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. The Terms and Conditions of Sale are subject to change from time to time without prior notice. Refer to the ‘Terms of Sale’ tab at the bottom of www.agrigold.com for the most up-to-date Terms and Conditions of Sale.
Bayer is a member of Excellence Through Stewardship® (ETS). Bayer products are commercialized in accordance with ETS Product Launch Stewardship Guidance and in compliance with Bayer’s Policy for Commercialization of Biotechnology-Derived Plant Products in Commodity Crops. 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 Excellence Through Stewardship.
ALWAYS READ AND FOLLOW PESTICIDE LABEL DIRECTIONS. It is a violation of federal and state law to use any pesticide product other than in accordance with its labeling. NOT ALL formulations of dicamba or glyphosate are approved for in-crop use with Roundup Ready 2 Xtend® soybeans. NOT ALL formulations of dicamba, glyphosate or glufosinate are approved for in-crop use with products with XtendFlex® Technology. ONLY USE FORMULATIONS THAT ARE SPECIFICALLY LABELED FOR SUCH USES AND APPROVED FOR SUCH USE IN THE STATE OF APPLICATION. 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 or products with XtendFlex® Technology.
B.t. products may not yet be registered in all states. Check with your seed brand representative for the registration status in your state.
IMPORTANT IRM INFORMATION: 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.
DroughtGard® hybrids with RIB Complete® corn blend the refuge seed may not always contain DroughtGard® hybrids trait.
Seed containing a patented trait can only be used to plant a single commercial crop. It is unlawful to save and replant Roundup Ready 2 Yield® soybeans, Roundup Ready 2 Xtend® soybeans, and XtendFlex® soybeans. Additional information and limitations on the use of these products are provided in the Technology Stewardship Agreement and the Bayer Technology Use Guide: https://tug.bayer.com. U.S. patents for Bayer technologies can be found at the following webpage: http://www.monsantotechnology.com
Important: Always read and follow label and bag tag instructions; only those labeled as tolerant to glufosinate may be sprayed with glufosinate ammonium-based herbicides.
Roundup Ready® 2 Technology contains genes that confer tolerance to glyphosate. Roundup Ready 2 Xtend® soybeans contain genes that confer tolerance to glyphosate and dicamba. Products with XtendFlex® Technology contain genes that confer tolerance to glyphosate, glufosinate and dicamba. Glyphosate will kill crops that are not tolerant to glyphosate. Dicamba will kill crops that are not tolerant to dicamba. Glufosinate will kill crops that are not tolerant to glufosinate. Contact your seed brand dealer or refer to the Bayer Technology Use Guide for recommended weed control programs.
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, postemergent weed control of Liberty® herbicide for optimum yield and excellent weed control.
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. More information about Agrisure Duracade® is available at: http://www.biotradestatus.com/
ALWAYS READ AND FOLLOW PESTICIDE LABEL DIRECTIONS. Roundup Ready® crops contain genes that confer tolerance to glyphosate. Glyphosate herbicides will kill crops that are not tolerant to glyphosate.
Corteva Agriscience is a member of Excellence Through Stewardship® (ETS). Corteva Agriscience products are commercialized in accordance with ETS Product Launch Stewardship Guidance and in compliance with the Corteva Agriscience policies regarding stewardship of those products. In line with these guidelines, our product launch process for responsible launches of new products includes a longstanding process to evaluate export market information, value chain consultations, and regulatory functionality. Growers and end users must take all steps within their control to follow appropriate stewardship requirements and confirm their buyer’s acceptance of the grain or other material being purchased. For more detailed information on the status of a trait or stack, please visit www.biotradestatus.com.
Seeds containing the Enlist, Herculex and PowerCore traits are protected under numerous US patents. Seeds containing patented traits can only be used to plant a single commercial crop and cannot be saved or replanted. You acknowledge and agree to be bound by the terms and conditions of the following documents in effect at the time of planting of this seed: (i) the Technology Use Agreement and (ii) the Product Use Guides for all technologies in this seed, including the Herbicide Resistance Management (HRM), and Use requirements detailed therein (www.corteva.us/Resources/trait-stewardship.html).
