crop-chem-docs/corpus/epa_ppls/2935-554.md

BASE CAMP MCP ESTER

• EPA Reg No: 2935-554
• Registrant: WILBUR-ELLIS COMPANY LLC
• Signal word: Caution
• Active ingredients: MCPA, 2-ethylhexyl ester (69.7%)
• Label accepted: 2019-03-21
• Source PDF: https://www3.epa.gov/pesticides/chem_search/ppls/002935-00554-20190321.pdf

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March 21, 2019 Subject: Dear Ms. Downs: If you have any questions, please contact me at ondish.mindy@epa.gov or at (703)605-0723. Sincerely, Noti&a(iou Label Acceptable v.20150904 The label submitted with die application has been stamped “Notification” and will be placed in our records. Mindy Ondish Acting Product Manager 23 Herbicide Branch Registration Division (7505P) Office of Pesticide Programs OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION The Agency is in receipt of your Application for Pesticide Notification under Pesticide Registration Notice (PRN) 98-10 for the above referenced product. The Registration Division (RD) 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. 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 (FIFRA) and is subject to review by the Agency. If the website is false or misleading, die 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 througli the registration process. Therefore, should die Agency find or if it is brought to our attention that a website contains false or misleading statements or claims substantially differing from die EPA approved registration, the website will be referred to the EPA’s Office of Enforcement and Compliance. Notification per PRN 98-10 - update net contents and change company logo Product Name: Base Camp MCP Ester EPA Registration Number: 2935-554 Application Date: July 27, 2018 Decision Number: 549228 Anne Downs Senior Registration Specialist Wilbur-Ellis Company, LLC 2903 S. Cedar Ave. Fresno, CA 93725 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, DC 20460

GROUP4 HERBICIDES I® » new product logo GROUP4old product logo ■•■Contains petroleum distillates. EPAREG. NO. 2935-554 EPAEST. NO. 228-IL-001 If swallowed: If inhaled; If on skin; If in eyes: CAMP ACTIVE INGREDIENT: 2-ethylhexyl ester of 2-methyl-4-chlorophenoxyacetic acid* OTHER INGREDIENTS^: ....................................................... TOTAL .................................................................................... ....69.7% ..30.3% 100.0% HERBICIDE FOR SELECTIVE CONTROL OF CERTAIN WEEDS IN WHEAT, OATS, BARLEY, RYE, GRASSLAND AND IN NON-CROP AREAS BAB MCPES ACTIVES ‘Equivalent to 44.7% of 2-methyl-4-chlorophenoxyacetic acid isomer specific of not less than 3.7 pounds of 2-methyl-4-chlorophenoxyacetic acid isomer specific per gallon at 68°F. Isomer specific by AOAC Method. NOTIFICATION 2935-554 'I Ilf npp-licanr li-as certified ihat nc^ changes, other than ihi-fse rcptutcd to the Agenc}’ hflve been ri the labeling. ‘Ibie Agency ackncwlcc^s this nfJtiFicatirm by leetcr dated: 03/21/2019 KEEP OUT OF REACH OF CHILDREN CAUTION FIRST AID ___________________________________ • Immediately call a poison control center or doctor. • Do not induce vomiting unless told to do so by a poison control center or doctor. • Do not give any liquid to the person. • Do not give anything by mouth to an unconscious person.________ • Move person to fresh air. •If person is not breathing, call 911 or an ambulance, then give artificial respiration, preferably by mouth- to-mouth, if possible. • Call a poison control center or doctor for further treatment advice.________________ • 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.______________________ • 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. • Call a poison control center or doctor for treatment advice.______________________ Have the product container or label with you when calling a poison control center or doctor, or going for treatment. You may also contact EMERGENCYTELEPHONE NUMBERS: (800)424-9300 CHEMTREC (transportation and spills) (800) 222-1222 POISON CONTROL CENTER (human health) (888)426-4435 ASPCA (animal health)___________________________________________________ NOTE TO PHYSICIAN: Contains petroleum distillate - vomiting may cause aspiration pneumonia. HERBICIDE BASE CAM MCP ESTER WILBUR-ELLIS ’ Ideas to Grow With’

