Great Lakes Hybrids Legal Information
BENEFITS OF NEW SEED
• Professionally handled and rigorously tested
• Germination tests to ensure peace of mind
• Meets U.S. Federal Seed Law standards
ECONOMICS OF NEW SEED VS. BIN-RUN
• Average loss of ~ 10-15% cleanout at harvest for bin-run seed
• New seed yields an average of 1.8 bushel/ acre more than bin-run (university yield trials range from 1.2-5.9 bushel/acre)
LIMITED WARRANTY BENEFITS
• Dealer agronomic support before and after the sale
• Risk management benefits of Roundup Rewards® (over $600 million in benefits paid)
SEED PIRACY DOESN'T PAY Seeds containing the Genuity® Roundup Ready 2 Yield® trait are protected under numerous U.S. patents. Seed containing patented traits, such as seed containing the Roundup Ready 2 Yield® traits, can only be used to plant a single commercial crop. It is unlawful to save and replant Genuity® Roundup Ready 2 Yield® soybeans. Additional information and limitations on these products are provided in the Monsanto Technology Stewardship Agreement and the Monsanto Technology Use Guide. The licensed U.S. patents for Monsanto technologies can be found at the following webpage: http://www.monsanto.com/productpatents LibertyLink Patent Statement: Soybean seeds containing the LibertyLink® trait are protected under multiple United States patents and may be planted only to produce one (1) commercial crop and only after signing a Grower Trait License agreement. It is illegal to save or catch soybean seeds containing the LibertyLink trait for use as planting seed or for transfer to others for use as planting seed.
SUPPLY & PRICE
GREAT LAKES HYBRIDS reserves the right to substitute product at its discretion for any reason, including but not limited to crop or product shortages. If the buyer rejects the substitute product, the buyer’s sole and exclusive remedy shall be the cancellation of this order. Prices and hybrids indicated on reverse side are subject to change at any time. If no price is listed on the reverse side, the price shall be the price set out in GREAT LAKES HYBRIDS’s current published price list for the upcoming crop year.
AGRONOMIC ZONE AND PLANTING YEAR
By purchasing seed products of GREAT LAKES HYBRIDS, the buyer understands that such products are for planting in the year of the purchase and that GREAT LAKES HYBRIDS has the obligation to pay royalties to trait providers for the products containing specific traits based on each grower’s agronomic zone. Buyer agrees to report the agronomic zone of each grower who will plant such traited products (including that of the buyer if he is a grower) to GREAT LAKES HYBRIDS. Such agronomic zones are defined and assigned by each of the trait providers at their sole discretion, and may be different from one provider to another. At any time, should GREAT LAKES HYBRIDS become aware that the seed product was invoiced for an in- correct agronomic zone or planting year, GREAT LAKES HYBRIDS will adjust the invoice to reflect the correct price. In such event, either GREAT LAKES HYBRIDS will promptly issue a refund, or the buyer will pay the corrected amount remaining owed to GREAT LAKES HYBRIDS.
LIMITATION OF WARRANTY AND REMEDY
GREAT LAKES HYBRIDS warrants that the seeds in the container are as described on the tag, subject to tolerances established by law. THE FOREGOING EXPRESS WARRANTY EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO OTHER WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION THEREON. GREAT LAKES HYBRIDS does not warrant that conventional seed produced or sold by GREAT LAKES HYBRIDS is free of genetically modified organisms (“GMO”), nor does GREAT LAKES HYBRIDS warrant that genetically modified seed produced or sold by GREAT LAKES HYBRIDS is free of unintentional GMO for any reason, (including but not limited to adventitious pollen contamination due to pollen drift caused by wind and/or insects). GREAT LAKES HYBRIDS specifically disclaims any warranty as to complete freedom of GMO for conventional seed produced or sold by GREAT LAKES HYBRIDS and GREAT LAKES HYBRIDS specifically disclaims any warranty as to complete freedom of unintentional GMO for genetically modified seed produced or sold by GREAT LAKES HYBRIDS. By acceptance and use of the seed, buyer agrees that GREAT LAKES HYBRIDS’s liability and the buyer’s exclusive remedy for breach of any warranty or other reason (if any) shall be limited, in all events, to a return of the purchase price of the affected seed, and in no event shall GREAT LAKES HYBRIDS be liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, or any similar loss) whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if advised of the possibility of such damages. All claims must be presented within a reasonable period of time and not later than thirty (30) days after discovery. Crop yields and quality are influenced by many causes and conditions beyond GREAT LAKES HYBRIDS’s control that GREAT LAKES HYBRIDS does not warrant yield or quality. Further, any recommendations given for selection or use of GREAT LAKES HYBRIDS’s products are based upon GREAT LAKES HYBRIDS’s best knowledge and for informational purposes only, and GREAT LAKES HYBRIDS does not warrant the results to be obtained with such recommendations. Unless accepted on the foregoing terms, buyer shall return the seed in the original unopened container within 15 days of purchase for a refund of the purchase price.
