Legal Notices

Merschman Seeds and Design™, Bonus Coated+ and Design™, Your Friend in the Field®, and Merschman Order Guarantee and Design™ are trademarks of Merschman Seeds, Inc.
Do not export Genuity® Roundup Ready® Alfalfa seed or crop, including hay or hay products, to China pending import approval. In addition, due to the unique cropping practices do not plant Genuity® Roundup Ready® Alfalfa in Imperial County, California, pending import approvals and until Monsanto grants express permission for such planting.

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.
Warranty
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.
Finance Charge
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.
Guaranty
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® Soybeans
The LibertyLink® system is a simply better solution combining high-performing genetics with excellent weed control for high yields that deliver. With more than 60 million acres of soybeans, corn, cotton and canola now having the LibertyLink trait, growers can spray powerful Liberty®, the only working nonselective herbicide to handle tough-to-control and resistant weeds, including Palmer amaranth, giant ragweed, kochia, waterhemp and marestail.*
*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.
Liberty® Herbicide
Every missed weed can impact yield. Liberty® herbicide is simply better weed control proven to effectively handle tough-to-control and resistant weeds.
Only working nonselective herbicide for grasses and broadleaf weeds.*
S.T.O.P. Weeds with Liberty application guidelines to best manage tough-to-control
and resistant weeds.
Simple to use, low-risk and non-volatile chemistry providing peace of mind.
97% satisfaction rating among growers around the country.
With more than 60 million acres of canola, corn, cotton and soybeans enabled with the LibertyLink trait, growers can spray powerful Liberty®, NOW backed by the Liberty Weed Control Guarantee.**
*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.
**To learn more about the Guarantee and guidelines for eligibility, see your Bayer representative or go to www.LibertyGuarantee.Bayer.us.
ILeVO®
ILeVO® seed treatment, from Bayer, is the first seed treatment proven to control Sudden Death Syndrome (SDS) in soybeans with activity against all nematodes including Soybean Cyst Nematode (SCN). So choose ILeVO to control SDS, and you’ll have one less thing to worry about. Pair ILeVO with Poncho®/VOTiVO® for triple-action protection against SDS, nematodes and insects.
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 Bayer 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.
Trademark Statement
© 2017 Bayer CropScience LP, 2 T.W. Alexander Drive, Research Triangle Park, NC 27709. Always read and follow label instructions. Bayer (reg’d), the Bayer Cross (reg’d), ILeVO®, InVigor®, Liberty®, LibertyLink®, Poncho®, VOTiVO®, and the Water Droplet Design (reg’d) are trademarks of Bayer. Not all products are registered for use in all states. For additional product information call toll-free 1-866-99-BAYER (1-866- 992-2937) or visit our website at www.CropScience.Bayer.us.

America’s Alfalfa
For the 2017 growing season, 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. In the following states, use of HarvXtra® Alfalfa with Roundup Ready® Technology is subject to a Seed and Feed Use Agreement: 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 in China and until Forage Genetics International, LLC (FGI) grants express permission for such planting. 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 product purchaser to confirm their buying position for this product.
Do not export Genuity® Roundup Ready® Alfalfa seed or crop, including hay or hay products, to China pending import approval. In addition, due to the unique cropping practices do not plant Genuity® Roundup Ready® Alfalfa in Imperial County, California, pending import approvals and until FGI grants express permission for such planting. 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 product purchaser to confirm their buying position for this product.
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. 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 PESTICIDE LABEL DIRECTIONS. Roundup Ready® crops contain genes that confer tolerance to glyphosate, the active ingredient in Roundup® brand agricultural herbicides. Roundup® brand agricultural herbicides will kill crops that are not tolerant to glyphosate. Genuity Design®, Genuity Icons, Genuity®, Roundup Ready® and Roundup® are trademarks of Monsanto Technology LLC, used under license by FGI. 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.