Stewardship Guidelines & Conditions
Please Note: The ratings in charts, variety characteristics and management tips are to be used as guidelines only. The limitations of warranty and liability on each bag of seed are part of the terms of sale. Weather and field conditions may vary from area to area.
TERMS OF SALE:
The following provisions are part of the terms of sale. Buyer intends to purchase seed solely for producing a grain or forage crop, and that the seed, or any product from the seed, shall not be resold or used as seed. Buyer agrees that purchase of this seed does not give any rights to use the seed for research purposes. Buyer acknowledges that failure to adhere to this provision would substantially damage the supplier/developer who has a substantial investment in this seed product.
LIMITATIONS OF WARRANTY AND REMEDY:
Ratings and related description given on this piece are derived from field trials during past growing seasons. Crop yields and quality are influenced by many conditions beyond the Company’s control and therefore cannot be warranted by either the Company nor the distributor or dealer.
Denzler Seeds, Inc.; 1st Choice Seeds warrants that the seeds are as described on the tag attached to the bag, subject to tolerances established by law. THE FOREGOING EXPRESS WARRANTY EXCLUDES ALL OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING THE WARRANTY OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION THEREON.
By acceptance and use of any seed purchased from the Company, Buyer agrees that the Company’s exclusive liability and the Buyer’s exclusive remedy for any claim whether as to products delivered or for non-delivery of products, shall be limited in all events to a return of the purchase price of the seed. In no case shall the Company be liable for consequential, incidental, special or indirect damages resulting from the use or handling of the seed. Crop yields and quality are due to so many causes and conditions beyond the Company’s control that neither the Company nor the distributor or the dealer can warrant yield or quality.
MARKETING CONVENTIONAL SEED VARIETIES:
Denzler Seeds, Inc.; 1st Choice Seeds does not warrant or guarantee any Conventional Seed Variety to be free from genetically modified organisms (GMO) or for any grain derived from Conventional Seed to be suitable for Non-GMO or Conventional grower premium payments. Denzler Seeds, Inc.; 1st Choice Seeds is not liable in any way for any “lost” grower premiums payments. Crop yields, advantageous pollen, variable testing procedures, personnel, equipment and methods at Grain Buyers and quality are due to many causes and conditions beyond the Company’s control that neither the Company nor the distributor or the dealer can warrant yield, quality or suitability for a Non-GMO or Conventional Market.
For Traited corn, growers should refer to the trait providers Technology Use Guide for information on crop stewardship regarding the potential movement of pollen to neighboring crops. Know Before You Grow® is a registered service mark of National Corn Growers Association. For more information, call 1-866-SELL-CORN or contact 1st Choice Seeds at 1-765-938-3000.
Seeds containing the Enlist, Herculex and PowerCore traits are protected under numerous US patents. Seeds containing patented traits can only be used to plant a single commercial crop and cannot be saved or replanted. You acknowledge and agree to be bound by the terms and conditions of the following documents in effect at the time of planting of this seed: (i) the Technology Use Agreement and (ii) the Product Use Guides for all technologies in this seed, including the Herbicide Resistance Management (HRM), and Use requirements detailed therein (www.corteva.us/Resources/trait-stewardship.html).
To plant Enlist, Herculex and PowerCore seed, you must have a limited license from Dow AgroSciences LLC (or other appropriate affiliates). In consideration of the foregoing, Dow AgroSciences grants to the Grower the limited license to use its technology to produce only a single commercial crop in the United States under the terms and conditions set forth in the Technology Use Agreement in effect at the time of planting of this seed.
Always read and follow herbicide label directions prior to use: Enlist® products contain the Enlist trait that provides crop safety for use of labeled over-the-top applications of glyphosate, glufosinate and 2,4-D herbicides featuring Colex-D® technology when applied according to label directions. Following burndown, the only 2,4-D containing herbicide products that may be used with Enlist™ crops are products that feature Colex-D technology and are expressly labeled for use on Enlist crops. 2,4-D products that do not contain Colex-D technology are not authorized for use in conjunction with Enlist products.