GREAT LAKES HYBRIDS reserves, and the buyer grants to GREAT LAKES HYBRIDS, a security interest in any and all delivered products in the inventory of the buyer and in all accounts receivable of the buyer arising from the sale of the GREAT LAKES HYBRIDS products, until full payment to GREAT LAKES HYBRIDS. Buyer agrees to execute such documents as GREAT LAKES HYBRIDS may request in order to perfect GREAT LAKES HYBRIDS’s security interest.
CREDIT BALANCE INFORMATION & CREDIT POLICY
The buyer may notify GREAT LAKES HYBRIDS by June 30 that it wishes to apply any overpayment (i.e., credit balance) as an advance payment against subsequent purchases. If the buyer does not send such notification, GREAT LAKES HYBRIDS will issue a refund check to the buyer as soon as practicable after June 30. This does not limit the buyer’s ability to specifically request a refund of an overpayment at any time. Note that payment of an early refund may impact other items, including early payment discounts and credits or qualification for various other programs or discounts offered by GREAT LAKES HYBRIDS. Notwithstanding the above, the buyer acknowledges and agrees that GREAT LAKES HYBRIDS may, in its sole discretion, apply any credit balance or payment that GREAT LAKES HYBRIDS receives from the buyer (directly or from a third party for the buyer’s account) to any past-due account that the buyer may have with AgReliant Genetics, LLC. A late payment charge of 1.5% per month (18% per annum), or the maximum lower rate allowed by law, will be added to all accounts not paid in full by the due date of payment, and for each month thereafter on the unpaid amount until paid in full. The buyer also agrees to bear any and all expenses related to the collection of any accounts deemed past due by GREAT LAKES HYBRIDS, including without limitation attorney fees and court costs.
IMPORTANT NOTICE: USE RESTRICTION Sale of this seed is allowed only in the U.S. and through GREAT LAKES HYBRIDS’s authorized dealers and distributors. One or more of the parental lines used to produce this seed is proprietary to or licensed to GREAT LAKES HYBRIDS. GREAT LAKES HYBRIDS grants to buyer a limited, non-exclusive, non-transferable right to use the seed for the sole purpose of growing a single commercial crop for the production of grain or forage for feeding or processing. Buyer agrees that it is not acquiring any rights to use the seed or any parental line(s) that may be unintentionally contained herein for any purpose other than the growing of a single commercial crop for the production of grain or forage for feeding or processing. Buyer shall not reproduce or transfer said seed or parental line(s), nor subject them (nor their pollen or any other plant part) to any breeding, research, development, biotechnology process, or any other genetic manipulation techniques, including (but not limited to) tissue culture, genetic fingerprinting or transformation techniques, sequencing, use of molecular markers or mutagenesis. The parental line(s) may also be protected under trade secret laws. Buyer further agrees that under these trade secret rights, any parental seed and the genetic material contained herein is confidential and must be maintained in confidence. Export of the seed and parental line(s) is prohibited. Further, the buyer shall ensure that any crop or material produced from this seed shall only be exported to, or used, processed or sold in countries where all necessary regulatory approvals have been granted. Unless accepted on the foregoing terms, buyer shall return the seed in the original unopened container within 15 days of purchase for a refund of the purchase price.
