Terms of Sale
(AS OF AUGUST 2026)
ARBITRATION/CONCILIATION/MEDIATION REQUIRED BY SEVERAL STATES
Under the seed laws of several states, arbitration, mediation or conciliation is required as a
prerequisite to maintaining legal action based upon the failure of seed to which this notice is
attached to produce as represented. The consumer shall file a complaint (sworn for AR, FL, ID,
IN, MS, MT, SC, TX, WA) (verified for in CO, IL) (signed only for CA, GA), along with the required filing fee (where applicable) with the Commissioner/Director/Secretary of Agriculture, Seed Commissioner, or Chief Agricultural Officer within such time as to permit inspection of the crops or plants by the state’s designated agency and MUSTANG, or within the period required by state law. A copy of the complaint shall be sent to MUSTANG by certified or registered mail or as otherwise provided by law.
SUPPLY & PRICE
MUSTANG reserves the right to substitute product at its discretion for any reason, including
but not limited to crop or product shortages. If the buyer rejects the substitute product, the
buyer’s sole and exclusive remedy shall be the cancellation of its order. Prices and hybrids are
subject to change at any time. The price shall be the price set out in MUSTANG’s current
published price list for the upcoming crop year, less any applicable programs or discounts
offered in writing by MUSTANG. Programs and discounts may be modified from time to time
without prior notice.
AGRONOMIC ZONE AND PLANTING YEAR
By purchasing seed products of MUSTANG, the buyer understands that such products are for
planting in the year of the purchase and that MUSTANG has the obligation to pay royalties to
trait providers for the products containing specific traits based on each grower’s agronomic
zone. Buyer agrees to report the agronomic zone of each grower who will plant such traited
products (including that of the buyer if he is a grower) to MUSTANG. Such agronomic zones are defined and assigned by each of the trait providers at their sole discretion, and may be
different from one provider to another. At any time, should MUSTANG become aware that the
seed product was invoiced for an in- correct agronomic zone or planting year, MUSTANG will
adjust the invoice to reflect the correct price. In such event, either MUSTANG will promptly
issue a refund, or the buyer will pay the corrected amount remaining owed to MUSTANG.
LIMITATION OF WARRANTY AND REMEDY
MUSTANG warrants that the seeds in the container are as described on the tag, subject to
tolerances established by law. THE FOREGOING EXPRESS WARRANTY EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND IS VOID IF THE SEED PRODUCT IS SOLD TO BUYER BY AN UNAUTHORIZED SELLER. THERE ARE NO OTHER WARRANTIES WHICH
EXTEND BEYOND THE DESCRIPTION THEREON. MUSTANG does not warrant that conventional seed produced or sold by MUSTANG is free of genetically modified organisms (“GMO”), nor does MUSTANG warrant that genetically modified seed produced or sold by MUSTANG is free of unintentional GMO for any reason, (including but not limited to adventitious pollen contamination due to pollen drift caused by wind and/or insects). MUSTANG specifically disclaims any warranty as to complete freedom of GMO for conventional seed produced or sold by MUSTANG and MUSTANG specifically disclaims any warranty as to complete freedom of unintentional GMO for genetically modified seed produced or sold by MUSTANG. By acceptance and use of the seed, buyer agrees that MUSTANG’s liability and the buyer’s exclusive remedy for breach of any warranty or other reason (if any) shall be limited, in all events, to a return of the purchase price of the affected seed, and in no event shall MUSTANG be liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, or any similar loss) whether based on breach of contract, breach of warranty, tort (including negligence), product liability, or otherwise, even if advised of the possibility of such damages. All claims must be presented within a reasonable period of time and not later than thirty (30) days after discovery. Crop yields and quality are influenced by many causes and conditions beyond MUSTANG’s control that MUSTANG does not warrant yield or quality. Further, any recommendations given for selection or use of MUSTANG’s products are based upon MUSTANG’s best knowledge and for informational purposes only, and MUSTANG does not warrant the results to be obtained with such recommendations. Unless accepted on the foregoing terms, buyer shall return the seed in the original unopened container within 15 days of purchase for a refund of the purchase price.
