SUPPLY & PRICE
GOLDEN ACRES 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 GOLDEN ACRES’s current published price list for the upcoming crop year.
AGRONOMIC ZONE AND PLANTING YEAR
By purchasing seed products of GOLDEN ACRES, the buyer understands that such products are for planting in the year of the purchase and that GOLDEN ACRES 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 GOLDEN ACRES. 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 GOLDEN ACRES become aware that the seed product was invoiced for an in- correct agronomic zone or planting year, GOLDEN ACRES will adjust the invoice to reflect the correct price. In such event, either GOLDEN ACRES will promptly issue a refund, or the buyer will pay the corrected amount remaining owed to GOLDEN ACRES.
LIMITATION OF WARRANTY AND REMEDY
GOLDEN ACRES 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. GOLDEN ACRES does not warrant that conventional seed produced or sold by GOLDEN ACRES is free of genetically modified organisms (“GMO”), nor does GOLDEN ACRES warrant that genetically modified seed produced or sold by GOLDEN ACRES 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). GOLDEN ACRES specifically disclaims any warranty as to complete freedom of GMO for conventional seed produced or sold by GOLDEN ACRES and GOLDEN ACRES specifically disclaims any warranty as to complete freedom of unintentional GMO for genetically modified seed produced or sold by GOLDEN ACRES.
By acceptance and use of the seed, buyer agrees that GOLDEN ACRES’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 GOLDEN ACRES 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 GOLDEN ACRES’s control that GOLDEN ACRES does not warrant yield or quality. Further, any recommendations given for selection or use of GOLDEN ACRES’s products are based upon GOLDEN ACRES’s best knowledge and for informational purposes only, and GOLDEN ACRES 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.
GOLDEN ACRES reserves, and the buyer grants to GOLDEN ACRES, 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 GOLDEN ACRES products, until full payment to GOLDEN ACRES. Buyer agrees to execute such documents as GOLDEN ACRES may request in order to perfect GOLDEN ACRES’s security interest.
CREDIT BALANCE INFORMATION & CREDIT POLICY
The buyer may notify GOLDEN ACRES 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, GOLDEN ACRES 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 GOLDEN ACRES. Notwithstanding the above, the buyer acknowledges and agrees that GOLDEN ACRES may, in its sole discretion, apply any credit balance or payment that GOLDEN ACRES 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 GOLDEN ACRES, 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 GOLDEN ACRES’s authorized dealers and distributors. One or more of the parental lines used to produce this seed is proprietary to or licensed to GOLDEN ACRES. GOLDEN ACRES 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.
GOLDEN ACRES® and design are registered trademarks of AgReliant Genetics, LLC. ©2016 AgReliant Genetics, LLC
All other trademarks are the property of their respective owners.
SEED RETURN GUIDELINES
All seed returned to Golden Acres Genetics is to be received by July 1, 2017 in resalable condition. Seed returned after this date will not receive credit. After the last Golden Acres Genetics return pick-up of seed, returns will be the responsibility of the dealer. Returns exceeding 25% of shipments will be charged a $5.00/unit handling fee.
Golden Acres Genetics reserves the right to charge $25.00 for each Golden Box returned full and to assess a late return fee of $250/box on all Golden Boxes returned after July 1, 2017.
Please note: Opened or damaged Golden Boxes containing seed are non-returnable. This includes full boxes of seed with damaged or broken seals.
TRAIT STEWARDSHIP POLICY
Golden Acres Genetics (“Company”) promotes the importance of proper seed and trait stewardship by communicating this policy to its employees and dealers who manage seed and customer seed sales.
REINFORCE SAVED SEED PROHIBITIONS
Proactively remind users that saving seed protected by patent is prohibited. Messages to discourage saved seed can include the legal risks, the performance value that new varieties bring, as well as the ability to qualify for certain programs (e.g., seed company replant protection).
GROWER TECHNOLOGY LICENSE AGREEMENTS
The use of traited seed may be contingent upon the signature of technology agreements by the grower depending on the requirements of the trait providers.
When collecting information from the grower, the 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 sales representative or dealer.
When the hard copy of the grower technology license agreement is provided by an employee of the Company or its dealer to the grower, a copy of the signed agreement shall be returned to the Company and retained in the customer 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 if the dealer is also a grower.
Specific requirements by trait provider:
- Monsanto Technology/Stewardship Agreement (MTSA).
- All sales of corn, soybean and alfalfa seed containing Monsanto technologies (including without limitation SmartStax®) are sold ONLY to growers who have previously signed an MTSA that has been accepted by Monsanto. Regularly check the “Grower License Lookup” and the “Unauthorized Grower List” posted on www.corn-states.com as this list can change daily. If a grower is not yet licensed, assist the grower by encouraging them to register at www.AgCelerate.com or call1-800-ROUNDUP (1-800-768-6387) Option #3, to obtain a license. They may continue to visit www.corn-states.com for license status inquiries.
- Stock and provide to growers a Monsanto Technology Use Guide (TUG), if they have not previously received one.
- Bayer Grower Technology Agreement (BGTA)
- Use of soybean seeds containing the LibertyLink® trait is subject to the signature of a Bayer CropScience LP (“BAYER”) Grower Technology Agreement. If a grower is not yet licensed, assist the grower by encouraging them to register at www.AgCelerate.com to obtain a license. For more information, http://www.linkup.bayercropscience.us.
- Syngenta Seeds, Inc. Stewardship Agreement
- Signature of a Syngenta Seeds, Inc. Stewardship Agreement that has been accepted and not revoked by Syngenta, is required prior to the transfer of corn or soybean seed containing Syngenta technologies. If a grower is not yet licensed, assist the grower by encouraging them to go to the Syngenta website to obtain a license. For more information, http://www.agrisuretraits.com/Stewardship.aspx.
- Proactively remind users that: 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.
- 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
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
- Employees are not to overlook seed piracy.
- Employees are NOT to participate in seed piracy acts or cover-ups.
- Use seed piracy literature to educate customers about the benefits of new seed and risks associated with seed piracy.
- For Monsanto technologies, report Seed Piracy issues anonymously to 1-800-ROUNDUP (1-800-768-6387).