Section XIII. Contract subject to seed certification
Art. 28
28.1 Since not all producing countries have a compulsory certification system in place for all crops,
the contract must state clearly whether the seed shall be certified or not.
28.2 If the contract stipulates the delivery of certified seed the Buyer shall check whether the type of
certification adopted in the country of production is valid for and accepted in the country of
destination. The validity of certification in the country of destination is at the Buyer’s risk. Where the
country of production may offer more than one type of certification, the Buyer must clearly state which
type of certification he needs.
Section XIV. Contract subject to crop
Art. 29
If a contract is concluded “subject to crop", the Seller shall keep the Buyer informed, at the Buyer’s
request or as per the contract, of the development of the crop, and shall notify him as soon as
possible in case the crop deviates significantly from the expected.
Art. 30
30.1 The Seller shall, without delay, inform the Buyer by telecommunication and immediately furnish
proof of any shortage or reduction in quantity and quality, including, as far as the quality is concerned,
the exterior appearance, as well as the result of an analysis that provides evidence of the lack of
quality.
30.2 If the quality is lower than the contractual specifications, the Buyer shall have the right to refuse
the seeds or to accept them at a reduced price. Specific Rules in Part B provide rules for assessing
damages for Field Crops and Forage & Turf Crops.
30.3 The Buyer shall notify its decision by telecommunication to the Seller within 14 days after the
date of receipt of the result of the analysis carried out by an Official laboratory. If the Buyer does not
answer within 14 days, the Seller shall be discharged from his obligation to deliver the contracted
seeds.
Section XV. Multiplication or growing contract from stock seed of the
contracting party
Art. 31
31.1 A Multiplication Contract means a contract for the production of seed, between the party
ordering the multiplication (hereinafter called Contractee) and the party multiplying the seed
(hereinafter called Contractor).
31.2 Contracts may be arranged: a) -
for an acreage or for a specified number of plants; b) - for the
multiplication of a quantity of stock (basic) seed; or c) - for a quantity fixed in advance.
Art. 32
32.1 - For a contract arranged according to 31.2(a) or 31.2(b), the total yield must be delivered by the
Contractor and be accepted by the Contractee if corresponding with the standards stipulated in the
contract.
32.2 - If the contract has been concluded according to 31.2(c) the conditions determining the
acceptance of any surplus must be established at the time of contracting.
32.3 - The Contractor must: (i) indicate to the Contractee the quantity he will deliver; (ii) on request,
send the Contractee a representative sample of the surplus; and (iii) ask for shipping instructions.
Art. 33
The contract may specify all necessary technical details, which include the designation of the parental
lines for hybrids and the method to be used for crossing. These technical details may be
communicated separately. All technical details shall remain confidential.
Art. 34
34.1 - Parties decide whether to charge for stock seed
34.2 - The Contractee is and remains the owner of stock seed not sown. Any stock seed must be
returned to the Contractee at his request and cost.
34.3 - When a domestic law of the country of one of the contracting parties requires an invoice, this
invoice shall not be considered as final but will be noted as due by the Contractee and taken into
account by the Contractor at the time of delivery.
Art. 35
35.1 - The Contractee is responsible for the quality of his stock seed, in regard to purity,
germination, trueness to type, seed health and the uniformity of parental lines in case of hybrid seed.
In case of quality defaults, the Contractee must inform the Contractor. Normal roguing will be done by
or on behalf of the Contractor at his expense. For seed lots with quality faults originating from the
stock seed the Contractor must immediately notify the Contractee, who may either cancel the order
against payment of an indemnity, or order roguing for which he will bear the cost and the damages
resulting there from.
35.2 - The Contractor has the right to test before sowing the stock seed for seed-borne diseases or
noxious weeds stated in the contract and he has the right to cancel the contract if these seed-borne
diseases or noxious weeds are found to occur in the stock seed.
35.3 - The Contractor undertakes to use only the stock seed supplied by the Contractee for seed
production. The supplied stock seed will be used only for its intended purpose.
Art. 36
36.1 - The Contractor undertakes: (i) to observe sufficient isolation distances and take other
precautions as prescribed in technical standards or in the contract in order to avoid all danger of intervarietal crossing or mixing; and (ii) to give all necessary expert care to the crop and harvested seed.
36.
2 - The Contractor shall convey to the Contractee throughout the various stages of production, all
essential information regarding time of sowing, the conditions and the inspections of the fields, and
the prospects for the yield and quality of the crop and shall notify him immediately if the crop deviates
significantly from reasonable expectations. In all the cases the Contractor is obliged to immediately
inform the Contractee immediately of the reason for the discrepancy.
36.3 - The Contractee or a representative has the right of personally visiting the crops growing in a
multiplication contract, but the seed Contractor is not obliged to disclose the names and addresses of
the growers entrusted with the multiplication. The Contractee must inform the Contractor of the visit at
least two weeks in advance. The Contractor may accompany the Contractee on this visit; if he
decides not to, he is obliged to provide the name and address of the growers.
36.4 - When signing the contract an agreement must be made for the situation where the seed
produced is not of the contracted quality and the Contractee is not willing to buy the seed. If there is
not such an agreement the Contractee must pay to the Contractor a reasonable compensation for the
production cost and the seed will remain the property of theContractee.