See engineering controls for additional requirements. USERSAFETY RECOMMENDATIONS Users should; This chemical has properties and characteristics associated with chemicals detected in groundwater. The use of this chemical in areas where soils are permeable, particularly where the water table is shallow, may result in groundwater contamination. Follow manufacturer’s instructions for cleaning/maintaining PRE. If no such instructions for washables exist, use detergent and hot water. Keep and wash PRE separately from other laundry. When handlers use closed systems, enclosed cabs, or aircraft in a manner that meets the requirements listed in the Worker Protection Standard (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 • Wash hands before eating, drinking, chewing gum, using tobacco or using the toilet. • Remove clothing/PPE immediately if pesticide gets inside. Then wash thoroughly and put on clean clothing. • Remove PPE immediately after handling this product. Wash the outside of gloves before removing. As soon as possible, wash thoroughly and change into clean clothing. Mixers, loaders, applicators, flaggers and other handlers must wear; • Long-sleeved shirt and long pants, • Chemical-resistant gloves such as barrier laminate, nitrile rubber >14 mils, neoprene rubber >14 mils or viton >14 mils. • Shoes plus socks Additional PPE requirements for mixers and loaders supporting aerial application to rangelands, pasture lands, or noncropland. These mixers/ loaders also must wear; • A chemical-resistant apron, and • A NIOSH-approved particulate respirator with any N, R or P filter with NIOSH approval number prefix TC-84A; or a NIOSH approved powered air purifying respirator with HE filter with NIOSH approval number prefix TC-21C. It is recommended that the respirator wearer be fit tested, and trained in the use, maintenance, and limitations of the respirator. PERSONAL PROTECTIVE EQUIPMENT (PPE) Some materials that are chemical-resistant to this product are listed below. ENGINEERING CONTROLS Pilots must use an enclosed cockpit that meets the requirements listed in the WPS for agricultural pesticides [40 CFR 170.240(d) (6)]. ENVIRONMENTAL HAZARDS This pesticide is toxic to fish, aquatic invertebrates, and aquatic plants. Do not apply directly to water, or to areas where surface water is present or to intertidal areas below the mean high water mark. Do not contaminate water when disposing of equipment washwaters or rinsate. Drift and runoff maybe hazardous to aquatic organisms in water adjacent to treated areas. Runoff of this product will be reduced by avoiding applications when rainfall is forecasted to occur within 48 hours. PRECAUTIONARY STATEMENTS HAZARDS TO HUMANS AND DOMESTIC ANIMALS CAUTION Harmful if swallowed, inhaled or absorbed through skin. Causes moderate eye irritation. Avoid contact with skin, eyes or clothing. Avoid breathing vapor or spray mist. Wash thoroughly with soap and water after handling. Remove contaminated clothing and wash clothing before reuse.

