LEGAL INFORMATION | Contact us for more information
All orders and sales are subject to the AgriGold Terms and Conditions of Sale, which include but are not limited to the Limitation of Warranty & Remedy and Agronomic Zone and Planting Year. All Terms and Conditions of Sale are subject to change from time to time without prior notice. For the most up to date Terms and Conditions of Sale, see the AgriGold website at www.agrigold.com.
Please be reminded that the use of traited seed may be contingent on the signature of technology agreements. Please check with your seed representative. All products are subject to availability.
AGRONOMIC ZONE AND PLANTING YEAR
By purchasing seed products of AgriGold, the buyer understands that such products are for planting in the year of the purchase and that AgriGold 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 AgriGold. 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 AgriGold become aware that the seed product was invoiced for an incorrect agronomic zone or planting year, AgriGold will adjust the invoice to reflect the correct price. In such event, either AgriGold will promptly issue a refund, or the buyer will pay the corrected amount remaining owed to AgriGold. 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.
Only commercialized products have been approved for import into key export markets with functioning regulatory systems. 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. 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. 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. Always read and follow IRM requirements. AgriGold® and Design, AgReliant Genetics® and Design, AdvantageAcre®, WeKnow Corn™, Corn Specialist™, Giants™, and Yield Masters™ are trademarks and servicemarks of AgReliant Genetics, LLC.
ALWAYS READ AND FOLLOW PESTICIDE LABEL DIRECTIONS.
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.
Acceleron®, DroughtGard®, Genuity Design®, Genuity®, RIB Complete and Design®, RIB Complete®, Roundup Ready 2 Technology and Design®, Roundup Ready®, Roundup®, SmartStax and Design®, SmartStax®, VT Double PRO® and VT Triple PRO® are trademarks of Monsanto Technology LLC.
Liberty®, LibertyLink®, the Water Droplet Design®, Poncho®, and VOTiVO® are registered trademarks of Bayer. Herculex® is a registered trademark of Dow AgroSciences LLC. Respect the Refuge and Corn Design® and Respect the Refuge® are registered trademarks of National Corn Growers Association.
Agrisure® Technology incorporated into these seeds is commercialized under license from Syngenta Seeds, Inc. Herculex® Technology incorporated into these seeds is commercialized under license from Dow AgroSciences LLC. Seed products with the LibertyLink® (LL) trait are resistant to the herbicide glufosinate ammonium, an alternative to glyphosate in corn, and combine high-yielding genetics with the powerful, non-selective, post-emergent weed control of Liberty® herbicide for optimum yield and excellent weed control. Callisto®Xtra, Lexar®, Lumax® and Bicep II Magnum® are Restricted Use Pesticides.
Important: Always read and follow all bag tag and label instructions before buying or using Syngenta products. The instructions contain important conditions of sale, including limitations of warranty and remedy. All products may not be registered for sale or use in all states or countries. Please check with your state or local extension service before buying or using Syngenta products. Agrisure®, Agrisure Viptera®, Apron XL®, Maxim®, Cruiser Extreme®, Force®, Bicep II Magnum®, Callisto®, Lexar®, Lumax®, Spirit®, NorthStar®, Princep®, Halex® GT, Dual II Magnum®, and Zemax® are registered trademarks of a Syngenta Group Company. Confidence®, Degree Xtra®, and TripleFLEX® are registered trademarks of Monsanto Technology LLC. Capture® is a registered trademark of FMC Corporation. Impact® is a registered trademarks of Amvac Chemical Corporation.
SUPPLY & PRICE
Every reasonable effort will be made to furnish seed as indicated in this order. If BRAND is unable to furnish this seed for any reason (including without limitation crop failure, total or partial shortage of products and/or seed sizes in term of quantity and/or quality, destruction of all or part of production facilities, failure of carriers), the buyer’s sole and exclusive remedy shall be the cancellation of this order. In the event of short supply for a given product, BRAND reserves the right to distribute the available quantity among any of its customers at its sole discretion. Prices and hybrids indicated on reverse side are subject to change anytime. If no price is listed on the reverse side, the price shall be the price set out in BRAND’s published price list for the upcoming crop year.
LIMITATION OF WARRANTY AND REMEDY
BRAND (“Company”) 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. The Company does not warrant that conventional seed produced or sold by the Company is free of genetically modified organisms (“GMO”) nor does the Company warrant that genetically modified seed produced or sold by the Company 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). Company specifically disclaims any warranty as to complete freedom of GMO for conventional seed produced or sold by the Company and Company specifically disclaims any warranty as to complete freedom of unintentional GMO for genetically modified seed produced or sold by the Company. By acceptance and use of the seed, buyer agrees that the Company’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 the Company 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 the Company’s control that the Company does not warrant yield or quality. Further, any recommendations given for selection or use of the Company’s products are based upon the Company’s best knowledge and for informational purposes only, and the Company 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.
BRAND reserves, and the buyer grants to BRAND, 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 BRAND products, until full payment to BRAND. Buyer agrees to execute such documents as BRAND may request in order to perfect BRAND’s security interest.
CREDIT BALANCE INFORMATION & CREDIT POLICY
The buyer may notify BRAND 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, BRAND 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 BRAND. 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. Notwithstanding the above, the buyer acknowledges and agrees that BRAND may, in its sole discretion, apply any payment that BRAND receives from the buyer to any past-due account that the buyer may have with AgReliant Genetics, LLC. The buyer also agrees to bear any and all expenses related to the collection of any accounts deemed past due by BRAND, including without limitation attorney fees and court costs.
IMPORTANT NOTICE: USE RESTRICTIONS
Sale of this seed is allowed only in the U.S. and through BRAND’s authorized dealers and distributors. One or more of the parental lines used to produce this seed is proprietary to or licensed to BRAND. BRAND 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.
Precision Planting and vSet Select are registered trademarks for Precision Planting LLC.
All other trademarks are the property of their respective owners.
© 2017 AgReliant Genetics, LLC.