crop-chem-docs/corpus/epa_ppls/2935-407.md

GOLDEN-DEW

• EPA Reg No: 2935-407
• Registrant: WILBUR-ELLIS COMPANY LLC
• Signal word: Caution
• Active ingredients: Sulfur (92%)
• Label accepted: 2020-09-24
• Source PDF: https://www3.epa.gov/pesticides/chem_search/ppls/002935-00407-20200924.pdf

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September 24, 2020 Subject; Dear Ms. Downs; Notification Label Acceptable v.20150904 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. The label submitted with the application has been stamped “Notification” and will be placed in our records. 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 you have any questions, you may contact please contact Lindsay DeMers by email at demers.lindsay@epa.gov. Anne Downs Senior Registration Specialist Wilbur-Ellis Company LLC 2903 S. Cedar Avenue Fresno, CA 93725 Notification per PRN 98-10 - Logo revision Product Name; GOLDEN DEW EPA Registration Number; 2935-407 Application Date; August 21, 2020 Decision Number; 565840 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, DC 20460

Sincerely, Jordan Page, (Acting) Product Manager 24 Fungicide and Herbicide Branch Registration Division (7505P) Office of Pesticide Programs Page 2 of 2 EPAReg. No. 2935-407 Decision No. 565840

WILBUR-ELLIS new Wilbur-Ellis logt For Organic Production I® new product name logo (FUNGICIDE AND INSECTICIDE) t old OMRI log EPA Reg. No. 2935-407 EPA Est. No. 2935-CA-12 If on skin: If swallowed: If inhaled: If in eyes: I 1 ACTIVE INGREDIENT Sulfur............... OTHER INGREDIENTS TOTAL The .ippliciinc has certified that no changes, other Than cbose reputed tt^ the Agency' have been made Ki the labeling. The .Agency acknowledges this notification by letter dated; 09/24/2020 new OMR logo NOTIFICATION 2935-407 6mri FIRST AID • 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. • Call a poison control center or doctor immediately for treatment advice. • Have person sip a glass of water if able to swallow. • Do not induce vomiting unless told to by a poison control center or doctor. • Do not give anything to an unconscious person. • Move person to fresh air. • If person is not breathing, call 911 or an ambulance, then give artificial respiration, preferably mouth-to-mouth if possible. • Call a poison control center or doctor for further 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 EMERGENCY TELEPHONE NUMBERS; (800) 424-9300 CHEMTREC (transportation and spills) (800) 222-1222 POISON CONTROL CENTER (human health) (888) 426-4435 ASPCA (animal health) FUNGICIDE GOLDEN-DEW . 92.0% ..■■8.0% 100.0% KEEP OUT OF REACH OF CHILDREN CAUTION PRECAUTIONARY STATEMENTS HAZARDS TO HUMANS AND DOMESTIC ANIMALS CAUTION: Harmful if absorbed through skin, swallowed or inhaled. Causes moderate eye irritation. Avoid contact with skin, eyes or clothing. Avoid breathing spray mist. Wash thoroughly with soap and water after handling and before eating, drinking, chewing gum, using tobacco or using the toilet. Remove and wash contaminated clothing before reuse.

PERSONAL PROTECTIVE EQUIPMENT (PPE) USER SAFETY RECOMMENDATIONS J 2 User Should:

1. Wash hands before eating, drinking, chewing gum, using tobacco or using the toilet.
2. Remove clothing/PPE immediately if pesticide gets inside. Then wash thoroughly and put on clean clothing.
3. 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. Applicators and other handlers must wear: A) Long-sleeved shirt; B) Long pants; C) Chemical -resistant gloves made of any waterproof material such as polyethylene or polyvinyl chloride; D) Shoes plus socks; and E) Safety glasses. Follow manufacturer's instructions for cleaning/maintaining PPE. If no such instructions forwashables exists, use detergent and hot water. Keep and wash PPE separately from other laundry. PHYSICAL AND CHEMICAL HAZARDS Sulfur dust suspended in air ignites easily. Keep away from heat, sparks, or flame. Do not smoke while applying this product. ENVIRONMENTAL HAZARDS Do not apply directly to water, 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. Do not apply when weather conditions favor drift from treated areas. DIRECTIONS FOR USE It is a violation of Federal law to use this product in a manner inconsistent with its labeling. MIXING INSTRUCTIONS: Pour specified amount of GOLDEN-DEW® into 1/3 filled spray tank. Add balance of water to fill tank. Keep agitator running during filling and spraying operations. Do not allow mixture to stand. Do not use in low-volume gear-type spray equipment. Do not apply 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. 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 fortraining, decontamination, notification, and emergency assistance. It also contains specific instructions and exceptions pertaining to the statements on thi.s label about personal protective equipment (PPE), notification to workers, and restricted-entry interval. The requirements 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 24 hours. 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: A) Coveralls; B) Chemical-resistant gloves made of any waterproof material; C) Shoes plus socks; and D) Safety glasses.

