LG SEEDS TERMS AND CONDITIONS OF SALE
(as of July 2020)
ARBITRATION/CONCILIATION/MEDIATION REQUIRED BY SEVERAL STATES
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 LG Seeds, or within the period required by state law. A copy of the complaint shall be sent to LG Seeds by certified or registered mail or as otherwise provided by law.
SUPPLY & PRICE
LG SEEDS 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 LG SEEDS’s current published price list for the upcoming crop year, less any applicable programs or discounts offered in writing by LG SEEDS. Programs and discounts may be modified from time to time without prior notice.
AGRONOMIC ZONE AND PLANTING YEAR
By purchasing seed products of LG SEEDS, the buyer understands that such products are for planting in the year of the purchase and that LG SEEDS 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 LG SEEDS. 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 LG SEEDS become aware that the seed product was invoiced for an in- correct agronomic zone or planting year, LG SEEDS will adjust the invoice to reflect the correct price. In such event, either LG SEEDS will promptly issue a refund, or the buyer will pay the corrected amount remaining owed to LG SEEDS.
LIMITATION OF WARRANTY AND REMEDY
LG SEEDS 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. LG SEEDS does not warrant that conventional seed produced or sold by LG SEEDS is free of genetically modified organisms (“GMO”), nor does LG SEEDS warrant that genetically modified seed produced or sold by LG SEEDS 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). LG SEEDS specifically disclaims any warranty as to complete freedom of GMO for conventional seed produced or sold by LG SEEDS and LG SEEDS specifically disclaims any warranty as to complete freedom of unintentional GMO for genetically modified seed produced or sold by LG SEEDS. By acceptance and use of the seed, buyer agrees that LG SEEDS’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 LG SEEDS 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 LG SEEDS’s control that LG SEEDS does not warrant yield or quality. Further, any recommendations given for selection or use of LG SEEDS’s products are based upon LG SEEDS’s best knowledge and for informational purposes only, and LG SEEDS 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.
LG SEEDS reserves, and the buyer grants to LG SEEDS, 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 LG SEEDS products, until full payment to LG SEEDS. Buyer agrees to execute such documents as LG SEEDS may request in order to perfect LG SEEDS’s security interest.
RIGHT TO OFFSET
LG SEEDS 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 LG SEEDS that it would like a refund within 30 days after settlement. If buyer does not send such notification, LG SEEDS 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 LG SEEDS. Notwithstanding the above, the buyer acknowledges and agrees that LG SEEDS may, in its sole discretion, apply any credit balance or payment that LG SEEDS 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 LG SEEDS, 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 LG SEEDS’s authorized dealers and distributors and buyer may not re-sell the seed unless otherwise agreed to in writing by LG SEEDS. One or more of the parental lines used to produce this seed is/are proprietary to or licensed to LG SEEDS. 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. LG SEEDS 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 LG SEEDS providing to trait providers, or their designees, its contact details for stewardship compliance purposes.
Last modified: November 21, 2019
AgReliant Genetics, LLC d/b/a LG Seeds (“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.
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 the 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 LG Seeds sales representative.
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.
- BASF Grower Technology Agreement (BGTA)
- Use of soybean seeds containing the LibertyLink® trait is subject to the signature of a BASF (“BASF”) 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 or call 1-866-784-4630.
- 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 www.agcelerate.com or the Syngenta website to obtain a license. For more information call the Syngenta Customer Resource Center at: 1-877-GRO-CORN (1-877-476-2676).
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. Growers may consult http://www.ncga.com/know-you-grow
(Know Before you Grow) for the approval status of biotech corn traits.
Insect Resistance Management
Insect Resistance Management is a requirement when purchasing insect-protected crops. 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.
Saved Seed Prohibitions and Seed Piracy
Saving seed protected by patent is prohibited. Seed containing a patented trait can only be used to plant a single commercial crop from which seed cannot be saved and replanted. For questions regarding a trait owners patents, please visit the respective trait provider’s website.
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)
Product Use Restrictions
All orders and sales are subject to LG Seeds’ Terms and Conditions of Sale, which include but are not limited to the Limitation of Warranty & Remedy and Agronomic Zone and Planting Year. All Terms and Conditions of Sale are subject to change
from time to time without prior notice. For the most up to date Terms and Conditions of Sale, please visit www.lgseeds.com/legal.