All orders and sales are subject to the Great Lakes Hybrids terms and conditions of sale as set out in the sales literature, on the back of the Great Lakes Hybrids order form and on the bags and tags of the products, including without limitation the terms and conditions of the Limitation of Warranty and Remedy. Great Lakes Hybrids makes no OTHER Warranties or representations of any kind, either expressed or implied, as to any matter. Any recommendations given for selection or use of the Great Lakes Hybrids products are based upon best knowledge of Great Lakes Hybrids and for informational purposes only, and Great Lakes Hybrids does not warrant the results to be obtained with such recommendations. Sale of Great Lakes Hybrids products is allowed only through authorized dealers and distributors of Great Lakes Hybrids.
Agronomic Zone and Planting Year: By purchasing seed products of Great Lakes Hybrids, the buyer understands that such products are for planting in the year of the purchase and that Great Lakes Hybrids has the obligation to pay royalties to trait providers for the products containing specific traits based on each grower’s agronomic zone.
Buyer agrees to report the agronomic zone of each grower who will plant such traited products (including that of the buyer if he is a grower) to Great Lakes Hybrids. Such agronomic zones are defined and assigned by each of the trait providers at their sole discretion, and may be different from one provider to another. At any time, should Great Lakes Hybrids become aware that the seed product was invoiced for an incorrect agronomic zone or planting year, Great Lakes Hybrids will adjust the invoice to reflect the correct price. In such event, either Great Lakes Hybrids will promptly issue a refund, or the buyer will pay the corrected amount remaining owed to Great Lakes Hybrids.
Do not export Genuity® Roundup Ready® Alfalfa seed or crop, including hay or hay products, to China pending import approval. In addition, due to the unique cropping practices do not plant Genuity® Roundup Ready® Alfalfa in Imperial County, California, pending import approvals and until Monsanto grants express permission for such planting.
Seeds containing the Genuity® Roundup Ready 2 Yield® or the Roundup Ready 2 Xtend™ traits can only be used to plant a single commercial crop. It is unlawful to save and replant Genuity® Roundup Ready 2 Yield® or Roundup Ready 2 Xtend™ soybeans. Additional information and limitations on the use of these products are provided in the Monsanto Technology Stewardship Agreement, the Monsanto Technology Use Guide, and 2016 Technology Use Guide Addendum to include Roundup Ready 2 Xtend™ Soybeans. U.S. patents for Monsanto technologies can be found at the following webpage: http://www.monsantotechnology.com
As of January 11, 2016 no dicamba herbicide product has been approved for commercial in-crop use with Roundup Ready 2 Xtend™ soybeans. DO NOT APPLY DICAMBA HERBICIDE IN-CROP TO Roundup Ready 2 Xtend™ Soybeans IN 2016 unless you use a dicamba herbicide product that is specifically labeled for that use in the location where you intend to make the application. While no in-crop use of dicamba is currently approved, some dicamba products may be labeled for weed control prior to planting a crop and subject to minimum plant back restrictions. IT IS A VIOLATION OF FEDERAL AND STATE LAW TO MAKE AN IN-CROP APPLICATION OF ANY DICAMBA HERBICIDE PRODUCT ON Roundup Ready 2 Xtend™ Soybeans, OR ANY OTHER PESTICIDE APPLICATION, UNLESS THE PRODUCT LABELING SPECIFICALLY AUTHORIZES THE USE. Contact the U.S. EPA and your state pesticide regulatory agency with any questions about the approval status of dicamba herbicide products for in-crop use with Roundup Ready 2 Xtend™ Soybeans and follow all pesticide product labeling.
Monsanto Company is a member of Excellence Through Stewardship® (ETS). Monsanto products are commercialized in accordance with ETS Product Launch Stewardship Guidance, and in compliance with Monsanto’s Policy for Commercialization of Biotechnology-Derived Plant Products in Commodity Crops. Certain products have been approved for import into key export markets with functioning regulatory systems. Roundup Ready 2 Xtend soybeans have been approved for cultivation in the U.S. and Canada, and for import in Australia/New Zealand, Colombia, China, Japan, Korea, Mexico, Taiwan, and Vietnam. The single events in Roundup Ready 2 Xtend soybeans have been approved for import in the EU. As of February 2, 2016, E.U. stack approval for Roundup Ready 2 Xtend soybeans is in the final stage of approval and is expected but not guaranteed to be received in the near future. Any crop or material produced from this product can only be exported to, or used, processed or sold in countries where all necessary regulatory approvals have been granted. Do not export Genuity® Roundup Ready® Alfalfa seed or crop, including hay or hay products, to China pending import approval.
