Replace MySeed® Program 2021/2022 - Terms & Conditions.
1.Applies to any BASF Agricultural Solutions Pty Ltd ("BASF") hybrid canola variety purchased and sown in the same season being 1 October 2020 to 30 June 2021.
2. Claims will only be valid if the crop has failed to establish 45 days after sowing, and is subject to verification by a BASF representative or their appointed agent.
3. Claims must be lodged in the 2021 growing season within a week of the 45 day period after sowing. The program will not apply to claims submitted to BASF after this 2021 growing period.
4. Sowing and paddock preparation must follow best management practice as determined by BASF or BASF's agent, sub-contractor, technical advisor or a suitably qualified agronomist at BASF's discretion, and, must be verified by BASF or BASF'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 BASF or another third party.
5. Growers or their agent or their consulting agronomist must register their intended BASF hybrid seed purchases by making a reservation via BASF Reserve MySeed (myseed.com.au) to be eligible to make a claim. BASF reserves the right to exclude claims made by Growers who have failed make a seed reservation via MySeed.
6. Registration in the program is made directly by a grower, by a consultant, agent or agronomist on behalf of the grower through a seed reservation on the MySeed website or at the point of purchase by the BASF Agent whichever is applicable. The BASF 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 BASF via the MySeed reservation system
7. Claims can be made within 45 days after sowing by contacting your local BASF Agent within seven (7) days after this period 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 BASF or its appointed agent as well as the production of Grower's growing paddock records will be required by BASF 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 BASF 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. To re-sow without inspection invalidates any claim under the Replace MySeed Program.
10.Where a Claim is approved equivalent seed to that sown will be made available at a time to be determined by BASF, for Growers to sow in the following growing season on their farm. Should the particular variety claimed by the Grower not be available, BASF reserves the right to supply the same or the closest similar alternative BASF Canola variety available. While BASF 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 and the grower agrees to pay these in the ordinary course.
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 BASF will have no obligation to provide any further or alternate seed to the Grower. Seed made available by BASF 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 BASF Seed Replacement Guarantee Program Grower consents to BASF 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 BASF's products and services (including without limitation trait providers).