To plant Enlist, Herculex and PowerCore seed, you must have a limited license from Corteva Agriscience (or other appropriate affiliates). In consideration of the foregoing, Corteva Agriscience grants to the Grower the limited license to use its technology to produce only a single commercial crop in the United States under the terms and conditions set forth in the Technology Use Agreement in effect at the time of planting of this seed.
Always read and follow herbicide label directions prior to use: Enlist® products contain the Enlist trait that provides crop safety for use of labeled over-the-top applications of glyphosate, glufosinate and 2,4-D herbicides featuring Colex-D® technology when applied according to label directions. Following burndown, the only 2,4-D containing herbicide products that may be used with Enlist® crops are products that feature Colex-D technology and are expressly labeled for use on Enlist crops. 2,4-D products that do not contain Colex-D technology are not authorized for use in conjunction with Enlist products.
Enlist E3® soybean seeds containing the Enlist® trait can only be used to plant a single commercial crop. It is unlawful to save and replant Enlist E3® soybeans. Additional information and limitations on the use of these products are provided in the Corteva Agriscience Technology Use Agreement and Enlist® Soybean Product Use Guide. U.S. patents for Dow AgroSciences technologies can be found at the following webpage: www.corteva.us/Resources/trait-stewardship.html.
Important: Always read and follow label instructions. Some products may not be registered for sale or use in all states or counties. Please check with your local extension service to ensure registration status. Avicta Complete Corn 250 is a Restricted Use Pesticide. For use by certified applicators only. Growers planting Avicta treated seed are not required to be certified applicators. Avicta technology is protected by U.S. Patent No. 6,875,727. AgReliant Genetics®, the AgReliant Genetics Design®, Advantage Acre®, AgriShield®, AgriGold® and the AgriGold Design® are trademarks of AgReliant Genetics, LLC. Acceleron®, DroughtGard®, RIB Complete®, Roundup Ready 2 Technology and Design™, Roundup Ready 2 Xtend®, Roundup Ready 2 Yield®, Roundup Ready®, SmartStax®, Trecepta®, VT Double PRO®, YieldGard VT Pro® and XtendFlex® are trademarks of Bayer Group. Insect control technology provided by Vip3A is utilized under license from Syngenta Crop Protection AG. Agrisure®, Agrisure Artesian®, Artesian™, Agrisure Duracade®, Agrisure Viptera®, Avicta®, Catalyst®, Cruiser® and Saltro® and E-Z Refuge® are trademarks of a Syngenta Group Company. The transgenic soybeans event in Enlist E3® soybeans is jointly developed and owned by Dow AgroSciences LLC and M.S. Technologies, L.L.C. Enlist®, Enlist E3®, the Enlist E3 logo™, and Colex-D® are trademarks of The Dow Chemical Company (“Dow”) or an affiliated company of Dow. HERCULEX® and the HERCULEX Shield are trademarks of Dow AgroSciences, LLC. Liberty®, LibertyLink®, Liberty® and the Water Droplet logo are registered trademarks of BASF. Respect the Refuge and Corn Design® and Respect the Refuge® are registered trademarks of National Corn Growers Association. All other trademarks are the property of their respective owners.
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Before opening a bag of seed, be sure to read and understand the stewardship requirements, including applicable refuge requirements for insect resistance management, for the biotechnology traits expressed in the seed set forth in the technology agreement that you sign. By opening and using a bag of seed, you are reaffirming your obligation to comply with those stewardship requirements.