It is a violation of national and international law to move material containing biotech traits across boundaries into nations where import is not permitted. Growers should talk to their grain handler or product purchaser to confirm their buying position for this product. Growers should refer to http://www.biotradestatus.com/ for any updated information on import country approvals. Excellence Through Stewardship® is a registered trademark of Biotechnology Industry Organization.
B.t. products may not yet be registered in all states. Check with your Monsanto representative for the registration status in your state.
IMPORTANT IRM INFORMATION: Genuity® RIB Complete® corn blend products do not require the planting of a structured refuge except in the Cotton-Growing Area where corn earworm is a significant pest. See the IRM/Grower Guide for additional information. Always read and follow IRM requirements.
ALWAYS READ AND FOLLOW PESTICIDE LABEL DIRECTIONS. Roundup Ready 2 Xtend Soybeans contains genes that confer tolerance to glyphosate and dicamba. Glyphosate herbicides will kill crops that are not tolerant to glyphosate. Dicamba will kill crops that are not tolerant to dicamba. Contact your Monsanto dealer or refer to Monsanto’s Technology Use Guide for recommended Roundup Ready® Xtend Crop System weed control programs. Roundup Ready® crops contain genes that confer tolerance to glyphosate, the active ingredient in Roundup® brand agricultural herbicides. Roundup® brand agricultural herbicides will kill crops that are not tolerant to glyphosate. DroughtGard®, Genuity Design®, Genuity Icons, Genuity®, RIB Complete and Design®, RIB Complete®, Roundup Ready 2 Technology and Design®, Roundup Ready 2 Yield®, Roundup Ready 2 Xtend®, Roundup Ready®, Roundup®, SmartStax®, VT Double PRO® and VT Triple PRO® are trademarks of Monsanto Technology LLC.
Bayer CropScience LP, 2 T.W. Alexander Drive, Research Triangle Park, NC 27709. Always reAd and follow label instructions. Bayer, the Bayer Cross, Liberty, LibertyLink and the Water Droplet Design are registered trademarks of Bayer. Liberty is not registered in all states. For additional product information call toll-free 1-866-99-BAYER (1-866-992-2937) or visit our website at www.BayerCropScience.us. Seed products with LibertyLink are tolerant to the herbicide glufosinate ammonium, an alternative to glyphosate, and combine high-yielding genetics with the powerful, nonselective, postemergence weed control of Liberty herbicide for higher yield potential and excellent weed control.
Seeds containing the LibertyLink® trait are protected under multiple U.S. patents and may be planted only to produce one (1) commercial crop, and only after signing a Bayer Grower Technology Agreement. It is illegal to save or catch seeds containing the LibertyLink trait for use as planting seed or for transfer to others for use as planting seed.
Please be reminded that the use of traited seed may be contingent on the signature of technology agreements. Please check with your seed representative.
Respect the Refuge and Corn Design® and Respect the Refuge® are registered trademarks of National Corn Growers Association. StandFast® is a registered trademark of Cal/West Seeds. Clearfield® is a trademark of BASF. Agrisure®, Agrisure Duracade®, Agrisure Viptera® and E-Z Refuge® are trademarks of a Syngenta Group Company. Pioneer®, Optimum®, Leptra®, Intrasect®, TRIsect® and AcreMax® are trademarks of Pioneer Hi-Bred. LG and Design are trademarks of SCA Limagrain. Great Lakes Hybrids is a brand name and codes identify branded products of Great Lakes Hybrids.Advantage Acre® and AgriShield® ST System are registered trademarks of AgReliant Genetics, LLC.All other trademarks are the property of their respective owners.
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