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WHAT SORT OF CLAIMS DO SEEDSMEN ATTRACT?
There are six main categories of claims as outlined below.
In most cases the key factors are the adequacy of the seedsmen’s
quality control and seed testing procedures, including the
sampling procedures, and the depth of the plaintiff’s distress
at having lost all or part of his harvest and subsequent profit,
(sometimes blaming the seedsmen, instead of his own farming
techniques).
1) Mechanical
Error: Such as errors in labelling, mixture of the wrong
kinds or varieties of seed, inadequate labelling or inadequate
laboratory testing for germination.
2)
Overzealous Distribution: Including verbal warranties as a
result of a salesman over-representing the seed product, and
catalogue warranties, again by overzealous parties perhaps
beyond the control of the seed producer. The FIS
recommends the use of a Standard Disclaimer of Warranty and
Limitation of Liability, which is a protection against some of
these claims.
3) Germination Deficiencies: This type of loss
can be controlled by careful grow-out testing and strenuous
policing by official state and federal seed testing
laboratories. Although claims may be less frequent, they
tend to be particularly severe when they do occur.
4)
Misapplication: Claims resulting from seed failing to
perform in a given area.
5) Disease
Control Problems: Susceptibility to disease varies on the
susceptibility or genetic resistance of the type of seed
planted. Seedlings or plants may become infected with
disease due to seed borne organisms, or be infected by disease
organisms in the soil or on plant residue. Damage can be
reduced by disease control treatments and by not planting in
areas known to be infected with disease.
6)
Miscellaneous Problems: Improper and inadequate pollination
can produce substandard seed and consequential losses.
Claims also arise from failure to carefully rogue undesired
types, kinds or varieties from the seed field and, in
particular, apparent carelessness in harvesting the seed
production fields.
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