Dow AgroSciences is a member of Excellence Through Stewardship® (ETS). Dow AgroSciences products are commercialized in accordance with ETS product launch stewardship guidance and Dow AgroSciences Product Launch Stewardship Policy. No crop or material produced from this product can be exported to, used, processed or sold 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. For further information about your crop or grain marketing options, contact DAS at 877-4-TRAITS (877-487-2487). Information regarding the regulatory and market status of agricultural biotechnology products can be found at: www.biotradestatus.com.
Enlist E3® soybeans were jointly developed by Dow AgroSciences LLC and MS Technologies, LLC. ®™ Enlist, Enlist E3, the Enlist E3 logo, and Colex-D are trademarks of The Dow Chemical Company (“Dow”) or an affiliated company of Dow. Excellence Through Stewardship is a registered trademark of Excellence Through Stewardship.
Bayer is a member of Excellence Through Stewardship® (ETS). Bayer products are commercialized in accordance with ETS Product Launch Stewardship Guidance, and in compliance with Bayer’s Policy for Commercialization of Biotechnology-Derived Plant Products in Commodity Crops. Commercialized 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. Excellence Through Stewardship® is a registered trademark of Excellence Through Stewardship.
ALWAYS READ AND FOLLOW PESTICIDE LABEL DIRECTIONS. 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. NOT ALL formulations of dicamba, glyphosate or glufosinate are approved for in-crop use with products with XtendFlex® Technology. ONLY USE FORMULATIONS THAT ARE SPECIFICALLY LABELED FOR SUCH USES AND APPROVED FOR SUCH USE IN THE STATE OF APPLICATION. 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 or products with XtendFlex® Technology.
B.t. products may not yet be registered in all states. Check with your seed brand representative for the registration status in your state.
DroughtGard® Hybrids with RIB Complete® corn blend the refuge seed may not always contain DroughtGard® Hybrids trait.
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. See the IRM/Grower Guide for additional information. Always read and follow IRM requirements.
Roundup Ready® 2 Technology contains genes that confer tolerance to glyphosate. Roundup Ready 2 Xtend® soybeans contain genes that confer tolerance to glyphosate and dicamba. Products with XtendFlex® Technology contains genes that confer tolerance to glyphosate, glufosinate and dicamba. Glyphosate will kill crops that are not tolerant to glyphosate. Dicamba will kill crops that are not tolerant to dicamba. Glufosinate will kill crops that are not tolerant to glufosinate. Contact your seed brand dealer or refer to the Monsanto Technology Use Guide for recommended weed control programs.
XtendFlex® soybeans have received full approval for planting in the United States but are pending approval in certain export markets. For 2020, XtendFlex® soybeans were available as part of a stewarded introduction only to growers who signed a 2020 XtendFlex® Stewardship Agreement and agreed to follow the stewardship requirements. Commercial availability in 2021 is dependent upon regulatory approval.
1st Choice Seeds® is a registered trademark of Denzler Seeds, Inc. DroughtGard®, Genuity®, RIB Complete and Design®, RIB Complete®, Roundup Ready 2 Technology and Design®, Roundup Ready 2 Yield®, Roundup Ready 2 Xtend®, XtendFlex®, Roundup Ready®, Roundup®, SmartStax and Design®, SmartStax®, VaporGrip®, VT Double PRO®, and XtendiMax® are trademarks of Monsanto Technology LLC. LibertyLink and the Water Droplet Design® is a registered trademark of BASF Corporation. Enlist, Enlist E3, the Enlist logo, Colex-D and Herculex® are registered trademarks of the Dow Chemical Company (Dow) or an affiliated company of Dow. 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.
Agrisure® and EZ Refuge® are trademarks of a Syngenta Group Company. Agrisure® Technology incorporated into these seeds is commercialized under license from Syngenta Seeds, Inc. CAUTION: Do Not Spray EZ Refuge products with glufosinate ammonium-based herbicides, including Liberty herbicide.
