SESACO PLANTING SEED — COMMERCIAL TERMS
These Commercial Terms (“Commercial Terms”) apply to all purchases or receipt of Sesaco planting seed (“Seed”) unless otherwise expressly agreed in writing by Sesaco Corporation (“Sesaco”).
These Commercial Terms govern commercial policies including ordering, invoicing, storage, returns, and replant eligibility.
All use of Seed remains subject to the Sesaco Seed Limited Use License and Restrictions available at:
https://sesaco.com/restrictions
1. SCOPE AND RELATIONSHIP TO OTHER AGREEMENTS
These Commercial Terms apply whether or not a purchaser participates in a Sesaco Marketing Agreement.
If a separate written Marketing Agreement exists, that agreement governs only crop marketing terms. All commercial policies relating to Seed sales, storage, return eligibility, and payment handling remain governed by these Commercial Terms unless expressly modified by Sesaco in writing.
Nothing in these Commercial Terms modifies the Seed Limited Use License.
2. ORDERING AND DELIVERY
Seed may be supplied directly by Sesaco or through an authorized dealer operating under a consignment model.
Sesaco reserves the right to:
allocate Seed quantities,
adjust shipment timing,
substitute varieties where agronomically appropriate,
or decline orders based on availability or compliance considerations.
Title to Seed transfers upon final sale to the purchaser. Risk of loss for consigned inventory passes to the authorized dealer while Seed remains in the dealer’s possession, and passes to the purchaser upon the purchaser’s receipt of the Seed.
3. PRICING AND PROGRAM ELIGIBILITY
Seed pricing is established annually by Sesaco and may vary based on:
variety,
treatment status,
program participation,
or commercial eligibility.
Purchases without a Sesaco Marketing Agreement may be subject to an additional commercial premium as published in the annual price list.
Participation in any pricing program does not modify Seed Use License restrictions.
4. INVOICING AND PAYMENT HANDLING
Sesaco will invoice producers directly for all Seed sales.
Where a producer is not approved for Sesaco credit:
an authorized dealer may collect payment on Sesaco’s behalf as a collection agent,
all funds collected remain the property of Sesaco until remitted.
Dealer collection activity does not alter the contractual relationship between Sesaco and the purchaser.
Failure to remit payment when due may result in suspension of future deliveries or program eligibility.
5. STORAGE AND HANDLING RESPONSIBILITY
Purchasers and dealers are responsible for maintaining Seed in proper storage conditions, including protection from moisture, contamination, temperature extremes, and physical damage.
Seed that is opened, treated, altered, or stored improperly may become ineligible for return or credit.
6. FINAL PLANTING DATE
Sesaco shall designate a Final Planting Date by region each season.
The Final Planting Date establishes the deadline for:
return eligibility,
replant consideration,
seasonal inventory reconciliation.
Sesaco will communicate Final Planting Dates in writing and may publish seasonal deadlines and updates, pricing updates, and return eligibility dates at https://sesaco.com.
7. RETURN POLICY
Unused Seed may be eligible for return only if ALL of the following conditions are met:
Seed is returned within two (2) weeks following the Final Planting Date.
Packaging remains unopened, undamaged, and in original condition.
Seed has not been treated, altered, or transferred.
Seed remaining in a purchaser’s or dealer’s possession after the return window may be treated as accepted inventory for commercial settlement purposes.
Sesaco reserves sole discretion to approve or reject returned Seed and to assess freight or handling charges where appropriate.
8. REPLANT POLICY
Replant Seed eligibility, if offered, is determined solely by Sesaco based on:
agronomic need,
inventory availability,
documented field conditions.
Replant pricing or discounts may differ from primary Seed pricing and are subject to annual program guidelines.
Nothing in this section modifies Seed Limited Use License restrictions.
9. INVENTORY ACCOUNTABILITY (DEALER CONSIGNMENT)
Where Seed is supplied through an authorized dealer:
dealers remain responsible for safeguarding consigned inventory,
inventory counts may be audited by Sesaco,
discrepancies between reported and physical inventory may be invoiced to the dealer.
Dealers shall not remove, alter, or obscure any Seed Use Restriction labels or tags prior to sale.
10. INTELLECTUAL PROPERTY AND COMMERCIAL INDEPENDENCE
These Commercial Terms govern commercial practices only.
All intellectual property rights, including those arising from patents, plant variety protection, trade secrets, or contractual restrictions, are governed exclusively by the Sesaco Seed Limited Use License and Restrictions.
Participation in any commercial program does not grant additional rights to propagate, analyze, or develop derivative varieties. Commercial participation does not waive or limit any contractual or proprietary rights of Sesaco.
11. MODIFICATIONS
Sesaco may update these Commercial Terms periodically. The version in effect at the time of shipment shall apply.
Current terms are available at:
12. GOVERNING LAW AND DISPUTE RESOLUTION
These Commercial Terms shall be governed by the laws of the State of Texas.
Any dispute arising from or related to these Commercial Terms shall be brought exclusively in the state or federal courts located in Travis County, Texas.
To the extent a dispute also implicates the Sesaco Seed Limited Use License and Restrictions, the jurisdiction and venue provisions of that agreement shall apply consistently with this Section.