THE MOST VALUE FROM YOUR SEED

TERMS AND CONDITIONS OF SALE

1.  A shipment of seeds to Kamterter, a purchaser's signature on a Kamterter  Work Order Form, or a purchaser's signature on a purchaser's purchase order form shall constitute acceptance of these terms and conditions.

2.  These terms and conditions shall represent the entire agreement between the purchaser and Kamterter.

3.  All prices are F.O.B. Kamterter processing locations.  Shipments are at buyer's risk.

4.  Minimum charges apply to each order (call for price list). There is no charge for a seed lot rejected by Kamterter.  Per M invoicing will be based on actual number of processed seeds shipped to customer.

Seed counts commonly vary significantly based on seed sampling and counting methods as well as seed lot/species characteristics.  Kamterter will report variances between stated seed counts and Kamterter seed counts on incoming seed shipments that are greater than 3%.  Weight of seeds into processing and seed counts may also vary from incoming bill of lading and receiving report information.

5.  All prices are subject to change without prior written notice.

6.  Packaging material is provided at cost by Kamterter or furnished by the customer.  Packaging is invoiced as a separate line item.

7.  Payment terms are 1.5% Discount in 15 days, Net 45 days from date of invoice on rated accounts and overdue accounts are subject to an interest charge of 1.5% per month (18% annual rate).  Appropriate collection fees and/or legal expenses will be charged to overdue accounts as permitted by law.

8.  Kamterter reserves the right to choose the most appropriate means of return shipping.

9.  Packages may be insured for shipping at customer cost and insurance will be invoiced as a separate line.

10.  In the event suitability testing indicates a seed lot has a substandard performance,  customer's decision to process that seed lot shall constitute a waiver of liability.

NOTICE TO BUYER:  EXCLUSION OF WARRANTIES AND LIMITATIONS OF DAMAGES AND REMEDY

 Kamterter and the purchaser agree that: (1) purchaser accepts the seed treatment, coating and seed as is; (2) ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED; (3) the seeds for treatment/coating are supplied by purchaser and Kamterter is not responsible for (a) conformity of seeds to the label description, (b) the crop produced from the seeds it treats/coats, or (c) adverse performance of the seed due to coating, treatment, storage, cultural practices, or otherwise; (4) Kamterter's liability, whether in contract or negligence is limited in amount to the cost of coating and/or treatment of the seed, and in no event shall Kamterter be liable for any incidental or consequential damages or for damages to anyone other than the purchaser. This remedy is exclusive. As a condition to any liability on Kamterter's part, Kamterter must receive notice by registered mail within thirty days after any defect in the seed coat or treatment becomes apparent. Results from germination tests, whether before or after treatments or coating, are not a representation that all seeds treated and or coated conform to the test results.