Monsanto Company is a member of Excellence Through Stewardship® (ETS). Monsanto products are commercialized in accordance with ETS Product Launch Stewardship Guidance, and in compliance with Monsanto’s Policy for Commercialization of Biotechnology-Derived Plant Products in Commodity Crops. Certain 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. Growers should refer to http://www.biotradestatus.com/ for any updated information on import country approvals. Excellence Through Stewardship® is a registered trademark of Biotechnology Industry Organization.
ALWAYS READ AND FOLLOW DIRECTIONS FOR USE ON PESTICIDE LABELING. 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. ONLY USE FORMULATIONS THAT ARE SPECIFICALLY LABELED FOR SUCH USES AND APPROVED FOR SUCH USE IN THE STATE OF APPLICATION. MAY NOT BE APPROVED IN ALL STATES. 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.
Roundup Ready 2 Xtend® soybeans contains genes that confer tolerance to glyphosate and dicamba. Glyphosate will kill crops that are not tolerant to glyphosate. Dicamba will kill crops that are not tolerant to dicamba. Contact your seed LG Seeds dealer or refer to the Technology Use Guide for recommended weed control programs.
B.t. products may not yet be registered in all states. Check with your 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. SmartStax® RIB Complete® corn blend is not allowed to be sold for planting in the Cotton-Growing Area. 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.
ALWAYS READ AND FOLLOW PESTICIDE LABEL DIRECTIONS. Roundup Ready® technology contains genes that confer tolerance to glyphosate, an active ingredient in Roundup® brand agricultural herbicides. Agricultural herbicides containing glyphosate will kill crops that are not tolerant to glyphosate.
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.
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.
In the following states, purchase and use of HarvXtra® Alfalfa with Roundup Ready® Technology is subject to a Seed and Feed Use Agreement, requiring that products of this technology can only be used on farm or otherwise be used in the United States: Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming. In addition, due to the unique cropping practices do not plant HarvXtra® Alfalfa with Roundup Ready® Technology in Imperial County, California, pending import approval and until Forage Genetics International, LLC (FGI) grants express permission for such planting.
Forage Genetics International, LLC (“FGI”) is a member of Excellence Through Stewardship® (ETS). FGI products are commercialized in accordance with ETS Product Launch Stewardship Guidance, and in compliance with FGI’s Policy for Commercialization of Biotechnology-Derived Plant Products in Commodity Crops. HarvXtra® Alfalfa with Roundup Ready® Technology and Roundup Ready® Alfalfa have pending import approvals. GROWERS MUST DIRECT ANY PRODUCT PRODUCED FROM HARVXTRA® ALFALFA WITH ROUNDUP READY® TECHNOLOGY SEED OR CROPS (INCLUDING HAY AND HAY PRODUCTS) ONLY TO UNITED STATES DOMESTIC USE. 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. Growers should refer to http://www.biotradestatus.com/ for any updated information on import country approvals. Excellence Through Stewardship® is a registered trademark of Biotechnology Industry Organization.
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. Roundup Ready® is registered trademarks of Monsanto
Technology LLC, used under license by Forage Genetics International, LLC. HarvXtra® is a registered trademark of Forage Genetics International, LLC. HarvXtra® Alfalfa with Roundup Ready® Technology is enabled with Technology from The Samuel
Roberts Noble Foundation, Inc.
DroughtGard®, RIB Complete and Design®, RIB Complete®, Roundup Ready 2 Technology and Design®, Roundup Ready 2 Xtend®, Roundup Ready 2 Yield®, Roundup Ready®, Roundup®, SmartStax and Design®, SmartStax®, Trecepta®, Trecepta® RIB Complete®, and VT Double PRO® are trademarks of Bayer Group. Clearfield®, Liberty®, LibertyLink® and the Water Droplet Design® are registered trademarks of BASF Corporation. HERCULEX®, the HERCULEX Shield, Hi-Gest®, StandFast®, are trademarks of Dow AgroSciences LLC. Agrisure®, Agrisure Artesian®, Artesian™, Agrisure Viptera®, Catalyst®, and E-Z Refuge® are trademarks of a Syngenta Group Company. 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. All other trademarks are the property of their respective owners.