Indiana Code 15-15-5-12. Conditions precedent to civil suit; tolling of limitations
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Sec. 12. (a) As a condition precedent to maintaining a civil action against a seller for failure of the agricultural or vegetable seeds to produce or perform:
(2) as represented by warranty; or
(1) as represented by the label required to be attached to those seeds or furnished under IC 15-15-1-32 or IC 15-15-1-33;
Terms Used In Indiana Code 15-15-5-12
- agricultural or vegetable seeds: refers to :
Indiana Code 15-15-5-3
- arbitration: refers to arbitration conducted under this chapter. See Indiana Code 15-15-5-4
- buyer: means a buyer of:
Indiana Code 15-15-5-5
- commissioner: refers to the state seed commissioner. See Indiana Code 15-15-5-6
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- seller: refers to a seller of:
Indiana Code 15-15-5-8
(3) because of negligence;
the buyer must submit the claim to arbitration.
(b) Any applicable period of limitation with respect to a claim subject to this chapter is tolled until twenty (20) days after the filing of the report of arbitration with the commissioner.
[Pre-2008 Recodification Citation: 15-4-11-9.]
As added by P.L.2-2008, SEC.6.