RAC BREEDER –GROWER PRODUCTION AGREEMENT
In order to protect the intellectual property rights of the breeders and breeders’ agents
(in this Agreement known as “the Breeders”, whose names are set out on the RAC Royalty Rates page on BIPO’s Website – www.bipo.org.uk), this Agreement sets out the terms of the Royalty Area Collection (RAC) Agreement made between the Breeders and the Grower.
Under the terms of this Agreement, seed of the varieties set out in the Schedule (“the Varieties”) will be sold exclusive of certified seed royalties, but instead an area payment will be payable by the Grower at the rate per hectare set out in the Schedule for plantings of both certified seed and farm saved seed used in subsequent years.
1. The Grower will declare to BIPO Limited (which is acting on behalf of the Breeders) the area planted of each of the Varieties, by the date shown in the Schedule.
2. The Grower will keep clear and full records of all use and plantings of seed of the Varieties, including farm holding number where the seed was grown and the area sown.
3. The Grower will pay to BIPO within 21 days of receipt of the invoice the area payment due at the rate per hectare set out in the Schedule. BIPO shall be entitled to collect such area payment from the Grower on behalf of the Breeders under this agreement and BIPO shall have the right to enforce the above terms under the Contracts (Rights of Third Parties) Act 1999.
4. For the express purpose of auditing, monitoring and verifying compliance with this Agreement the Grower will permit an employee, officer, or authorised representative of BIPO to have access to the established crops of the Varieties and to all documents relating to the use and disposal of seed of the Varieties and the produce.
5. The Grower agrees that the merchant who supplied seed of the Varieties to the Grower may provide BIPO with the following information for all purchases of seed of the Varieties, solely for the purpose of collecting area payments, auditing, monitoring, verifying and enforcement: name and address of Grower, quantities of seed purchased, seed certification numbers, dates of transactions and intended hectarages.
6. The Grower shall not sell, exchange or transfer seed for sowing of the Varieties.
7. The Breeders may at any time add further varieties to the Schedule on the same terms, by notice on the website. The area payment rate shall be reviewed annually by 30th June (for Autumn crops sown that year) and 31st December (for Spring crops sown the following year). Other terms of this Agreement may be amended by not less than three months notice in writing.
8. This Agreement shall continue annually. The agreement will be automatically renewed unless notice is given in writing by either party before 30th May of any year, except that clauses 1 to 6 shall continue indefinitely where the Grower plants seed of any of the Varieties.
9. BIPO Ltd is committed to protecting and respecting your privacy. Any personal data we collect from you or which you provide to us will be processed by us as a result of using or interacting with our website, or direct contact made by ourselves. We aim at all times to process and collect your data lawfully, transparently, fairly and without adversely affecting your rights. For BIPO’s Private Policy please see web-site.
10. The Grower consents to receiving information from the breeder with specific regard to the variety/varieties purchased only.