Do not enter or allowworker entry into treated areas during the restricted entry interval (REI) of 12 hours. Do not enter or allow others to enter the treated area until sprays have dried. Do not apply this product through any type of irrigation system. Do notapply this product in a way that will contact workers or other persons, either directly or through drift. Only 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. Tank Mixing; It is the pesticide user’s responsibility to ensure that all products tank-mixed with BASE CAMP MCP ESTER, are registered for the intended use. Users must follow the most restrictive directions and precautionary language of the products in the mixture (for example. First Aid from one product, Spray Drift Management from another product). PRE 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 • Shoes plus socks PRODUCT INFORMATION Local conditions may affect the use of this chemical. Consult the State Agricultural Extension Weed Specialist or your local Wilbur-Ellis crop advisor for specific recommendations for local weed problems and for information on possible lower dosages. Follow directions carefully. Timing and method of application, weather and crop conditions, mixtures with other chemicals not specifically directed and other influencing factors in the use of BASE CAMP MCP ESTER are beyond the control of the seller. To the extent consistent with applicable law buyer assumes all risks of use, storage or handling of this material not in strict accordance with directions given herewith. PHYSICAL AND CHEMICAL HAZARDS Do not use or store near heat or open flame. DIRECTIONS FOR USE It is a violation of Federal law to use this product in a manner inconsistent with its labeling. NON-AGRICULTURALUSE REQUIREMENTS The requirements in this box apply to uses of this product that are NOT within the scope of the Worker Protection Standard for agricultural pesticides (40 CFR Part 170). The WPS applies when this product is used to produce agricultural plants on farms, forests, nurseries, or greenhouses. Do not enter treated areas without protective clothing until sprays have dried. 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 farms, forests, nurseries, and greenhouses, and handlers of agricultural pesticides. It contains requirements for training decontamination, notification, and emergency assistance. It also contains specific instructions and exceptions pertaining 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 covered by the Worker Protection Standard.

Apply only when wind speed is 2-10 mph at the application site. Perennial sow Plantains Purslane Russian pigweed Stinging nettle Lambsquarters (goosefoot) Marshelder Mustards (annual) Poison hemlock Puncturevine Ragweed Shepherdspurse Stinkweed (pennycress,fanweed) Wild radish Yellow rocket or wintercress TEMPERATURE INVERSIONS: Do not make applications during a temperature inversion because drift potential is high. Do not apply BASE CAMP MCP ESTER by aerial application in the vicinity of sugar beets. Do not apply BASE CAMP MCP ESTER around houses, recreation sites, or similar areas. NOTE: Tank mixing BASE CAMP MCP ESTER with oils, surfactants, or other adjuvants may reduce this product’s selectivity to crops resulting in crop injury or kill. SWATH ADJUSTMENT: When applications are made with a crosswind, the swath will be displaced downwind. The applicator must compensate for this displacement at the downwind edge of application area by adjusting the path of the aircraft upwind. Apply only as a medium or coarser spray (ASAE standard 572) or a volume mean diameter of 300 microns or greater for spinning atomizer nozzles. Sunflower Vetch White top or hoary cress FOR GROUND BOOM APPLICATION: • Do not apply with a nozzle height greater than 4 feet above the crop canopy. FOR AERIAL APPLICATION: • The distance of the outer most nozzles on the boom must not exceed 75% of the wingspan or 90% rotor blade diameter. • Release spray at the lowest height consistent with efficacy and flight safety. Do not release spray at a height greater than 10 feet above the crop canopy. PREPARATION OF THE SPRAY Fill the spray tank with half the required amount of water, then add the specified amount of BASE CAMP MCP ESTER and continue filling the spray tank with the balance of water. Keep agitator running when filling spray tank and during spray operations. When cleaning equipment, do not pour washwater on the ground; spray or drain over a large area away from wells and other water sources. SPRAY DRIFT MANAGEMENT Avoiding spray drift at the application site is the responsibility of the applicator. The interaction of many equipment-and-weather related factors determine the potential for spray drift. The applicator and the grower are responsible for considering all these factors when making decisions. AMOUNT OF SPRAY TO APPLY Apply a minimum of 5 gallons of total spray per acre when making applications with ground equipment and 2 to 5 gallons of total spray per acre when making applications by aircraft unless directed otherwise under specific directions. WEED CONTROL LIST SUSCEPTIBLE (MOST AREAS): Annual sowthistle Beggarticks Cocklebur Dragonhead mint Field peppergrass Goatsbeard Hempnettle_________________ LESS SUSCEPTIBLE: Buttercups Canada thistle Chervil Dandelions Kochia Miner’s lettuce

