Stine Seed Catalog 2022 - 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 and expended substantial effort in the
development and production of this seed, and in the use of subsequent production
of 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 to produce a single crop under STINE property rights, including where
applicable certain U.S. patents which can be found on the package and seed tags.
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 unless
USER has an agreement for such purposes, Seed and plants produced from Seed
will not be used or sold for seed, breeding, or any variety or hybrid development
or improvement purposes; these restrictions apply to all plants produced from
Seed, including without limitation variant and inbred plants and Seed that may be
contained in this package or grow from Seed. 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 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.
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 transgenic corn
traits or transgenic soybean traits. Words and phrases herein shall be construed as in
the singular or plural number, according to the context.
STINE and the Stine Trifoliate Logo are a registered trademark of Stine Seed Farm, Inc.,
Adel, IA.
© 2021 STINE SEED COMPANY
05/19/2020
Bayer Product Support receives calls and letters each year about potential seed
compliance matters. Anyone with a concern or question can anonymously call
1-800-768-6387.
Seed containing the XtendFlex®
crop. It is unlawful to save and replant XtendFlex®
traits can only be used to plant a single commercial
soybeans. Additional information
and limitations on the use of this product 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
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.
STINESEED.COM
800.362.2510
70

https://tug.bayer.com http://www.monsantotechnology.com http://www.STINESEED.COM

Stine Seed Catalog 2022

Table of Contents for the Digital Edition of Stine Seed Catalog 2022