ELIGIBILITY OF THE PRODUCT FOR ANY PARTICULAR TRADE USAGE. UNINTENDED CONSEQUENCES, INCLUDING BUT NOT LIMITED TO INEFFECTIVENESS, MAY RESULT BECAUSE OF SUCH FACTORS AS THE PRESENCE OR ABSENCE O F OTHER MATERIALS USED IN COMBINATION WITH THE GOODS, OR THE MANNER OF USE OR APPLICATION, INCLUDING WEATHER, ALL OF WHICH ARE BEYOND THE CON TROL OF MANUFACTURER OR SELLER AND ASSUMED BY BUYER OR USER. THIS WRIT ING CONTAINS ALL OF THE REPRESENTATIONS AND AGREEMENTS BETWEEN BUYER, MANUFA CTURER AND SELLER, AND NO PERSON OR AGENT OF MANUFACTURER OR SELLER HAS AN Y 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 D AMAGES, OR FOR DAMAGES IN THE NATURE OF PENALTIES RELATING TO THE GOODS SOLD, INCLUDING USE, APPLICATION, HANDLING, AND DISPOSAL. MANUFACTURER OR SELLER SH ALL NOT BE LIABLE TO BUYER OR USER BY WAY 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 RISING 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 ASSUM ED BY THE BUYER, USER, OR ITS CUSTOMERS. BUYER’S OR USER’S EXCLUSIVE REM EDY, 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.

[BatchCode/LotNumber:______] Optify is a registered trademark of Winfield Solutions, LLC