Where states have more stringent regulations, they should be observed. The applicator should understand the information and follow the directions covered in the Spray Drift Management section of the label. SENSITIVE AREAS: The pesticide should only be applied when the potential for drift to adjacent sensitive areas (e.g. residential areas, bodies of water, known habitats for threatened or endangered species, non-target crops) is minimal (e.g., when wind is blowing away from the sensitive areas). FLAX: Use 1/4 to 1/2 pint per acre. Apply by ground sprayer or by airplane. Apply only when weeds are up and when flax is 4 to 8 inches high and before it comes into bud. Treatment after early bud stage may result in severe damage. If Canada thistle is present, it may be necessary to go as high as 14 pint per acre to prevent seed head production. Some injury to the flax may result. •Do not forage or graze meat animals on treated areas within 7 days of slaughter. • Do not forage or graze dairy animals on treated areas within 7 days after treatment. • Do not apply more than 1/2 pints (0.25 lb. acid equivalent) per acre per year. Fields treated with MCPA may be replanted with any crop specified on a MCPA label or any crop for which a MCPA residue tolerance exists. For crops not listed on a MCPA label, or on crops for which no residue tolerances for MCPA have been established, a 60-day plant back interval must be observed. RESISTANCE MANAGEMENT BASE CAMP MCP ESTER contains a Group 4 herbicide. Any weed population may contain or develop plants naturally resistant to a Group 4 herbicide. Weed species with acquired resistance to a Group 4 herbicide may eventually dominate the weed population if other Group 4 herbicides are repeatedly used in successive years or in the same field as the primary method of control for targeted species. BASE CAMP MCP ESTER should be rotated with products that do not contain MCPA to minimize selection pressure. To delay herbicide resistance practice effective resistance management; • Avoid the consecutive use of BASE CAMP MCP ESTER or other Group 4 herbicides. • Use tank mixes or premixes with herbicides from different target site of action Groups. • Base herbicide use on a comprehensive IPM program. • Monitor treated weed populations for loss of field efficacy. • Contact your local extension specialist, certified crop advisors, and/or manufacturer for herbicide resistance management. USE RATES, APPLICATION AND RESTRICTIONS WHEAT, OATS, BARLEY AND RYE: Apply as a water mix spray by ground sprayer or airplane. Use 1/2 to 1 pint per acre for the more susceptible weeds after crop has reached the 3 to 4 leaf stage up to boot stage. Use up to 1 2/3 pints per acre for the less susceptible weeds after crop has tillered and up to early boot stage. • Do not spray from boot to dough stage. • Do not forage or graze meat animals on treated areas within 7 days of slaughter. • Do not forage or graze dairy animals on treated areas within 7 days after treatment. • Do not apply more than 1 2/3 pints (0.75 lb. acid equivalent) per acre per year. Fields treated with MCPA may be replanted with any crop specified on a MCPA label or any crop for which a MCPA residue tolerance exists. For crops not listed on a MCPA label, or on crops for which no residue tolerances for MCPA have been established, a 60-day plant back interval must be observed. PLANT BACK INTERVAL Wheat, barley, oat, rye, flax or pea fields treated with MCPA may be replanted with any crop specified on a MCPA label or any crop for which a MCPA residue tolerance exists. For crops not listed on a MCPA label, or on crops for which no residue tolerances for MCPA have been established, a 60-day plant back interval must be observed.

