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 APPENDIX
1 - Type 2
Example EPR Agreement – Not signed by grower
Seed Variety Licence 2007
http://www.awb.com.au/growers/awbseeds/endpointroyalties/
Key elements of AWB Seeds’ current seed licensing
arrangements include:
-
AWB Seeds varieties are protected under the Plant Breeders
Rights Act (1994)
-
Each time a grower purchases seed, the grower simultaneously
enters into a licence with AWB Seeds on the seed variety terms
and conditions (Seed Variety Licence 2007)
-
Grower does not need to sign the Seed Variety Licence 2007 as
the grower is taken to agree to the licence terms and conditions
at the point of purchase
-
End Point Royalty is payable on all grain production (except
seed retained by grower for re-planting)
-
NO grower to grower trading of AWB Seeds varieties for seed use
is allowed
-
Licence obligations are enduring.
For further information contact AWB Seeds on 03 5389 0150 or
visit www.awbseeds.com.au
ESSENTIAL READING – Seed Variety Licence for 2007
Seed Sales
1 Application
These are the terms and conditions on which AWB Limited (ABN 99
081 890 459) trading as AWB Seeds (we or us or our) licences to
each person (you or your) who purchases (either itself or
through an authorised representative), from us or an AWB Seeds
approved retailer, seed that is subject to registered protection
under
the Plant Breeders Rights Act 1994 (Cth) (Act) and in respect of
which we are the grantee of Plant Breeders Rights (PBR) or
licencee of that grantee (Seed). Details of AWB Seeds approved
retailers are available online
www.awbseeds.com.au or by
contacting AWB Seeds on 03 5389 0150.
2 When is a contract formed
Each time you complete a purchase of Seed from us or an AWB
Seeds approved retailer, you simultaneously enter into a licence
with us in respect of the relevant Seed, on these terms and
conditions.
You acknowledge that no licence rights are granted by us in
respect of purchases of Seed from persons other than us or AWB
Seeds approved retailers.
3 Licence
(a) Subject to paragraph 3(b), we licence you to plant Seed for
the purpose of you producing grain therefrom (Commodity) and
selling that Commodity as commodity (and not as seed). You must
not use
Seed for any other purpose.
(b) You may retain:
(i) Commodity as seed for the purpose of subsequent planting by
you (Retained Seed). Retained Seed remains subject to these
terms and conditions including the obligation to make payments
under paragraph 5 in respect of Commodity produced therefrom;
and
(ii) Commodity for the purpose of feeding your stock (Stockfeed
Commodity).
(c) Subject to any express entitlements conferred on you under
these terms and conditions, you acknowledge that all rights
conferred on us or our licensors under the Act in respect of the
Seed remain in full force and effect.
4 Limitation of liability
(a) To the extent permitted by law we exclude all warranties and
liabilities in relation to the Seed howsoever arising (including
all liabilities arising from our negligence).
(b) Where any warranty or liability in relation to the Seed
(including a liability arising from our negligence) cannot be
excluded by us, we limit our liability to the extent legally
permissible to:
(i) the replacement of the Seed or the supply of agronomically
equivalent Seed; or
(ii) the payment of the cost of replacing the Seed or acquiring
agronomically equivalent Seed, – as determined by us in our
discretion.
5 End Point Royalties
(a) You agree, in accordance with the following provisions of
this paragraph 5, to pay to us a royalty on each metric tonne of
Commodity you produce (other than Retained Seed) calculated at
the rate applying to the relevant Commodity (End Point Royalty)
plus applicable GST as set out in the schedule to these terms
and conditions.
(b) In respect of the sale of Commodity to us or a third person
with whom, prior to the time of that sale, we have entered into
a collection arrangement (Collection Marketer), an amount equal
to the End Point Royalty (plus applicable GST) will be deducted
by us or that Collection Marketer, as the case may be, from
purchase monies otherwise payable to you, in satisfaction of
your obligation under paragraph 5(a). A tax invoice will be
issued to you in relation to the End Point Royalty after the End
Point Royalty is deducted from the purchase monies payable to
you.
(c) In respect of any sale of Commodity to a third person who is
not a Collection Marketer and in respect of any Stockfeed
Commodity, you must pay to us the applicable End Point Royalty
(plus applicable GST) within 30 days after the day of sale or
day of harvest of the Stockfeed Commodity, as applicable. A tax
invoice will be issued to you in relation to the End Point
Royalty following receipt of your payment.
6 Information requirements
(a) As a condition of your purchase of Seed from an AWB Seeds
approved retailer and your sale of Commodity to a Collection
Marketer, you agree to supply to that approved retailer or
Collection Marketer your name, address, contact and trading
details.
(b) At the time of making your payment under paragraph 5(c) and
at any other time that we request in writing, you must provide
to us complete and accurate written details of the:
(i) varieties and quantities of Commodity produced and/or
sold;
(ii) persons to whom Commodity is sold and details of the
varieties and quantities of Commodity sold to those
persons;
(iii) the varieties and quantities of Stockfeed Commodity;
(iv) the varieties and quantities of Retained Seed; and
(v) any other details reasonably required by us in order to
verify your compliance with the requirements of these terms and
conditions.
(c) You authorise us to contact and obtain from any person from
whom you purchase Seed or to whom you sell Commodity any of the
details referred to in paragraphs 6(a) or 6(b).
