Seed Disclaimers
LIMITATION OF WARRANTIES and DAMAGES
STINE and DEALER warrant, to the extent of the purchase price, that seed is as described on the bag and on the tag attached thereto, within recognized tolerances. STINE and DEALER give no other WARRANTY, expressed or implied, of MERCHANTABILITY or FITNESS of the seed for any particular purpose, nor any warranty against loss due to any cause, including environmental conditions, soil conditions, chemicals or farming practices, or the response of the seed to any such conditions. Neither STINE nor DEALER shall be liable for incidental or consequential damages, including loss of profits. LIABILITY for damages for any cause, including breach of contract, breach of warranty and negligence, with respect to the sale of seed, is LIMITED to the purchase price of the seed. THIS REMEDY IS EXCLUSIVE. Purchaser accepts these terms unless he returns the seed within fifteen days for refund of the purchase price.
Stine Seed Company has utilized standard industry isolation and purity procedures in the production of conventional seed products. Because of contamination factors beyond the company’s control, Stine Seed Company cannot warrant or represent that Stine seed products are free of genetically modified organisms.
STINE SEED COMPANY PURCHASE AGREEMENT
Supplier represents, and Purchaser hereby acknowledges, that Supplier is engaged in the business of developing and supplying for sale various varieties of seed. Supplier has a substantial investment in the development and production of this Seed, and in the use of the subsequent production of the Seed herein sold. Supplier has expended substantial effort in developing a market for seed marketed by Stine Seed Company. Supplier has existing contractual relationships with other purchasers and growers for the sale of seed from Stine Seed Company and expectations of additional contracts for sale of seed from Stine Seed Company in the future.
In consideration of the foregoing, and in consideration of the Seed herein sold, Purchaser hereby acknowledges and agrees that the production from the Seed herein sold will be used only for feed or processing, and will not be used or sold for seed, breeding or any variety improvement purposes. Purchaser acknowledges Supplier’s proprietary interest in the use of subsequent production from the Seed herein sold, and agrees it would be a violation of this Agreement to allow the subsequent production of the Seed herein sold to be used to create a seed variety or seed product from said production, which may be used for seed purposes by individuals or entities other than Stine Seed Company. Export of this seed or its progeny from the country of purchase is strictly prohibited, except that forage or grain may be exported solely for use in feeding or processing. Purchaser agrees and acknowledges that any use of the Seed herein sold, which is forbidden by this Agreement, will constitute a misappropriation of the personal property of Stine Seed Company, and will therefore result in a breach of this Agreement. Purchaser agrees that Supplier may bring an action to recover damages as a result of the breach of this Agreement, along with reasonable attorney fees and costs associated with any action commenced in regard thereto. Purchaser further agrees that the exclusive venue for any dispute arising under this Agreement or in connection to any breach thereof shall be in the federal or state courts for Dallas County, Iowa and hereby irrevocably consents to the personal jurisdiction of such courts.
Purchaser agrees and acknowledges that any use of the Seed herein sold, which is forbidden by this Agreement, will damage Supplier’s legitimate expectation of future sales of seed, and any use of Seed from Stine Seed Company in violation of this Agreement will constitute an attempt to intentionally injure or destroy Supplier’s prospective business expectations in future sales of seed from Stine Seed Company.
Purchaser agrees and acknowledges that any use of Seed from Stine Seed Company in violation of this Agreement will cause substantial damage to Stine Seed Company, and that if subsequent production of the Seed herein sold is used to create a seed variety or seed product, substantial damage to Stine Seed Company for all seed varieties or seed products thereby created will be caused. This Agreement shall not limit any other rights, legal or equitable, that the Supplier have but shall be accumulative.
NOTICE OF REQUIRED ARBITRATION
Under the seed laws of several states arbitration, mediation or conciliation is required as a prerequisite to maintaining a legal action based upon the failure of seed to produce as represented. The consumer shall file a complaint along with the required filing fee (where applicable) with the Commissioner/Director/Secretary of Agriculture, Seed Commissioner, or Chief Agricultural Officer within such time as to permit inspection of the crops, plants or trees by the designated agency and the seedsman from whom the seed was purchased. A copy of the complaint shall be sent to the seller by certified or registered mail or as otherwise provided by state statute.
OTHER TERMS and CONDITIONS
For sale in the U.S. only. Stine Seed Company assumes no responsibility for independent Stine Dealer’s verbal and/or written claims, promises, warranties or actions which are contrary to Stine’s normal operating policies. 5/5/2008
WARNING: PATENTED SOYBEAN SEED OR SEED CONTAINING PATENTED GENES (SUCH AS THE ROUNDUP READY® GENE) CANNOT BE SAVED FOR REPLANTING. Seeds containing the Roundup Ready® trait are protected under numerous United States patents, including patent No. RE39,247. It is unlawful to save Roundup Ready® soybeans for planting or transfer to others for use as a planting seed.
NEW SEED DOESN’T COST…IT PAYS
Extensive third-party research has demonstrated that the cost of planting saved soybean seed can meet -- or even exceed -- the cost of purchasing new seed. Factors considered include cleaning, bagging, and hauling saved seed, the opportunity cost associated with not selling one bushel of soybeans, and a documented yield disadvantage of 1.8 bushels per acre compared with purchasing new, high-yielding seed.Growers purchasing new seed from Stine benefit from dealer support and service both before and after the sale. These growers also have access to various risk management benefits such as Monsanto’s Roundup Rewards program.
The purchase of new seed from Stine provides a grower with the industry’s newest elite germplasm, which has been rigorously tested to Stine’s strict quality standards. Stine can provide its customers with a reliable supply in most maturities.
Dollars paid on the purchase of new seed provide funding for research & development of new traits and higher yielding germplasm. Stine Seed Company and its trait providers, such as Monsanto, are committed to our customers success.
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