LibertyLink® and Water Droplet Design® are registered trademarks of BASF Corporation products with the LibertyLink® trait (LL) are resistant to the herbicide glufosinate ammonium, an alternative to glyphosate in corn, and combine high-yielding genetics with the powerful, non-selective, post-emergence weed control of Liberty® herbicide for optimum yield and excellent weed control. For additional product information call 1st Choice Seeds at 1-765-938-3000 or visit www.agriculture.basf.com.
LIBERTYLINK® PATENT STATEMENT; Soybean seeds containing the LibertyLink® trait are protected under multiple US patents and may be planted only to produce one (1) commercial crop and only after signing a Grower Trait License agreement. It is illegal to save or catch soybean seeds containing the LibertyLink trait for use as planting seed or for transfer to others for use as planting seed.
CORPORATE MEMBERSHIPS: Denzler Seeds, Inc. d/b/a 1st Choice Seeds is a proud member of the Independent Professional Seed Association; the American Seed Trade Association; the Agribusiness Council of Indiana; National Federation of Independent Business and the Rushville, Indiana Chamber of Commerce.
Returns are allowed for Indiana, Ohio, Kentucky and Tennessee customers. For Indiana, Ohio, Kentucky and Tennessee customers Denzler Seeds Inc.; 1st Choice Seeds will accept returns of unopened seed corn and unopened, untreated soybean seed.
1st Choice Seeds must be notified no later than June 10 that you have a return of seed corn or untreated soybean seed. If planting is delayed beyond June 10, please inform us by this date. We reserve the right not to accept returns if we have not been informed by June 10. Seed Corn coated with Seed Applied Insecticide above the standard usage rate is not returnable. Seed in opened 1st Boxes, opened Mini-Bulk packaging or bulk delivery seed is not returnable.
Returns are not accepted on treated soybean seed.
REPLANT AGREEMENT – CORN:
If for any reason, the stand of corn upon any field planted with seed corn sold by Denzler Seeds, Inc.; 1st Choice Seeds, is so diminished that the customer replants the field to corn within 40 days from the date of original planting, we will furnish at no charge a quantity of non-GMO or bio-tech corn up to:
100% of your original purchase for 1st Support corn customers. Consult with your Seed Specialist for requirements to qualify for 1st Support.
(10%) 1/10th of your original purchase for customers that do not qualify for 1st Support. If more than (10%) 1/10th of your original corn purchase is required for replant we will furnish seed at $100 per unit plus any trait fees that may be applicable.
Bio-tech replant corn may be furnished in the trait option of your original purchase. Please note that bio-tech fees will be charged if the trait on replanted corn is not the same trait on the original planting. The original planting date may not be before the Federal Crop Insurance eligibility date for your farm. Denzler Seeds, Inc.; 1st Choice Seeds, reserves the right to substitute seed corn varieties used for replant based upon current availability. If we cannot furnish seed, we reserve the right to furnish an equal amount of seed for replanting the following year.
REPLANT AGREEMENT – SOYBEANS:
100% of your original purchase will be furnished at no cost for replant soybean units if ALL of your original planting was coated with 1st Coat seed treatment and the original planting date was not be before the Federal Crop Insurance eligibility date for your farm..
All other replanted soybean units will be furnished at $24.00 per unit. Please note that additional bio-tech fees may be charged if the trait on replanted seed is not the same trait on the original planting.
Prices are subject to change without notice. Our business depends upon your prompt payment. Consult with your Seed Specialist for terms and early pay discounts. 1st Choice Seeds PRE-SEASON FINANCE PLAN and IN-SEASON FINANCE PLAN are available for qualified growers. 1-1/2% per month finance charge will be added to all past due accounts.
Seed containing a patented trait can only be used to plant a single commercial crop from which seed cannot be saved and replanted. Examples of seed containing a patented trait include but are not limited to Roundup Ready 2 Yield® soybeans and Roundup Ready 2 Xtend® soybeans. Additional information and limitations on the use of these products are provided in the Monsanto Technology Stewardship Agreement and the Monsanto Technology Use Guide. U.S. patents for Monsanto technologies can be found at the following webpage: http://www.monsantotechnology.