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Cattle Boards
Grasses, Pastures & Hay
Roundup Ready Alfalfa
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<blockquote data-quote="MarkM" data-source="post: 818771" data-attributes="member: 14563"><p>smuff,</p><p></p><p>I am in Texas. This is a link to the 2009 version. The 2011 has the same paragraph that is my concern.</p><p></p><p><a href="http://www.westernfarmservice.com/pdf/Corn/2009MTSA.pdf" target="_blank">http://www.westernfarmservice.com/pdf/Corn/2009MTSA.pdf</a></p><p></p><p>"GROWER'S EXCLUSIVE LIMITED REMEDY: THE EXCLUSIVE REMEDY OF THE GROWER AND THE LIMIT OF THE LIABILITY OF MONSANTO OR ANY SELLER FOR ANY AND ALL LOSSES, INJURY OR DAMAGES RESULTING FROM THE USE OR HANDLING OF SEED (INCLUDING CLAIMS BASED IN CONTRACT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, TORT, OR OTHERWISE) SHALL BE THE PRICE PAID BY THE GROWER FOR THE QUANTITY OF THE SEED INVOLVED OR, AT THE ELECTION OF MONSANTO OR THE SEED SELLER, THE REPLACEMENT OF THE SEED. IN NO EVENT SHALL MONSANTO OR ANY SELLER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES."</p><p></p><p>Apparently, the seed seller is protected in the same manner as Monsanto. The grower assumnes ALL liability. In my mind, this means Monsanto fully expects problems and wants no part of it. They include the sellers in the protective clause so that they will be able to have sellers willing to sell the product.</p></blockquote><p></p>
[QUOTE="MarkM, post: 818771, member: 14563"] smuff, I am in Texas. This is a link to the 2009 version. The 2011 has the same paragraph that is my concern. [url=http://www.westernfarmservice.com/pdf/Corn/2009MTSA.pdf]http://www.westernfarmservice.com/pdf/Corn/2009MTSA.pdf[/url] "GROWER'S EXCLUSIVE LIMITED REMEDY: THE EXCLUSIVE REMEDY OF THE GROWER AND THE LIMIT OF THE LIABILITY OF MONSANTO OR ANY SELLER FOR ANY AND ALL LOSSES, INJURY OR DAMAGES RESULTING FROM THE USE OR HANDLING OF SEED (INCLUDING CLAIMS BASED IN CONTRACT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, TORT, OR OTHERWISE) SHALL BE THE PRICE PAID BY THE GROWER FOR THE QUANTITY OF THE SEED INVOLVED OR, AT THE ELECTION OF MONSANTO OR THE SEED SELLER, THE REPLACEMENT OF THE SEED. IN NO EVENT SHALL MONSANTO OR ANY SELLER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES." Apparently, the seed seller is protected in the same manner as Monsanto. The grower assumnes ALL liability. In my mind, this means Monsanto fully expects problems and wants no part of it. They include the sellers in the protective clause so that they will be able to have sellers willing to sell the product. [/QUOTE]
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