Stine Seed Catalog 2020 - 70

LIMITATION OF WARRANTIES and DAMAGES -
SEED USE RESTRICTION AGREEMENT
This Seed Use Restriction Agreement (the "Agreement") applies to all users
("User(s)") of the seed ("Seed") contained in this package. If you purchase the Seed,
you agree that you and any person or entity, including employees, representatives,
contractors and agents thereof, who plant, grow, cultivate or otherwise use the Seed,
will abide by these use restrictions. If you open or cause any person or entity to open
a package of Seed, you agree that you accept the terms of this Agreement, and you,
your employees, representatives, contractors and agents will abide by these use
restrictions.
SEED USE AGREEMENT
STINE SEED COMPANY ("STINE") and its suppliers are engaged in the business of
developing and supplying for sale various varieties and/or hybrids of Seed. STINE and
its suppliers have a substantial investment in the development and production of this
seed, and in the use of subsequent production of Seed. STINE and its suppliers have
expended substantial effort in developing a market for seed. STINE and its suppliers
have existing contractual relationships with other distributors for the sale of seed
and expectations of additional contracts for sale of seed from such distributors in the
future. The purchase of the Seed includes a limited license under the U.S. patents on
the package and seed tag to produce a single crop.
In consideration of the foregoing, and in consideration of the Seed that User has been
sold or otherwise granted the right to use, User hereby acknowledges and agrees that
the production from the Seed will be used only for feed or processing, and will not
be used or sold for seed, breeding, or any variety or hybrid improvement purposes
unless User has a valid agreement with STINE for such purposes. User acknowledges
STINE and its suppliers have a proprietary interest in the use of subsequent
production from the Seed, and agrees it would be a violation of this Agreement to
allow the subsequent production of the Seed to be used to create any seed variety or
seed product from said production. Any 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.
User agrees and acknowledges that any use of the Seed, which is forbidden by this
Agreement will constitute a misappropriation of the personal property of STINE and
its suppliers, and will therefore result in a breach of this Agreement. User agrees that
STINE and/or its suppliers 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. User 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. This Agreement shall
be governed under the laws of the State of Iowa.
User agrees and acknowledges that any use of the Seed, which is forbidden by this
Agreement, will damage STINE and its suppliers' legitimate expectation of future
sales of seed, and any use of Seed in violation of this Agreement will constitute
an attempt to intentionally injure or destroy STINE and its suppliers' prospective
business expectations in future sales of seed.
User agrees and acknowledges that any use of Seed from STINE in violation of this
Agreement will cause substantial damage to STINE and/or its suppliers, and that if
subsequent production of the Seed is used to create a seed variety or seed product,
substantial damage to STINE and or its suppliers for all seed varieties or seed products
thereby created will be caused. This Agreement shall not limit any other rights, legal
or equitable, that STINE and its suppliers have but shall be accumulative.
User agrees to only use agricultural herbicide that are expressly labeled for use in
conjunction with the Seed and have received government approvals as specified in a
product use guide.
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
seller 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.

800.362.2510 | STINESEED.COM
70

OTHER TERMS & CONDITIONS
For sale in the U.S. only. STINE assumes no responsibility for STINE's supplier's,
distributor's or dealer's verbal and/or written claims, promises, warranties or actions
which are contrary to STINE's normal operating policies. USER must notify STINE
within fourteen (14) days of becoming aware of alleged issues regarding the quality
or performance of the Seed.
LIMITATION OF WARRANTIES & DAMAGES
STINE warrants, to the extent of the purchase price and to the extent that the
packaging and label have not been compromised, that the Seed is as described on
the package and on the tag attached thereto within recognized tolerances. STINE
gives 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. STINE shall not be liable for incidental
or consequential damages, including loss of profits. STINE'S 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. BY ACCEPTANCE OF THIS SEED OR OPENING THIS PACKAGE, USER
ACCEPTS THE TERMS HEREIN. IF USER DOES NOT AGREE WITH THESE TERMS AND
CONDITIONS, USER MUST RETURN THE ORIGINAL UNOPENED SEED PACKAGE TO
STINE WITHIN TWENTY DAYS OF RECEIPT AND USER'S SOLE REMEDY SHALL BE FOR
REFUND OF THE USER'S ORIGINAL PURCHASE PRICE. STINE may modify and amend
the terms and conditions of this Agreement without notice and in its sole discretion.
STINE has utilized standard industry isolation and purity procedures in the production
of seed products. Because of contamination factors beyond STINE's control, STINE
cannot warrant or represent that STINE seed products are free of other genetically
modified organisms.
STINE and the Stine Trifoliate Logo are a registered trademark of Stine Seed Farm, Inc.
Words and phrases herein shall be construed as in the singular or plural number,
according to the context.
© 2019 STINE SEED COMPANY
Seed containing a patented trait can only be used to plant a single commercial crop
from which seed cannot be saved and replanted. Examples of seed containing a
patented trait include but are not limited to Roundup Ready 2 Yield® soybeans, and
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 the Roundup Ready 2 Xtend® Soybean
Technology Use Guide Supplement. U.S. patents
for Monsanto technologies can be found at the following webpage:
http://www.monsantotechnology.com.
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® gain access to the following benefits:
Yield. Planting newly purchased seed ensures that you are using the latest and
highest-yielding genetics available for maximum yields.
Access to the latest technology. Purchasing new seed ensures access to the latest
seed technologies on the market today.
Reliable germination and quality. Branded seed has been rigorously tested for
quality, has been properly stored and conditioned, and is free of seedborne diseases.
Customer service. Purchased seed comes in convenient packaging and brings access
to dealer agronomic support both before and after the sale.
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.
Most soybeans are covered by varietal patents, which does not allow you to save and
plant the seed from those varieties without a license. Dollars paid on the purchase
of new seed provide funding for research and development of new traits and higher
yielding germplasm. Stine® Seed Company and its trait providers such as Monsanto
are committed to our customer's success.
http://www.monsantotechnology.com http://www.STINESEED.COM
Stine Seed Catalog 2020

Table of Contents for the Digital Edition of Stine Seed Catalog 2020
