Stine Seed Catalog 2024 - 55

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.
© 2023 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: tug.bayer.com.
U.S. patents for Bayer technologies can be found at the following webpage:
cs.bayerpatents.bayer.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.
STINESEED.COM
800.362.2510
54

http://tug.bayer.com http://cs.bayerpatents.bayer.com http://www.STINESEED.COM

Stine Seed Catalog 2024

Table of Contents for the Digital Edition of Stine Seed Catalog 2024