|
|
|
IC 15-4-14-1
Application; applicable law
Sec. 1. (a) Except as provided in section 2 of this chapter, this
chapter applies to a seed contract for seed that is planted in Indiana.
(b) Other applicable Indiana law not in conflict with this chapter
applies to a seed contract.
As added by P.L.102-2003, SEC.3.
IC 15-4-14-2
Application to certain contracts
Sec. 2. This chapter does not apply to either of the following:
(1) A seed contract entered into before January 1, 2004.
(2) A production contract.
As added by P.L.102-2003, SEC.3.
IC 15-4-14-3
Application of certain definitions
Sec. 3. The definitions set forth in IC 15-4-13 apply throughout
this chapter.
As added by P.L.102-2003, SEC.3.
IC 15-4-14-4
Incorporation of law into seed contracts
Sec. 4. (a) The provisions of this chapter are considered to be a
part of every seed contract.
(b) A seed contract is not required to contain or restate any
provision of this chapter.
(c) A bag or other container used by the seed supplier to deliver
the seed to the farmer is not required to bear a label or any other
writing containing or restating any provision of this chapter. A
provision found on a label or any other writing on a seed bag or
container inconsistent with this chapter is not enforceable against a
farmer.
(d) The failure of a seed supplier to state any provision of this
chapter in a seed contract, on a label, or in any other writing on a
seed bag or container is not considered a violation of this chapter.
As added by P.L.102-2003, SEC.3.
IC 15-4-14-5
Conflict with statute; void contracts
Sec. 5. A provision of a seed contract in conflict with this chapter
is void.
As added by P.L.102-2003, SEC.3.
IC 15-4-14-6
Waiver of statute void
Sec. 6. A provision of a seed contract that purports to waive a
provision of this chapter is void.
As added by P.L.102-2003, SEC.3.
IC 15-4-14-7
Indiana laws govern
Sec. 7. A seed contract is governed by the laws of Indiana.
As added by P.L.102-2003, SEC.3.
IC 15-4-14-8
Choice of other law
Sec. 8. If a seed contract purports to choose the laws of a
jurisdiction other than Indiana to govern the contract, the choice is
not enforceable.
As added by P.L.102-2003, SEC.3.
IC 15-4-14-9
Choice of forums conditions; unenforceable choice
Sec. 9. (a) This section applies only if a seed contract purports to
choose a forum that would not otherwise have jurisdiction over the
farmer.
(b) The forum selection provision must be printed conspicuously
in immediate proximity to the space reserved for the signature of the
farmer. For purposes of this subsection, a forum selection provision
is printed conspicuously if any of the following apply:
(1) The provision is printed all in capitals, when other text is
printed in capitals and lower case.
(2) The provision is printed in a larger, boldface, or other
typeface different from other text.
(3) The provision is printed in a color that contrasts with other
text.
(4) The provision is underlined.
(5) The provision is printed in any other way that highlights the
provision in relation to the other text of the contract.
(c) A forum selection provision that violates this section is not
enforceable.
As added by P.L.102-2003, SEC.3.
IC 15-4-14-10
Confidential communications
Sec. 10. Communications:
(1) between a farmer and:
(A) a member of the farmer's immediate family;
(B) an attorney;
(C) an accountant;
(D) a professional advisor; or
(E) a partner, an associate, or another individual engaged
with the farmer in the farming enterprise for which the seed
was purchased;
(2) regarding the terms of a seed contract; and
(3) made for the purpose of giving advice to the farmer;
IC 15-4-14-11
Possession of proprietary material; effect of de minimus possession
Sec. 11. If:
(1) a product in which the seed supplier has rights is possessed
by the farmer or found on real property owned or occupied by
the farmer; and
(2) the presence of the product is de minimus or not intended by
the farmer;
the farmer is not liable for breach of the seed contract.
As added by P.L.102-2003, SEC.3.