Merschman Seeds and Design™, Bonus Coated+,Pearl Coat+™and Design™, Your Friend in the Field®, and Merschman Order Guarantee and Design™ are trademarks of Merschman Seeds, Inc.
Merschman Brand Soybean and Wheat Seed Purchase Agreement
Supplier represents and Purchaser hereby acknowledges that Supplier is engaged in the business of developing and supplying for sale various varieties of soybean and wheat seeds. Supplier has a substantial investment in the development and production of the Merschman Brand Soybean and Wheat Seeds herein sold. Supplier has expended substantial effort in developing a market for Merschman Brand Soybean and Wheat Seeds. Supplier has existing contractual relationships with other purchasers and growers for the sale of Merschman Brand Soybean and Wheat Seeds and expectation of additional contracts for sale of Merschman Brand Soybean and Wheat Seeds in the future. The purchase of the seeds includes a limited license under the U.S. patents on the bag and seed tag to produce a single crop.
In consideration of the foregoing and in consideration of the Merschman Brand Seeds herein sold, Purchaser hereby acknowledges and agrees that the production from the Merschman Brand Soybean and Wheat Seeds herein sold will be used only for feed or processing and will not be used or sold for seed, breeding, or any variety improvement purposes. Purchaser acknowledges Supplier’s proprietary interest in the use of the subsequent production from the seeds herein sold, and agrees it would be a violation of this agreement to allow the subsequent production of the seeds herein sold to be used to create a seed variety or seed product from said production, which may be used for seed purposes by individuals or entities other than Merschman Seeds, Inc. Purchaser agrees and acknowledges that any use of Merschman Brand Soybean and Wheat Seeds, which is forbidden by this agreement, will constitute a misappropriation of the personal property of Merschman Seeds, Inc., and will therefore result in a breach of this agreement, subjecting Purchaser to a claim for damages, along with reasonable attorney fees and costs associated with any action commenced in regard thereto.
Purchaser agrees and acknowledges that any use of Merschman Brand Soybean and Wheat Seeds forbidden by this agreement will damage Supplier’s legitimate expectation of future sales of soybean and wheat seeds and any use of Merschman Brand Soybean and Wheat seeds in violation of this agreement will constitute an attempt to intentionally injure or destroy Supplier’s prospective business expectations in future sales of Merschman Brand Soybean and Wheat Seeds. Export of this seed or its progeny from the United States is prohibited except that the grain may be exported solely for the use in feeding or processing.
Purchaser agrees and acknowledges that any use of Merschman Brand Soybean and Wheat Seeds in violation of this agreement will cause a minimum damage to Merschman Seeds, Inc. of $10.00 per bushel so used, and that if subsequent production of the seed herein sold is used to create a seed variety or seed product, a minimum damage to Merschman Seeds, Inc. of $10.00 per bushel for all seed varieties or seed products thereby created will be caused. This agreement shall not limit any other rights, legal or equitable, that the Supplier has but shall be accumulative.
The receipt of this contract, properly signed, without immediate notice of misunderstanding in writing by registered mail addressed to the dealer, will be considered as confirmation of the above order. This contract is not subject to any changes or cancellation without the mutual consent of the dealer, customer and Merschman Seeds, Inc. No liability is assumed by Merschman Seeds, Inc. for delay or failure to deliver caused by war, strikes, fires, floods, embargoes, or other causes beyond their control.
Merschman Seeds, Inc., and dealer warrant, to the extent of the purchase price, that seed is as described on the bag and on the tag attached thereto, within recognized tolerances. Merschman Seeds, Inc., and dealer give 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. Neither Merschman Seeds, Inc., nor dealer shall be liable for incidental or consequential damages, including loss of profits, even if foreseen. 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. Purchaser accepts these terms unless he returns the seed within fifteen days for refund of the purchase price. Merschman Seeds, Inc., has utilized standard industry isolation and purity procedures in the production of conventional seed products. Because of contamination factors beyond the company’s control, Merschman Seeds, Inc., cannot warrant or represent that Merschman Seeds products are free of genetically modified organisms.
Purchases not paid when due will be assessed FINANCE CHARGES computed by a single “periodic rate” of 1% per month which is an ANNUAL PERCENTAGE RATE of 12%, applied to all past due amounts AFTER deducting the current payments and credits. Minimum monthly finance charge — $1.00
Governing Law, Situs of Suit, Waiver of Jury, Arbitration
This agreement is made in accordance with the laws of the state of Iowa. All accounts shall be governed by and construed under Iowa law as applied to agreements entered into and performed in Iowa by Iowa residents. Exclusive jurisdictions and exclusive venues shall be in North Lee County (Fort Madison), or Dallas County IA, and Iowa law shall apply. THE PARTIES HERETO VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT TO JURY TRIAL ON ANY ISSUE OR DISPUTE THAT MAY ARISE BETWEEN THEM.
2. 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 the statute.