NON-CROP SPRAYING {In non-crop areas including Roadsides, Fence Rows, Rights-of-Way and similar places to control Canada Thistle, White Top And Meadow Buttercup). GRASSES GROWN FOR SEED (aerial and surface applications): Use 1 to 2 pints per acre, the higher rate where weed stands are heavy. In established grasses, apply in spring before head comes into boot and on seedling grass after grass has tillered. GRASSES: (ESTABLISHED PASTURE/RANGELAND, GRASSES GROWN FOR SEED, NON-CROP SPRAYING, GOLF COURSES, SOD FARMS) For spot treatment, use 1/4 pint in 3 to 4 gallons of water. Spray to wet weeds thoroughly when in bud to early bloom and again on fall regrowth. • Do not apply more than 6.4 pints (3.0 lb. acid equivalent) per acre per year. SOD FARMS For broadcast application, apply 1 to 3 pints per acre in a spray volume of 10 to 100 gallons of water. Use the higher rate for heavy infestations or less susceptible weed species. For best results, apply in spring or fall when weeds are rapidly growing and do not mow for 2 days before or after application. For spot treatment in small areas, use 1 fluid ounce of this product per 1000 square feet in 1 to 3 gallons of spray and apply uniformly. For broadcast treatment apply 2 to 3 pints per acre in sufficient water to give coverage for most extensive areas. Spray to wet weeds thoroughly when in bud to early bloom and again on fall regrowth. • Do not apply more than 2 applications per year with a minimum retreatment interval of 21 days. • Do not apply more than 3 1/4 pints (1.5 lb. acid equivalent) per acre per application. Do not apply more than 6.4 pints of this product (3.0 lb. acid equivalent) per acre per year. • Do not forage or graze livestock or dairy animals on treated areas within 7 days of treatment. NOTE: Repeat applications may be required for less susceptible weeds. In some areas, bent, buffalo, carpet and St. Augustine grasses may also be injured. • Do not apply more than 3 1/4 pints of this product (1.5 lb. acid equivalent) per acre per application. Do not apply more than 6.4 pints of this product (3.0 lb. acid equivalent) per acre per year. • Do not apply more than 2 applications per year with a minimum retreatment interval of 21 days. Note: For weed control in grasses, repeated treatment may be needed for less susceptible weeds. In some areas bent, buffalo, carpet and St. Augustine grasses may also be injured by treatment. • Do not apply more than 3 1/4 pints (1.5 lb. acid equivalent) per acre per application. Do not apply more than 6.4 pints of this product (3.0 lb. acid equivalent) per acre per year. • Do not apply more than 2 applications per year with a minimum retreatment interval of 21 days. ESTABLISHED PASTURE/RANGELAND Use 1 to 3 pints per acre. Apply by ground sprayer in not less than 5 gallons or by airplane in not less than two gallons total spray volume. Use higher rate for White Top, Canada thistle and other less susceptible weeds. Spray perennials in early bud to full bloom stage and regrowth in fall; other weeds in spring or fall, when actively growing. • Do not forage or graze meat animals on treated areas within 7 days of slaughter. • Do not forage or graze dairy animals on treated areas within 7 days after treatment. • Do not apply more than 3 1/4 pints (1.5 lb. acid equivalent) per acre per application. Do not apply more than 6.4 pints of this product (3.0 lb. acid equivalent) per acre per year. • Do not apply more than 2 applications per year with a minimum retreatment interval of 21 days. GOLF COURSES For controlling white top, dandelions and similar weeds, apply 1 to 2 pints per acre in sufficient water to provide thorough coverage. Treatment may reduce stands of clover which may be present. Do not apply to newly seeded turf until grass has become well established. MCPA may injure bent or other creeping grass types. For best result treat thistles when in the early bud stage. • Do not apply more than 3 1/4 pints (1.5 lb. acid equivalent) per acre per application. Do not apply more than 6.4 pints of this product (3.0 lb. acid equivalent) per acre per year. • Do not apply more than 2 applications per year with a minimum retreatment interval of 21 days.