Soybean Seed Piracy Statement: Roundup Ready 2 Yield® soybeans, Roundup Ready 2 Xtend® soybeans, and XtendFlex® soybeans
Seed containing a patented trait can only be used to plant a single commercial crop. It is unlawful to save and replant Roundup Ready 2 Yield® soybeans, Roundup Ready 2 Xtend® soybeans, and XtendFlex® soybeans. Additional information and limitations on the use of these products are provided in the Technology Stewardship Agreement and the Bayer Technology Use Guide: tug.bayer.com. U.S. patents for Bayer technologies can be found at the following webpage: cs.bayerpatents.bayer.com
Under the seed laws of several states, arbitration, mediation or conciliation is required as a prerequisite to maintaining legal action based upon the failure of seed to which this notice is attached to produce as represented. The consumer shall file a complaint (sworn for AR, FL, ID, IN, MS, MT, SC, TX, WA) (verified for in CO, IL) (signed only for CA, GA), 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 or plants by the state’s designated agency and AGRIGOLD, or within the period required by state law. A copy of the complaint shall be sent to AGRIGOLD by certified or registered mail or as otherwise provided by law.
AGRIGOLD 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 its order. Prices and hybrids are subject to change at any time. The price shall be the price set out in AGRIGOLD’s current published price list for the upcoming crop year, less any applicable programs or discounts offered in writing by AGRIGOLD. Programs and discounts may be modified from time to time without prior notice.
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 in- correct 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.
AGRIGOLD 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 AND IS VOID IF THE SEED PRODUCT IS SOLD TO BUYER BY AN UNAUTHORIZED SELLER. THERE ARE NO OTHER WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION THEREON. AGRIGOLD does not warrant that conventional seed produced or sold by AGRIGOLD is free of genetically modified organisms (“GMO”), nor does AGRIGOLD warrant that genetically modified seed produced or sold by AGRIGOLD 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). AGRIGOLD specifically disclaims any warranty as to complete freedom of GMO for conventional seed produced or sold by AGRIGOLD and AGRIGOLD specifically disclaims any warranty as to complete freedom of unintentional GMO for genetically modified seed produced or sold by AGRIGOLD. By acceptance and use of the seed, buyer agrees that AGRIGOLD’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 AGRIGOLD 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 AGRIGOLD’s control that AGRIGOLD does not warrant yield or quality. Further, any recommendations given for selection or use of AGRIGOLD’s products are based upon AGRIGOLD’s best knowledge and for informational purposes only, and AGRIGOLD 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.
AGRIGOLD reserves, and the buyer grants to AGRIGOLD, 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 AGRIGOLD products, until full payment to AGRIGOLD. Buyer agrees to execute such documents as AGRIGOLD may request in order to perfect AGRIGOLD’s security interest.
AGRIGOLD and buyer agree that any overpayment (i.e., credit balance) made during the planting year will automatically rollover to the following year as an advance payment against subsequent purchases unless buyer notifies AGRIGOLD that it would like a refund within 30 days after settlement. If buyer does send such notification, AGRIGOLD will issue a refund check to 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 AGRIGOLD. Notwithstanding the above, the buyer acknowledges and agrees that AGRIGOLD may, in its sole discretion, apply any credit balance or payment that AGRIGOLD 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 AGRIGOLD, including without limitation attorney fees and court costs.
Sale of this seed is allowed only in the U.S. and through AGRIGOLD’s authorized dealers and distributors and buyer may not re-sell the seed unless otherwise agreed to in writing by AGRIGOLD. One or more of the parental lines used to produce this seed is/are proprietary to or licensed to AGRIGOLD. Further, the traits and technology contained within this seed, as well as the parental lines and progeny, are covered by intellectual property protection, which may include plant variety certificates, trade secrets and patents which may include, but are not limited to, patented germplasm, transgenic traits, native traits, transformation technologies, methods of use and breeding methods. AGRIGOLD 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. Farm-seed saving is strictly forbidden and shall constitute a misappropriation of third party’s intellectual property, and therefore a breach of their legitimate rights and damage to said third party’s legitimate expectation of future sales. The purchase/bailment/transfer of this seed conveys no right under any intellectual property to use the seed for any purpose. 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, field or laboratory analysis, development, biotechnology process, or any other variety improvement purposes or 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. FOR TRAITED SEED, ACCEPTANCE OF TRAIT PROVIDERS’ TECHNOLOGY AGREEMENTS IS REQUIRED AS A CONDITION OF SALE AND BUYER AGREES TO COMPLY WITH ALL APPLICABLE PRODUCT USE GUIDES AND GROWER-FOCUSED STEWARDSHIP PRACTICES. Buyer consents to AGRIGOLD providing to trait providers, or their designees, its contact details for stewardship compliance purposes.
