OSR Establishment Scheme Terms

OSR Establishment Scheme

Participating Farmers Terms and Conditions

The Limagrain OSR Establishment Scheme (“Scheme”) offered by Limagrain UK Ltd. (“Limagrain”) provides simple and highly valuable income protection at no additional cost. Farmers who purchase the eligible packs of LG oilseed rape varieties (“OSR Seeds”) benefit from a repayment of £100/ 1.5 million seed unit when their whole fields, or continuous and uninterrupted plots of at least 6 hectares, sowed with OSR Seeds, suffer crop damage and fail to establish during the 2023 season.

These terms and conditions of the Scheme (“Terms”) apply to any registered participant (“you”)  into the Scheme for the Eligible Products (as defined below) that you purchased from your distributor (“Distributor”) during the 2023 season.

By confirming your registration and adhesion to the Scheme, you confirm having read and understood the present Terms and undertake to accept and agree with all the terms and conditions thereof, without reservation or exception.

Any person who contravenes any provision in these Terms will be prevented from participating into the Scheme.

No terms, conditions or warranties other than those identified in those Terms and no agreement or understanding, oral or written, in any way purporting to modify the Terms whether contained in purchase order, shipping release forms, or elsewhere, shall be binding on Limagrain unless hereafter made in writing and signed by Limagrain’s authorized representative.

The following OSR seeds qualify for the Scheme set forth hereunder:

• Ambassador
• Aurelia
• Attica
• LG Auckland
• LG Aviron
• LG Antigua
• LG Wagner

Hereinafter the “Eligible Products”.

To be eligible for the Scheme, you shall have ordered and purchased Eligible Products during the 2023 Season.

To qualify for the Scheme, you must comply with the following conditions of sowing:

You must sow the Eligible Products in accordance with general good professional practices for sowing of seeds. Any crops that have been broadcast and not incorporated will not be eligible into the Scheme; and

You must sow the Eligible Products during the period between 15th July to 15th September, 2023; and

You must not sow the Eligible Products in a field mixed with any other seeds of oilseed rape varieties which are not eligible under the Scheme.

Any Eligible Products that have failed to establish due to the misapplication of plant protection products are not eligible under the Scheme.

The Eligible Products are eligible under the present Scheme at no additional cost.

When you purchased the Eligible Products, your distributor has informed you about the applicable conditions of the Scheme and how to claim for possible compensation as provided herein. Your distributor has fulfilled and completed for your account the details required for registration to the Scheme.

You must confirm your participation and adhesion to the Scheme by 31^st October 2023 at the latest.

Your confirmation of participation to the Scheme can be done exclusively by your distributor.

Limagrain shall not be held responsible in case your contact details (in particular your email address) completed by your distributor are false, incomplete or erroneous and you could not claim for qualification to the Scheme.

Therefore, PLEASE check with your distributor your email address and other contact details to benefit to the Scheme and confirm your participation in due time.

The Scheme allows you to address the failure to establish of your plots sown with Eligible Products and related crop or plant damages which require you to re-sow your plots.

Your claim will be accepted when your plants or plots sown with Eligible Products completely failed to establish by 31st October 2023 at the latest (whatever the reason that caused the failure may be, excluding the misapplication of plant protection products as specified under section 2 above) and require you to resow your damaged plots with other crops or fallow for the remainder of the cropping year. In particular, crop damages covered by the Scheme include (without limitation) damages caused by plant diseases, pests, climate damages and/or drought.

Your claim will be accepted only for either (i) a whole field with a sowed area of 3 hectares minimum and/or, (ii) continuous and uninterrupted plots of 6 hectares minimum, cultivated with Eligible Products.

No claim will be accepted after 31st October 2023.

Your distributor from whom you purchased your Eligible Products is your primary contact for any subsequent claims you want to address under the Scheme.

PLEASE contact your distributor directly in case of failure to establish of your plots sown with Eligible Products and related crop or plant damages which require the plots to be re-sowed. In order to process your claim under the Scheme, your distributor will require the following information and may request to visit the fields or plots in question:

• Variety
• Field location (OS field reference number, co-ordinates, what3words)
• Field area
• Failed crop area
• Date drilled
• Date written off
• Cause(s) for failure to establish
• Photographs of failed field or plot

Limagrain reserves the right to refuse the claim addressed fraudulently and/or based on inaccurate or misleading information. This includes (without limitation) the right to undertake genetic marker testing to ascertain that the field in question is sown with Eligible Products. 

Claim which complies with the conditions stated above will be accepted under the Scheme, and you will be eligible to receive a compensation payment of £100 (one hundred pounds) per 1.5 million seed unit of purchased Eligible Products which failed to establish after sowing, provided that the number of packs of Eligible Products considered in that respect will be calculated according to a sowing rate of 50 seeds /m² and rounded to the nearest full pack (“Compensation(s) ”).

Limagrain will pay the Compensation due in respect of your accepted claim under the Scheme to your distributor who will then pass-on and pay it to you by 15^th December 2023 at the latest.

Your distributor ensures the full and proper transfer of your Compensation in due time to you as stated in the present Terms. Your distributor shall be sole responsible for your Compensation’ payment under the Scheme. Any liability of Limagrain in that respect is expressly excluded. 

The payment of Compensation shall be final and settle any and all existing or potential damages or claims with respect to the Eligible Products under the Scheme, and you therefore waive any and all claims against Limagrain in relation with the Eligible Products under the Scheme.

Limagrain will process, in an automated filing system, information – including personal data- collected under the present Terms to the extent necessary for the performance of the Scheme.

When confirming online your registration to the Scheme, you may also give your consent and accept your personal data to be used to receive from Limagrain information about its products and special offers by post, email, phone or text message, under the terms of the Limagrain Privacy Policy 

PLEASE read the Limagrain Privacy Policy carefully to understand why we collect this information, how we use and protect the information that you provide to us.

Limagrain disclaims any liability if the Scheme is cancelled, extended, interrupted, shortened, modified or delayed by reason of any acts of God, war, labour disturbances, fire, lock out, breakdown of plant or machinery, power or supplies, or by reason of any law, order, proclamation, regulation, ordinance, demand or requirement of any Government or official authority or any subdivision, authority or representatives of any such Government or official authority, or by reason of any other cause whatsoever beyond the reasonable control of Limagrain.

Limagrain shall not be held liable for any malfunctions which might affect the internet network, any configuration system or problem linked to browser. Limagrain shall not be responsible in case you cannot connect to the Scheme confirmation weblink for any reason which is beyond Limagrain’s control, in particular in case of internet disconnection caused by a default at the user’ location (including without limitation if you use unsuitable software environment to confirm your participation). You may not claim for any compensation in this respect.

LIMAGRAIN SHALL BE UNDER NO LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN RESPECT OF THE ELIGIBLE PRODUCTS, OTHER THAN AS EXPRESSLY PROVIDED FOR UNDER THESE TERMS. LIMAGRAIN SHALL NOT BE HELD LIABLE FOR ANY MATERIAL OR IMMATERIAL DAMAGE CAUSED TO YOU, TO YOUR COMPUTER EQUIPMENT OR FOR ANY DIRECT OR INDIRECT DAMAGES CAUSED AS A CONSEQUENCE THEREOF.

Additions and modifications to these Terms may be published during the Scheme and considered to amendment to these Terms. Any change will be the subject of prior information by any appropriate means and will be filed as indicated in the preamble above.

Participation to the Scheme will be open as from April 1st 2023, until 1st December 2023 inclusive. After this date, no complaint or dispute will be admissible.

These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.