3 Aerial Applications: Field: Specified rate in 3-20 gallons of water per acre. Orchard: Specified rate in 10-20 gallons of water per acre. Concentrated Applications: Field: Specified rate in 5-10 gallons of water per acre. Orchard: Specified rate in 20-100 gallons of water per acre. Dilute Applications: Field: Specified rate in 20-50 gallons of water per acre. Orchard: Specified rate in 200-400 gallons of water per acre. APPLICATION INSTRUCTIONS: The desired ratio of GOLDEN-DEW to water must not exceed 2 pounds per gallon. CHEMIGATION: Do not apply this product through any irrigation system unless this chemigation section is followed. Apply this product only through sprinkler (center pivot, lateral move, end tow, side or wheel roll, traveler, big gun, solid set, or hand move) irrigation systems. Crop injury, lack of effectiveness, or illegal pesticide residues in the crop can result from non-uniform distribution of treated water. If you have questions about calibration, you should contact State Extension Service specialists, equipment manufacturers or other experts. Dp not connect an irrigation system (including greenhouse systems) used for pesticide application to a public water system unless the pesticide label prescribed safety devices for public water systems are in place. A person knowledgeable of the chemigation system and responsible for its operation, or under the supervision of the responsible person, shall shut the system down and make necessary adjustment should the need arise. CHEMIGATION SYSTEMS CONNECTED TO PUBLIC WATER SYSTEMS

1. Public water system means a system for the provision to the public of piped water for human consumption if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year.
2. Chemigation systems connected to public water systems must obtain a functional, reduced-pressure zone, backflow preventer (RPZ) or the functional equivalent in the water supply line upstream from the point of pesticide introduction. As an option to the RPZ, the water from the public water system should be discharged into a reservoir tank prior to pesticide introduction. There shall be a complete physical break (air gap) between the outlet end of the fill pipe and the top or overflow rim of the reservoir tank of at least twice the inside diameter of the fill pipe.
3. The pesticide injection pipeline must contain a functional, automatic quick-closing check valve to prevent the flow of fluid back toward the injection pump.
4. The pesticide injection pipeline must 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 from being withdrawn from the supply tank when the irrigation system is either automatically or manually shut down.
5. The system must contain functional interlocking controls to automatically shut off the pesticide injection pump when the water pump motor stops, or in cases where there is no water pump, when the water pressure decreases to the point where pesticide distribution is adversely affected.
6. Systems must use a metering pump, such as a positive displacement injection pump (e.g., diaphragm pump) effectively designed and constructed of materials that are compatible with pesticides and capable of being fitted with a system interlock.
7. Do not apply when wind speed favors drift beyond the area intended for treatment.
8. Apply at rate specified on the container label for individual crops. Do not allow mixture to stand. Keep agitator running during application. Apply at end of irrigation period. Do not operate irrigation system after application until deposit has thoroughly dried.

4 Sulfur will cause severe fruit and leaf injury to sulfur sensitive crops. Do not allow this material to drift into sulfur sensitive melons, squash, cucumbers, apricots or other plants which may be injured by sulfur. For control of MITES, use the higher rates shown under conditions of high pest pressure. For control of FUNGI use higher rates shown when weather conditions indicate a potential for increased pest pressure. SPRINKLER CHEMIGATION