Customer/applicant/guarantor agrees that the foregoing is given for the express purpose of obtaining commercial credit from Merschman Seeds, Inc. and the same is certified to be true. Customer/applicant/guarantor hereby unconditionally guarantees payment when due to Merschman Seeds, Inc. of any kind and all present or future indebtedness owed to Merschman Seeds, Inc.
The acceptance of delivery constitutes consent to the published and invoiced terms and conditions of sale.
Customer authorizes Merschman Seeds, Inc. to convert any check received electronically (fax, email, text, etc.) into an exact replica of my/our check without changes to the amount or account number and to deposit that replica check in the normal course of business.
To the extent allowed by law, there will be a $20.00 service charge for any check that is returned unpaid.
All credit sales are single payment obligations as of the net due date without privilege to pay in installments.
All decisions with respect to extension or continuation of credit shall be in the sole discretion of Merschman Seeds, Inc.
In case of suit, action or proceeding for the collection of account, customer/applicant/guarantor promises and agrees to pay Merschman Seeds, Inc. all fees and costs including reasonable attorney’s fees as allowed by law to be fixed by the trial court and if any appeal is taken from any decision of the trial court, such further sums as may be fixed by the appellate court, as Merschman Seeds, Inc. reasonable attorney’s fees in the appellate court.
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 Merschman Seeds 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 Merschman Seeds provides a grower with the industry’s newest elite germplasm, which has been rigorously tested to Merschman’s strict quality standards. Merschman Seeds can provide its customers with a reliable supply in most maturities.
Most soybeans are covered by varietal patents, which do 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. Merschman Seeds Inc. and its trait providers such as LibertyLink are committed to our customer’s success.
LibertyLink® GT27™ Soybeans
LibertyLink® GT27™ is not tolerant to all HPPD herbicides. HPPD herbicides currently on the market are prohibited for use with GT27 soybeans and may result in significant crop injury.
Always read and follow label directions. GT27 is a trademark of MS Technologies and BASF. MS Technologies is a trademark of MS Technologies, LLC. ©2018 BASF Corporation / MS Technologies, LLC. All Rights Reserved. APN 18-INT-0014
Liberty® herbicide is the simply better solution for handling tough-to-control and resistant weeds. It is the only working non-selective herbicide to eliminate missed weeds and deliver real yields.*
98% control of a broad spectrum of broadleaf weeds and grasses*
Excellent control of resistant weeds, including driver weeds like Palmer amaranth, waterhemp and marestail
Unique site of action (Group 10), unlike any other active ingredient on the market**
Low-risk and nonvolatile chemistry, providing peace of mind
Plus, Liberty is backed by the Liberty Weed Control Guarantee!
Talk to your retailer to learn how you can qualify for the Liberty Guarantee as well as learn more about your local S.T.O.P. Weeds application guidelines for maximum weed control.
*Results based on 5 years of trials where Liberty is applied according to S.T.O.P. Weeds with Liberty guidelines and as part of a complete weed control program where an effective residual product is used followedby L**The active ingredient in Liberty is a Group 10 herbicide, which is the only broad-spectrum herbicide that effectively controls grasses and broadleaf weeds, and it has no known resistance in U.S. broadacre crops.
Always read and follow label directions. Liberty is a registered trademarks of BASF. Liberty is not registered for use in all
states. ©2018 BASF Corporation. All Rights Reserved.
LibertyLink® Patent Statement
Seeds containing the LibertyLink® trait may be protected under one or more U.S. patents and may be planted only to produce one (1) commercial crop in a single season, and only after signing a BASF Grower Technology Agreement. It is illegal to save seeds containing the LibertyLink trait for use as planting seed or for transfer to others for use as planting seed.
ILeVO, InVigor, Liberty, LibertyLink, Poncho, VOTiVO, and the Water Droplet Design are registered trademarks of BASF. Always read and follow label instructions. Not all products are registered for use in all states. ©2018 BASF Corporation. All Rights Reserved.
Enlist E3™ and the Enlist E3 Logo are trademarks of The Dow Chemical Company (“Dow”) or E. I. du Pont de Nemours and Company (“DuPont”) or affiliated companies of Dow or DuPont. Enlist E3 soybeans were jointly developed by Dow AgroSciences and MS Technologies. Enlist Duo and Enlist One herbicides are not registered for sale or use in all states or counties. Contact your state pesticide regulatory agency to determine if a product is registered for sale or use in your area. Enlist Duo and Enlist One herbicides are the only 2,4-D products authorized for use with Enlist crops. Consult Enlist herbicide labels for weed species controlled. Always read and follow label directions.
©2018 Dow AgroSciences LLC
©2019 Syngenta Important: Always read and follow label instructions. Some products may not be registered for sale or use in all states or counties. Please check with your local extension service to ensure registration status. Saltro is not currently registered for sale or use in the United States and is not being offered for sale. Saltro®, the Alliance Frame, the Purpose Icon, and the Syngenta logo are trademarks of a Syngenta Group Company.
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.