7 General
(a) For the purposes of these terms and conditions, the
expression sold includes
bartered
or
exchanged
and
sell
has a corresponding meaning.
(b) You acknowledge and agree that we may enter the details
referred to in paragraphs 6 (a) and (b) into an internal
database and use those details to contact you with information
regarding any of our business developments and/or our products
and services (Marketing Purposes). If you do not wish us to use
your details
for Marketing Purposes please contact us on 03 5389 0150.
(c) You and us both agree that in performing our rights and
exercising our obligations under these terms and conditions, we
will each comply with all applicable laws including the Privacy
Act 1988 (Cth). A copy of the AWB privacy policy (with which we
agree to comply) is available online
www.awb.com.au or by
contacting
AWB Seeds on 03 5389 0150.
(d) Any failure by us to insist on strict compliance with any of
these terms and conditions or any delay by us in exercising our
rights under these terms and conditions will not constitute a
variation or waiver of any of these terms and conditions or any
other right that is available to us.
(e) These terms and conditions can be amended by us at any time
by giving you not less than 14 days notice in writing. Any
amendments to these terms and conditions, except to the End
Point Royalty rates, will apply after the notice period.
Amendments to End Point Royalty rates noti.ed in a year will
only apply from the commencement of the subsequent year’s
harvest. You acknowledge that these terms and conditions cannot
be amended in any other manner and that no person (including the
person from whom you purchase Seed) other than us has the
authority to amend these terms and conditions on our behalf.
(f) If part or all of any provision of these terms and
conditions or its application to any person or circumstance is
illegal or unenforceable, the provision will be interpreted so
as to ensure it is not illegal or unenforceable. If any
provision or any part of it cannot be so interpreted, the
provision or part of it will be severed from these terms and
conditions and the remaining provisions of these terms and
conditions remain in force.
(g) Where you comprise two or more persons, an agreement or
obligation to be performed or observed by you binds those
persons jointly and each of them severally.
(h) Your obligations under these terms and conditions cannot be
assigned without our prior written consent and you acknowledge
that we can give our consent on such terms and conditions as we
think fit.
(i) These terms and conditions (and any contract between us in
which these terms and conditions form part) are governed by the
law in the State of Victoria and you and us each submit to the
jurisdiction of the courts of that state.
(j) The expressions GST and
tax invoice,
when used in these terms and conditions, have the meaning given
to them in the A New Tax System (Goods and Services Tax) Act
1999 (Cth).
End Point Royalty Rates and Breakdown (A$)
Variety Total
End GST Breeder
Management
Point
Royalty ($ per mt) Royalty fee
($ per mt ($
per mt) ($ per mt)
Including GST)
Jindalee
(Lupin) $1.38 $0.13
$0.95 $0.30
Kaspa
(Field Pea) $2.20 $0.20
$1.70 $0.30
Kukri
(Wheat) $1.10 $0.10
$0.65 $0.35
Lang
(Wheat) $1.10 $0.10
$0.55 $0.45
Moti
(Chickpea) $2.75 $0.25
$2.00 $0.50
*Na.ce
(Chickpea) $7.15 $0.65
$6.00 $0.50
Nura
(Faba Bean) $3.30 $0.30
$2.40 $0.60
Petrie
(Wheat) $1.10 $0.10
$0.55 $0.45
Possum
(Oats) $1.87 $0.17
$1.20 $0.50
Rees
(Wheat) $1.65 $0.15
$1.05 $0.45
Sentinel
(Wheat) $1.98 $0.18 $1.40
$0.40
Tiara
(Lentil) $8.80 $0.80
$5.00 $3.00
Yitpi
(Wheat) $1.10 $0.10
$0.55 $0.45
Yorker
(Chickpea) $3.30 $0.30
$2.40 $0.60Variety Total End GST Breeder
*Almaz
(Chickpea) $7.15 $0.65
$6.00 $0.50
Arrivato
(Durum) $3.30 $0.30 $2.50
$0.50
*Baudin
(Feed Barley) $1.65 $0.15 $1.00
$0.50
*Baudin
(Malt Barley) $3.85 $0.35 $3.00
$0.50
Buloke
(Barley) $2.20 $0.20
$1.50 $0.50
Catalina
(Wheat) $2.75 $0.25 $2.10
$0.40
Chara
(Wheat) $1.10 $0.10
$0.55 $0.45
Drysdale
(Wheat) $1.10 $0.10 $0.70
$0.30
EGA Hume
(Wheat) $1.10 $0.10 $0.70
$0.30
EGA Wedgetail
(Wheat) $1.60 $0.15
$1.00 $0.45
Fitzroy
(Barley) $2.20 $0.20
$1.50 $0.50
Flipper
(Chickpea) $3.30 $0.30
$2.40 $0.60
Grout
(Barley) $2.20 $0.20
$1.50 $0.50
Guardian
(Wheat) $2.75 $0.25 $2.10
$0.40
Jandaroi
(Durum) $2.75 $0.25 $2.00
$0.50
* The Seed Variety Licence 2007 and the applicable End Point
Royalty Rates and Breakdown do not apply in Western Australia.
Protected by PBR. The products denoted with this symbol are
subject to the Plant Breeders Rights in Australia. Unauthorised
commercial propagation or any sale, conditioning, export, import
or stocking of propagating material is an infringement under the
Plant Breeders Right Act (1994). AWB4006
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