(as of 6-2-2015)
SUPPLY & PRICE
Every reasonable effort will be made to furnish seed as indicated in this order. If PRIDE is unable to furnish this seed for any reason (including without limitation crop failure, total or partial shortage of products and/or seed sizes in term of quantity and/or quality, destruction of all or part of production facilities, failure of carriers), the buyer’s sole and exclusive remedy shall be the cancellation of this order. In the event of short supply for a given product, PRIDE reserves the right to distribute the available quantity among any of its customers at its sole discretion. Prices and hybrids indicated on reverse side are subject to change anytime. If no price is listed on the reverse side, the price shall be the price set out in PRIDE’s published price list for the upcoming crop year.
AGRONOMIC ZONE AND PLANTING YEAR
By purchasing seed products of PRIDE, the buyer understands that such products are for planting in the year of the purchase and that PRIDE 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 PRIDE. 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 PRIDE become aware that the seed product was invoiced for an in- correct agronomic zone or planting year, PRIDE will adjust the invoice to reflect the correct price. In such event, either PRIDE will promptly issue a refund, or the buyer will pay the corrected amount remaining owed to PRIDE.
LIMITATION OF WARRANTY AND REMEDY
PRIDE (“Company”) 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. The Company does not warrant that conventional seed produced or sold by the Company is free of genetically modified organisms (“GMO”) nor does the Company warrant that genetically modified seed produced or sold by the Company 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). Company specifically disclaims any warranty as to complete freedom of GMO for conventional seed produced or sold by the Company and Company specifically disclaims any warranty as to complete freedom of unintentional GMO for genetically modified seed produced or sold by the Company. By acceptance and use of the seed, buyer agrees that the Company’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 the Company 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 due to so many causes and conditions beyond the Company’s control that neither the Company nor dealer warrants yield or quality. Further, any recommendations given for selection or use of the Company’s products are based upon the Company’s best knowledge and for informational purposes only, and the Company 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 un- opened container within 15 days of purchase for a refund of the purchase price.
PRIDE reserves, and the buyer grants to PRIDE, 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 PRIDE products, until full payment to PRIDE. Buyer agrees to execute such documents as PRIDE may request in order to perfect PRIDE’s security interest.
CREDIT BALANCE INFORMATION & CREDIT POLICY
The buyer may notify PRIDE 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, PRIDE 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 PRIDE. 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 PRIDE, including without limitation attorney fees and court costs.
IMPORTANT NOTICE: USE RESTRICTION
Sale of hybrid corn seed of PRIDE is allowed only through PRIDE's authorized dealers and in the U.S. One or more of the parental lines used to produce the hybrid corn seed is proprietary to or licensed to PRIDE. PRIDE grants to buyer a limited, non-exclusive, non-transferable right to use the PRIDE hybrid corn seed for the sole purpose of production of grain or forage for feeding or processing. Buyer agrees that it is not acquiring any rights to use the hybrid corn seed or any parental line(s) that may be unintentionally contained herein for purpose other than production of grain or forage for feeding or processing. Buyer shall not reproduce or transfer said hybrid corn seed or parental line(s), nor subject them (nor their pollen or any other plant part) to any breeding, biotechnology process, or any other genetic manipulation techniques, including (but not limited to) tissue culture, genetic fingerprinting or transformation techniques. 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 hybrid corn seed and parental line(s) is prohibited. 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.
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