1. The system must contain a functional check valve, vacuum relief valve, and low pressure drain appropriately located on the irrigation pipeline to prevent water source contamination from backflow.
2. The pesticide injection pipeline must contain a functional, automatic, quick-closing check valve to prevent the flow of fluid back toward the injection pump. SPRINKLER CHEMIGATION (cont.)
3. The pesticide injection 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 from being withdrawn from the supply tank when the irrigation system is either automatically or manually shut down.
4. The system must contain functional interlocking controls to automatically shut off the pesticide injection pump when the water pump motor stops.
5. 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 point where pesticide distribution is adversely affected.
6. Systems must use a metering pump, such as a positive displacement injection pump (e.g., diaphragm pump) effectively designed and constructed of materials that are compatible and capable of being fitted with a system interlock.
7. Do not apply when wind speed favors drift beyond the area intended for treatment.
8. Apply at rate specified on the container label for individual crops. Do not allow mixture to stand. Keep agitator running during application. Apply at end of irrigation period. Do not operate irrigation system after application until deposit has thoroughly dried. USE RESTRICTIONS Do not apply this product within two weeks of an oil application unless in a dormant or delayed dormant application on pome and stone fruit, or unless specified otherwise, for the individual crop in the APPLICATION DIRECTIONS section (see Citrus). This restriction does not apply to crop oil concentrates. USE PRECAUTIONS Sulfur may bum foliage and fruit on sensitive varieties if applied when temperatures exceed 90° F or during periods when the temperatures within 3 days after application are expected to exceed 90° F in the treated area. If the crop to be treated will be used for canning or freezing purposes, consult the food processor before applying sulfur. COMPATIBILITY: GOLDEN-DEW is compatible with most pesticides. Because conditions vary, mix a small amount of the pesticide priorto application to examine their compatibility. ALWAYS ADD THE PESTICIDE INTO THE MIXED GOLDEN-DEW. Follow more restrictive labeling of any tank mix partner. Do not tank mix with any product which contains a prohibition on tank mixing. Consult with State Agricultural Experiment Station or State Agricultural Extension Service personnel for additional information consistent with label cautions and directions.

APPLICATION DIRECTIONS DIRECTIONSPEST Alfalfa 6-15 lbs./acre 15-20 lbs./acre Cotton 2-10 lbs./acre 10-15 lbs./acre Grass Seed Crops 3-6 lbs./acre Hops 3-4 lbs./acre Peanuts 3-12 lbs./acre Soybeans 6-15 lbs./acre Sugar Beets 3-40 lbs./acre 4-6 lbs,/acre APPLICATION DIRECTIONS PEST DIRECTIONS Asparagus 6-10 lbs./acre 5 Carrots Garlic Repeat at 1 to 2-week intervals as needed. Beans Peas Powdery Mildew Rust Mite Spider Mites Apply when disease first appears or when mites appear on bottom leaves and repeat as necessary. Apply when mint is 5-6" tall or when disease first appears. Repeat twice, at 30 day intervals. RESTRICTIONS: Do not apply within 30 days of harvest. Spearmint Peppermint FIELD CROPS CROP Rust Mite Brown Mite Two-Spotted Mite Use after cutting stops. Irrigate and cultivate before applying sulfur. Repeat at 7 to 10-day intervals throughout season. Begin application when pest first appears and repeat as necessary. Rust Mite Timothy Mite Red Spider Mite Apply when disease first appears and repeat as necessary.______ Apply when disease or mites first appear and repeat at 3 to 4-week intervals or as necessary. Leaf Spot Powdery Mildew Red Spider Mite Rust Mite____________ Leaf Spot Powdery Mildew_______ Pacific Mite Powdery Mildew Red Spider Mite Strawberry (Atlantic) Mite Two-Spotted Mite______ Powdery Mildew 10-20 lbs./acre 10-15 lbs./acre Lygus Pacific Mite Red Spider Mite Strawberry (Atlantic) Mite Atlantic Mite (sm. grains only) Grass Banks Mite Pacific Mite Powdery Mildew Red Spider Mite Two Spotted Mite Cereals: Barley Corn Oats Rye Sorghum Wheat Clover VEGETABLE CROPS CROP Powdery Mildew Spider Mite Th rips________ White Mold Blight Botrytis Apply when crop is in bud stage or at first sign of disease or mites. Repeat at 7 to 10-day intervals or as necessary.________________ Begin when infestation first occurs and repeat at 1 to 2-week intervals as necessary or with regularly scheduled insecticide program. Apply at first sign of disease or mites and repeat as necessary. Apply when mites first appear and repeat as necessary.___________ Apply at early leaf stage and repeat as necessary. Atlantic Mite Red Spider Mite Lygus PRODUCT RATE 15-35 lbs./acre 6-10 lbs./acre PRODUCT RATE 10-20 lbs./acre

