We give no warranty, expressed or implied, as to productiveness of any seeds we sell, and we will not be in any way responsible for the crop. The seeds which you purchase are GUARANTEED to conform with the description set forth on the label attached to this bag within the recognized industry tolerances, when contained in the original MERSCHMAN SEEDS bag during the valid period of analysis, to the express exclusion of all other warranties, expressed or implied, specifically including but not limited to, the warranty of merchantability, the exclusive remedy to purchaser is return of the purchase price of the seeds.
Supplier represents and Purchaser hereby acknowledges that Supplier is engaged in the business of developing and supplying for sale varieties of seeds. Supplier has a substantial investment in the development and production of Merschman Brand Seeds, and in the use of subsequent production of Merschman Brand Seeds herein sold. Supplier has existing contractual relationships with other purchasers and growers for sale of Merschman Brand Seeds and expectations of additional contracts for sale of Merschman Brand Seeds in the future.
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 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 subsequent production from the seeds herein sold to be used to create seed a seed variety or seed product from said production, which may bring an action in Lee County, Iowa, 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.
Purchaser agrees and acknowledges that any use of Merschman Brand Seeds forbidden by this agreement will damage Supplier’s legitimate expectation of future sales of soybean seed and any use of Merschman Brand Seeds in violation of this agreement will constitute and attempt to intentionally injure or destroy Supplier’s prospective business expectations in future sales of Merschman Brand Seeds.
Purchaser agrees and acknowledges that any use of Merschman Brand Seeds in violations of this agreement, will cause 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.