Last modified: August 2021
AgReliant Genetics, LLC d/b/a AgriGold (“Company” or “We”) promotes the importance of proper seed and trait stewardship. We maintain a stewardship policy, which is communicated to Company employees and dealers who manage seed and customer seed sales. We have successfully completed current Excellence Through Stewardship® audit requirements for our representative North American operations and have in place stewardship programs and quality management systems consistent with the Excellence Through Stewardship® program.
Dealers are required to abide by, and shall use reasonable commercial efforts to require growers to abide by, any stewardship and/or product use requirements pertaining to AgriGold products. Dealers should make reasonable efforts to send stewardship communications and training materials to growers and educate and provide guidance to growers on proper stewardship requirements.
GROWER TECHNOLOGY LICENSE AGREEMENTS
The use of traited seed may be contingent upon the signature of technology use agreements by the grower depending on the requirements of trait providers. Growers must sign technology use agreements to cover all traits before obtaining, planting, or growing seed. If you have questions, contact your local AgriGold sales representative.
When collecting information from the grower, the Company sales representative or dealer (as applicable) shall request the grower technology numbers. If the grower does not have a grower technology number required by the applicable trait provider, such traited seed shall not be transferred to the grower until the grower is properly licensed and supplies the technology number to the Company sales representative or dealer.
When a copy of the grower technology license agreement is provided by an employee of the Company or a dealer to the grower, a copy of the signed agreement shall be returned to the Company and retained in the customer’s permanent file. Employees of the Company shall not sign a grower technology license agreement on a grower’s behalf. The dealer and its employees shall not sign a grower technology license agreement on a grower’s behalf, except for the dealer may sign if the dealer is also a grower.
SPECIFIC REQUIREMENTS BY TRAIT PROVIDER
Bayer Technology/Stewardship Agreement
Corteva Agriscience Technology Use Agreement
BASF Grower Technology Agreement
Syngenta Seeds, Inc. Stewardship Agreement
GROWER POINT OF SALES (GPOS) Technology Reporting
The reporting of accurate grower points of sales (GPOS) information is critical to the Company’s stewardship of new technologies. This information is required for products containing technologies from Bayer, BASF, Corteva Agriscience, Forage Genetics, and Syngenta, and may be required by other trait suppliers.
REINFORCE SAVED SEED PROHIBITIONS
Dealers should proactively remind growers that seed containing a patented trait can only be used to plant a single commercial crop from which seed cannot be saved and replanted. Additional information and limitations on the use of such products are provided in the Bayer Technology Stewardship Agreement, the Corteva Agriscience Technology Use Agreement, the BASF Grower Technology Agreement, the Syngenta Stewardship Agreement, and the applicable Product Use Guides.
Any crop or material produced from biotechnology-derived plant products 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 such crop or material.
Dealers should encourage growers to consult http://www.ncga.com/know-you-grow (Know Before you Grow) for the approval status of biotech corn traits.
INSECT RESISTANCE MANAGEMENT
Dealers should proactively remind users that Insect Resistance Management is a requirement when purchasing insect-protected crops by conveying the following message:
Before opening a bag of seed, be sure to read and understand the stewardship requirements, including applicable refuge requirements for insect resistance management, for the biotechnology traits expressed in the seed as set forth in the technology agreements that you sign. By opening and using a bag of seed, you are reaffirming your obligation to comply with those stewardship requirements.
GUIDELINES FOR MANAGING SEED PIRACY MATTERS
NO PURCHASE NECESSARY TO ENTER OR TO CLAIM A PRIZE. A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. ALL APPLICABLE FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS, RULES, AND REGULATIONS APPLY. VOID WHERE PROHIBITED BY LAW.