3-10 lbs./aere 3-10 Ibs./acre 5-6 Ibs./acre 2-4 Ibs./acre 3-10 Ibs./acre 6-10 Ibs./acre Tomatoes 15-30 Ibs./acre APPLICATION DIRECTIONS PEST DIRECTIONS Almonds 8-30 Ibs./acre Apples 10-20 lbs./acre Avocados Brown Mite 10-20 Ibs./acre Powdery Mildew 4-10 Ibs./acre 6 Melons Squash Apply at early leaf stage and repeat every 14 days as needed. Powdery Mildew Red Spider Mite Powdery Mildew Red Spider Mite Apply at bloom or early petal fall and repeat as necessary, usually at 10 to 14-day intervals or after a period of wet weather. Blackberries Blueberries Boysenberries Petrobia Mite Powdery Mildew Early Blight Late Blight Powdery Mildew Red Spider Mite Two-Spotted Mite Powdery Mildew Tomato Russet Mite Rutabagas Table Beets Turnips Potatoes Apply when disease first appears, repeat as needed. Sulfur can injure plants, especially when temperatures reach 95° F. RESTRICTIONS: Do not use on sulfur sensitive varieties._______ Apply at early leaf stage and repeat applications every 14 days as needed.__________________ Apply at early leaf stage and repeat applications every 14 days as needed.__________________ Apply when pest first appears and repeat as necessary or with regularly scheduled insect program. Powdery Mildew Rust Mite Spider Mite Powdery Mildew Broccoli Brussels Sprouts Cabbage Cauliflower Greens: Collard, Kale, Mustard Lettuce FRUIT, NUTS, AND BERRIES CROP r Brown Almond Mite European Red Mite Flat Mite Pacific Mite Red Spider Mite Silver Mite Strawberry (Atlantic) Mite Two-Spotted Mite______ Brown Rot Scab________________ Blister Mite Powdery Mildew Red Spider Mite Scab Begin as soon as plants emerge, repeat at 7 to 10-day intervals or as necessary________________ Begin application when pest first appears and repeat as necessary. PRODUCT RATE 10-20 ibs./acre Onions Peppers Celery Apply at pre-bloom and petal fall. Apply with cover sprays throughout the season. RESTRICTIONS: Do not apply on sulfur sensitive varieties except in dormant or delayed dormant stage._______________________ Apply at first sign of mites and repeat as necessary.___________ Apply at first sign of disease and repeat as necessary.

4-30 Ibs./acre Figs 15-30 Ibs./acre Grapes 3-5 Ibs./acre Mangos Powdery Mildew 10-30 Ibs./acre Pears 10-20 lbs./acre Pecans 5-10 Ibs./acre PistachiosCitrus Flat Mite 10-20 Ibs./acre 15-25 Ibs./acre Strawberries 4-10 Ibs./acre 7 I Powdery Mildew Red Spider Mite Blister Mite Bud Mite Powdery Mildew Red Spider Mite RESTRICTIONS: Do not apply 21- days preceding or following an oil application. Powdery Mildew Red Spider Mite Sooty Mold Two-Spotted Mite RESTRICTIONS: Apply in any spray NOT CONTAINING OIL. Blossom Blight Brown Rot Coryneum Blight Flat Mite Leaf Spot Powdery Mildew Rust Mite Red Spider Mite Silver Mite Currants Dewberries Gooseberries Huckleberries Loganberries Raspberries Citrus Citrus Mite Citrus Flat Mite Flat Mite Red Spider Mite Rust Mite Silver Mite Six-Spotted Mite Yuma Spider Mite Fig Rust Mite Apply in spring and early summer when damage to foliage (russeting) appears. Repeat application if necessary.________ Apply when shoots are 2-3" long, repeat before blossoms open and continue as necessary on 7 to 10 day cycle. Concord and other Labrusca-type grapes may be injured by sulfur.______________ Begin application before bloom, repeat at bloom, after fruit set and 3 weeks later or as necessary. Apply in dormant, delayed dormant or post-harvest stages only. During clusterbud, reduce rate to 6 Ibs/acre. RESTRICTIONS: Do not apply after bloom._________________ Apply throughout season as needed. Some varieties are sensitive to sulfur sprays under certain condition. RESTRICTIONS: Do not apply unless varieties are known to be tolerant of sulfur.______________ Apply when mites first appear and repeat as necessary. May be applied to bearing or non-bearing trees up to day of harvest.______ Apply at bloom or early petal fall and repeat as necessary, usually 10 to14 days or after a period of wet weather. RESTRICTIONS: Do not apply after jacket stage on Plums, Prunes or Nectarines. For Brown Rot, apply when fruit starts to ripen. Apply as a post-harvest foliar for Cherry Leaf Spot.______ Apply at early leaf stage and repeat as necessary. RESTRICTIONS: Do not use on sulfur sensitive varieties. stone Fruits; Cherries Nectarines Peaches Plums Prunes Blister Mite Pear Psylia Powdery Mildew Rust Mite Scab