STORAGE AND DISPOSAL Do not contaminate water, food or feed by storage or disposal. PESTICIDE STORAGE: Store in a dry location away from children, animals, foods, feeds, seeds and other agricultural chemicals. Keep container closed when not using. Do not allow water into container as this may cause deterioration of product. Handle in accordance with information given under “Precautionary Statements.” Keep storage area locked when not in use. In the event of spillage or leakage, soak up material with absorbent clay, sand, sawdust or other absorbent material. Scrape up and dispose of in accordance with information given under “Pesticide Disposal.” Repackage and relabel usable product in a sound container. In case of fire or other emergency, report at once by toll-free telephone to 800- 424-9300. PESTICIDE DISPOSAL: Wastes resulting from the use of this product may be disposed of on site or at an approved waste disposal facility. CONTAINER DISPOSAL: Non-refillable containers (2.5 gallons, 30 gallons and 55 gallons): Do not reuse or refill this container. Offer for recycling, if available. Triple rinse or pressure rinse container (or equivalent) promptly after emptying. (Non-refillable <5 gallons): Triple rinse as follows: Empty the remaining contents into application equipment or a mix tank and drain for 10 seconds after the flow begins to drip. Fill the container VI full with water and recap. Shake for 10 seconds. Pour rinsate into application equipment or a mix tank or store rinsate for later use or disposal. Drain for 10 seconds after the flow begins to drip. Repeat this procedure two more times. (Non-refillable >5 gallons): Triple rinse as follows: Empty the remaining contents into application equipment or a mix tank. Fill the container V a 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 it 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 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 for 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. Refillable container (15 gallons, 30 gallons, 120 gallons and greater or bulk): Refill this container with pesticide 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 the container into application equipment or mix tank. Fill the container about 10 percent full with water. Agitate vigorously or recirculate water with the pump for 2 minutes. Pour or pump rinsate into application equipment or rinsate collection system. Repeat this rinsing process two more times.

NET CONTENTS: 2.5 F 012716072318 In Case of Emergency, Call CHEMTREC: (800) 424-9300 NET CONTENTS: 2.5 GALLONS Batch Code WILBUR-ELLIS® togo, Ideas to Grow With®^ ACT IVES Tri-Droplet® and BASE CAMP® are registered trademarks of Wilbur-Ellis Company LLC. HERBICIDE™ logo is a trademark of Wilbur-Ellis Company LLC. Manufactured for: WILBUR-ELLIS COMPANY LLC PO BOX 16458 FRESNO, CA 93755 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 the product. If the terms are not acceptable, return the product at once, unopened, and the purchase price will be refunded._____________ ALL STATEMENTS MADE HEREIN ARE SUBJECT TO APPLICABLE LAW, AND TO THE EXTENT THERE IS ANY INCONSISTENCY OR CONTENTION, APPLICABLE LAW SHALL GOVERN. The Directions for Use of the 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 many different factors including, without limitation, manner of use or application, weather, combination with other products, or crop conditions. All such risks shall be assumed by Buyer and User, and Buyer and User agree to hold Manufacturer and Seller harmless from any claims relating to such factors. Seller warrants that this product conforms to the chemical description on the label. EXCEPT FOR THIS WARRANTY, THE PRODUCT IS FURNISHED “AS-IS,” AND NEITHER SELLER NOR MANUFACTURER MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SELECTION, PURCHASE OR USE OF THIS PRODUCT; SELLER AND MANUFACTURER SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE BEYOND WHAT IS STATED ON THE LABEL. Buyer and User accept all risks arising from any use of this product, including without limitation, uses contrary to label instructions, or under conditions not reasonably foreseeable to (or beyond the control of) Seller or Manufacturer. Neither Manufacturer nor Seller shall be liable for any incidental, consequential or special damages resulting from the use or handling ofthis product. THE EXCLUSIVE REMEDY OF THE BUYER OR USER, AND THE EXCLUSIVE LIABILITY OF MANUFACTURERAND SELLER, FOR ANY AND ALL CLAIMS, LOSSES, INJURIES OR DAMAGES (INCLUDING CLAIMS BASEDON BREACHOFWARRANTY, 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 THIS PRODUCT, OR, ATTHE ELECTION OF MANUFACTURER OR SELLER, THE REPLACEMENT OF THE PRODUCT. These Conditions of Sale and Limitation of Warranty and Liability shall be interpreted, unless otherwise required by the law of the state of purchase, in accordance with the laws of the State of California, excluding its conflicts of laws rules, and may not be amended by any oral or written agreement.