Work Order: Bulk seed lot and seed lot sample shipments for testing/processing must be accompanied by a completed work order.

Seed Lot Characterization: The bulk seed lot or seed lot sample should be sent with the The customer may elect to send a sample of the seed lot to Kamterter for Kam-Prime Suitability Testing before shipping the bulk seed lot for processing. This procedure ensures that only seed lots suitable for priming are shipped for processing. This is recommended with larger seed lots or in cases when the grower demand for priming is uncertain.

All seed lot orders must be characterized individually to establish priming suitability and to determine the optimum processing protocol. A small quantity of seed is needed for this testing process. In most cases, this step requires two and a half to three weeks. The time required for characterization varies by species and seed lot quality (variable or lower quality lots may require additional testing time). The sample size and ordinary time requirements for each crop species are included in the Kam-Prime Suitability Testing & Processing Information.

Receiving Report: When a bulk seed lot or seed lot sample arrives and is checked into the system, a Receiving Report is faxed to the customer as confirmation of seed shipment receipt.

Suitability Assessment Report: A report for each seed lot will be faxed to the customer when the seed lot characterization step is completed. This should be expected approximately three weeks after the seed lot sample is received by Kamterter. The report summarizes seed lot germination characteristics before and after Kam-Prime testing process and includes processing recommendations. Kamterter Seed Suitability Testing procedures are designed to provide information on the suitability of subject seeds for enhancement.  The testing procedures do not conform to federal and state seed law germination test requirement procedures for seed label descriptions.

Kam-Prime and Kam-Refine Processing:  The seed lot will be processed according to the customer’s scheduling instructions as soon as Suitability approval is given and the bulk seed lot is available at Kamterter. The amount of time required for processing ranges from a few days to more than two weeks depending on species, cultivar and seed lot characteristics.

Chemical Seed Treatment, Coating or Pelleting:  Chemical, coating or pelleting treatments may be applied after the Kam-Prime or Kam-Refine processes.  If these services are provided by Kamterter, compatibility testing is done as part of the internal Kamterter evaluation of the lot.  If subsequent treatments, coating and/or pelleting are applied by companies other than Kamterter, all risks are assumed by the customer, and it is the responsibility of the customer to determine compatibility. Kamterter will work closely with the customer and any other service provider to ensure that quality is maintained.

Coating of seeds that are not primed requires testing of seeds for coating suitability. The time required depends on the species and will range from 1 to 3 weeks. A minimum quantity of 100 grams of seed is required for coating suitability testing.

Shipping and Invoicing:  Processed seed lots will be shipped to the Customer/Contact designated in the ‘Ship To’ area of the Seed Enhancement Work Order Form. Seed will be packaged and routed to minimize the risk of high temperature exposure when appropriate.  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 count 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.  Kamterter per M invoicing will be based on actual number of processed seeds shipped to the customer for orders that exceed the minimums.

Quality Assurance Testing: Samples from all processed seed lots are placed in Kamterter QA testing. Results can be forwarded if requested by the customer. Kamterter Quality Assurance (QA) Testing procedures do not conform to federal and state seed law germination test requirements for purposes of seed label descriptions. Official tag germ testing of processed seed lots is available through Mid-West Seed Services, Inc. See the Mid-West Seed Services, Inc price schedule.


TERMS AND CONDITIONS OF SALE

1. A shipment of seeds to Kamterter, a purchaser’s signature on a Kamterter Seed Enhancement Work Order form, or 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 location. Shipments are at buyer’s risk.

4. Kamterter provides property damage insurance coverage on customer seed at the value provided by the customer on the Kamterter Seed Enhancement Work Order form.

5. Minimum charges apply to each order. 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 the customer. Due to the characteristics of the process, Kam-Refine orders are invoiced based on the incoming Kamterter seed count for orders that exceed the minimum.

6. Seed counts commonly vary significantly based on seed sampling and counting methods as well as seed lot/species characteristics. Kamterter will report variances between the customer’s incoming stated seed count and Kamterter seed counts on the Receiving Report for variances 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. Invoicing and reporting will be adjusted accordingly.

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

8. A charge of $20 per work order will be applied to seed lots split into multiple work orders for distribution and treatment application purposes.

9. 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). Discount does not apply to chemical products, freight, or packaging. Appropriate collection fees and/or legal expenses will be charged to overdue accounts as permitted by law.

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

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

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

13. In the event Suitability Testing indicates a seed lot has a substandard performance, a customer’s decision to process that seed lot shall constitute a Waiver of Liability.

14. If subsequent treatments, coating and/or pelleting are applied by parties other than Kamterter, all risks are assumed by the customer, and it is the responsibility of the customer to determine compatibility.

NOTICE TO BUYER: EXCLUSION OF WARRANTIES AND LIMITATIONS OF DAMAGES AND REMEDY
Kamterter and the purchaser agree that: (1) purchaser accepts the seed treatment 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 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, or (c) adverse performance of the seed due to treatment, storage, cultural practices, or otherwise; (4) Kamterter’s liability, whether in contract or negligence is limited in amount to the cost of 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 treatment or performance becomes apparent.