10-30 lbs./acre APPLICATION DIRECTIONS PEST DIRECTIONS Leaf Spot Powdery Mildew 8 Walnuts Macadamias Almond Mite Broad Mite Pacific Mite Red Spider Mite Two-Spotted Mite Black Spot Powdery Mildew Spray for full coverage, wetting both sides of leaves. Begin applications when new growzth appears in the Spring and repeat every 5-10 days as needed and after rain. Spray for full coverage, wetting both sides of leaves. Begin applications when new growth appears in the Spring and repeat every 5-10 days as needed and after rain. Apply throughout season as needed. Some varieties are sensitive to sulfur sprays under certain conditions. RESTRICTIONS: Do not apply unless varieties are known to be tolerant to sulfur. Powdery Mildew Rust Mite_____ Leaf Spot Powdery Mildew PRODUCT RATE 5-6 lbs/100 gal. or (3 tablespoons per gallon) 5-6 Ibs./lOO gal. or (3 tablespoons per gallon) ORNAMENTALS CROP Asters Carnations_____ Calendulas Cedars Cherry Laurels Chrysanthemums Hollyhock Juniper Smilax Spruce________ Clematis Columbine English Ivy Laurel Petunia Sage__________ Cosmos Crepe Myrtle Dahlia Delphinium Dogwood Euonymus Gladiolus Golden Fleece Hibiscus Holly Lady's Mantle Ligustrum Lilac Poplars Silver Vine Spirea Sunflower Sweet Pea Verbena Violets Willow Zinnias________ Roses

The OMRl® Listed Seal is a registered trademark of OMRI. F-082120 MA«4U|£AGWR6D-B¥j Batch Code NET CONTENTS: 30 POUNDS 9 In Case of Emergency, Call CHEMTREC: (800) 424-9300 WILBUR-ELLIS COMPANY LLC P.O, BOX 16458 FRESNO, CA 93755 STORAGE AND DISPOSAL Do not contaminate water, food or feed by storage or disposal. Pesticide Storage: Store in sealed original container in a cool, dry area away from any heat or ignition source. Store in closed storage area. Use caution when moving, opening, closing or pouring. Pesticide Disposal: Wastes resulting from the use of this product may be disposed of on site or at an approved waste disposal facility, 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 at the nearest EPA Regional Office for guidance. Container Handling: NONREFILLABLE CONTAINER. Do not reuse or refill this container. Completely empty bag into application equipment then offer for recycling, if available; or dispose of empty bag in a sanitary landfill or by incineration, or, if allowed by State and local authorities, by burning. If burned, stay out of smoke. WILBUR-ELLIS® logo. FUNGICIDE^' logo and GOLDEN-DEW® an€FAGWeS-TH-OFople**-teg0.are registered trademarks of Wilbur-Ellis Company LLC. 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 fectors 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 Manufecturer nor Seller shall be liable for any incidental, consequential or special damages resulting from the use or handling of this product. THE EXCLUSIVE REMEDY OF THE BUYER OR USER, AND THE EXCLUSIVE LIABILITY OF MANUFACTURER 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 THIS PRODUCT, OR, AT THE 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.