Golden Age Canola

 

Bayer Replace MySeed™ Program - 2017

Terms and Conditions

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, 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.

12. By registering/enrolling in the Bayer Seed Replacement Guarantee Program Grower consents to Monsanto and Bayer collecting, using, storing and disclosing information provided by Grower to third party agents, contractors and service providers for the purpose of administering this program and for planning, research product development, strategic and direct marketing purposes in relation to Bayer’s products and services (including without limitation trait providers). Monsanto details how a Grower may access Personal Information held by it, seek the correction of such information, and how to complain about a breach of the Privacy Act 1988 in the Monsanto Privacy Policy posted on its website at www.monsanto.com/global/au/whoweare/Pages/contact-us.aspx

13. As Bayer is a global business some personal information may be transferred overseas to Singapore, Philippines, USA, Canada and Germany. You may access the information we collect from you or make a complaint about breaches of the Privacy Act 1988, by contacting the Privacy Officer at privacy.officer@bayer.com. Further information about Bayer’s collection, use, storage and disclosure of your personal information is available on Bayer’s Privacy Policy which can be found at www.bayercropscience.com.au. If you no longer wish to receive information from or on behalf of Bayer please contact us on 02 9391 6000 or by email at privacy.officer@bayer.com

Questions & Answers

Q: Which canola varieties are covered by the program?
A: All Bayer hybrid canola varieties which are purchased and sown in the same season (1st October 2016 until June 30th 2017).

Q: Can I claim for seed purchased in the last or previous seasons?
A: No.

Q. Do I need to register or enrol in the program to be eligible to make a claim?
A. When you purchase Bayer hybrid canola seed from a Bayer agent who is also a Monsanto Technology Service Provider (TSP) you will automatically be enrolled in the Bayer Replace MySeed Program. You must nominate the paddock(s) where you intend to plant the Bayer hybrid canola seed you purchased. Your agent will record this information as part of the purchase process and your LSA with Monsanto. For non-Roundup Ready® varieties, your Bayer agent will record your purchase information and share this with Bayer.

Q: How do I lodge a claim?
A: Contact your Bayer Agent/point of purchase or contact your local Bayer Customer Service Representative (CSR) directly.

Q: How long do I have to make a decision to claim?
A: You have a period of 45 days after sowing to decide whether to claim. You then have a period of 1 week to lodge your claim with your Agent and Bayer.

Q: What can I claim for?
A: Any event or factor which is beyond your control and is not the result of an agronomic error or poor management practice or that is subject to a compensation claim made upon Bayer or another third party (see the terms and conditions above for full details).
Examples of eligible events would include but are not limited to: mice damage, drought/lack of moisture, sandblasting, frost, bird damage, slugs, insect damage, disease, waterlogging.

Q: What is excluded?
A: Claims which relate to errors of an agronomic nature and/or which may be the result of poor management practice.
Examples would include spray drift/foliar herbicide damage, sowing depth issues, soil herbicide residues, poor weed control, poor fertiliser practices, low seeding rates, poor seed storage practices, grazing livestock, vermin (other than mice).

Q: How is the eligibility of a claim determined?
A: Your Bayer TSM or Bayer appointed agent will:
- Verify your seed purchase – variety, seed quantity, date of purchase and nominated paddocks to be sown with Bayer hybrid seed purchased
- Inspect your paddock(s) confirming the details of your claim in accordance with the Terms and Conditions (T&Cs) of the program and obtain a signed copy of your claim form
- On your claim form you will be asked to declare that you intend to re-sow the paddock(s) to another suitable crop which form part of the claim within three weeks of the claim being approved.

Q: What happens if I decide to see if my paddock improves and decide not to lodge a claim at 45 days after sowing (DAS)?
A: Your claim will be considered null and void and the matter settled.

Q: What happens if I lodge a claim, it is approved and then I do not go ahead and re-sow within three weeks?
A: Your claim will be considered null and void and the matter settled.

Q: When will my replacement seed be delivered?
A: In time for sowing next season. Bayer or your agent will remain in contact with you.

Q: Will I have to pay a technology or trait fee on replacement seed?
A: Yes. Technology or applicable trait fees on Roundup Ready are still payable to Monsanto.

Q: What if my variety is not available?
A: Bayer will substitute your chosen variety with a similar Bayer hybrid canola variety in the event that the variety you purchased is unavailable for any reason.

Q: Can I receive a cash payment or transfer the seed to another party?
A: No, replacement seed is not redeemable for cash and is not transferrable to another party. In the event that you decide not to take delivery of and sow your seed the following season, Bayer will consider the claim to be settled.