1. Applies to any Bayer hybrid canola variety purchased and sown in the same season being 1 October 2016 to 30 June 2017.
2. Only valid if the crop has failed to establish 45 days after sowing, and is subject to verification by a Bayer representative or their appointed agent.
3. Claims must be lodged in the 2017 growing season within a week of the 45 day period after sowing elapses. The program will not apply to claims submitted to Bayer after this 2017 growing period.
4. Sowing and paddock preparation must follow best management practice as determined by Bayer or Bayer’s agent, sub-contractor, technical advisor or a suitably qualified agronomist at Bayer’s discretion, and, must be verified by Bayer or Bayer’s agent’s inspection of the Grower’s records. The program includes claims made for any event or factor which is beyond a Grower’s control, examples of which are included within the Q & A below, and is not the result of an agronomic error or poor management practice on the Grower’s part or the part of a third party or that is subject to any legal or commercial claim made by the Grower on Bayer or another third party.
5. Growers must register their Bayer hybrid seed purchases to be eligible to make a claim. Bayer reserves the right to exclude claims made by Growers who have failed to register/enrol.
6. Registration in the program is made at the point of purchase by the Bayer Agent or Monsanto, whichever is applicable. The Bayer Agent will record Grower seed purchases, nominated sowing paddock(s) and relevant contact information for each purchase made by the grower and supply this to Bayer.
7. Claims can be made 45 days after sowing by contacting your local Bayer Agent within seven (7) days and completing the claim form. Proof of purchase and the seed volume sown will be required.
8. Claims will be determined at the time when the Grower deems the establishment in the paddock to be so poor (being that 75% of the canola paddock has suffered poor establishment) that the only viable option for the Grower is to re-sow. However inspection of paddock(s) by Bayer or its appointed agent as well as the production of Grower’s growing paddock records will be required by Bayer as part of the verification process in order to confirm approval of the claim.
9. The Grower must not re-sow paddocks prior to the inspection by Bayer or its Agent and Grower will be required to declare their intention by way of a declaration within 3 weeks of approval of the claim, to re-sow the paddock in the same growing season.
10. Equivalent seed to that sown as part of the approved claims will be made available at a time to be determined by Bayer, for Growers to sow in the following growing season on their farm. Should the particular variety claimed by the Grower not be available, Bayer reserves the right to supply the same or the closest similar alternative Bayer Canola variety available. While Bayer will not charge for the replacement seed, any applicable trait or technology fees such as those charged by Monsanto will remain the responsibility of the grower.
11. In the event that the grower elects not to replant that Canola Seed variety the following season, it will be deemed that the claim is nonetheless settled and Bayer will have no obligation to provide any further or alternate seed to the Grower. Seed made available by Bayer as an approved claim cannot be sold to or transferred to a third party and is not redeemable for cash.