SECURITY INTEREST
MUSTANG reserves, and the buyer grants to MUSTANG or to any third party assigned by
MUSTANG, a security interest in any and all delivered products in the inventory of the buyer
and in all accounts receivable of the buyer arising from the sale of the MUSTANG products,
until full payment to MUSTANG. Buyer agrees to execute such documents as MUSTANG or any third party assigned by MUSTANG may request in order to perfect MUSTANG’s security
interest.
RIGHT TO OFFSET
MUSTANG and buyer agree that any overpayment (i.e., credit balance) made during the
planting year will automatically rollover to the following year as an advance payment against
subsequent purchases unless buyer notifies MUSTANG that it would like a refund within 30
days after settlement. This does not limit the buyer’s ability to specifically request a refund of
an overpayment at any time. Note that payment of an early refund may impact other items,
including early payment discounts and credits or qualification for various other programs or
discounts offered by MUSTANG. Notwithstanding the above, the buyer acknowledges and
agrees that MUSTANG may, in its sole discretion, apply any credit balance or payment that
MUSTANG receives from the buyer (directly or from a third party for the buyer’s account) to
any past-due account that the buyer may have with GDM Seeds, Inc. A late payment charge of
1.5% per month (18% per annum), or the maximum lower rate allowed by law, will be added
to all accounts not paid in full by the due date of payment, and for each month thereafter on
the unpaid amount until paid in full. The buyer also agrees to bear any and all expenses related
to the collection of any accounts deemed past due by MUSTANG, including without limitation
attorney fees and court costs.
IMPORTANT NOTICE: USE RESTRICTIONS
Sale of this seed is allowed only in the U.S. and through MUSTANG’s authorized dealers and
distributors and buyer may not re-sell the seed unless otherwise agreed to in writing by
MUSTANG. One or more of the parental lines used to produce this seed is/are proprietary to or
licensed to MUSTANG. Further, the traits and technology contained within this seed, as well as the parental lines and progeny, are covered by intellectual property protection, which may
include plant variety certificates, trade secrets and patents which may include, but are not
limited to, patented germplasm, transgenic traits, native traits, transformation technologies,
methods of use and breeding methods. MUSTANG grants to buyer a limited, non-exclusive,
non-transferable right to use the seed for the sole purpose of growing a single commercial
crop for the production of grain or forage for feeding or processing. Farm-seed saving is strictly forbidden and shall constitute a misappropriation of third party’s intellectual property, and therefore a breach of their legitimate rights and damage to said third party’s legitimate
expectation of future sales. The purchase/bailment/transfer of this seed conveys no right
under any intellectual property to use the seed for any purpose. Buyer agrees that it is not
acquiring any rights to use the seed or any parental line(s) that may be unintentionally
contained herein for any purpose other than the growing of a single commercial crop for the
production of grain or forage for feeding or processing. Buyer shall not reproduce or transfer
said seed or parental line(s), nor subject them (nor their pollen or any other plant part) to any
breeding, research, field or laboratory analysis, development, biotechnology process, or any
other variety improvement purposes or genetic manipulation techniques, including (but not
limited to) tissue culture, genetic fingerprinting or transformation techniques, sequencing, use
of molecular markers or mutagenesis. The parental line(s) may also be protected under trade
secret laws. Buyer further agrees that under these trade secret rights, any parental seed and
the genetic material contained herein is confidential and must be maintained in confidence.
Export of the seed and parental line(s) is prohibited. Further, the buyer shall ensure that any
crop or material produced from this seed shall only be exported to, or used, processed or sold
in countries where all necessary regulatory approvals have been granted. All pesticides used
must be used according to label specifications and regulatory requirements. FOR TRAITED
SEED, ACCEPTANCE OF TRAIT PROVIDERS’ TECHNOLOGY AGREEMENTS IS REQUIRED AS A CONDITION OF SALE AND BUYER AGREES TO COMPLY WITH ALL APPLICABLE PRODUCT USE GUIDES AND GROWER-FOCUSED STEWARDSHIP PRACTICES. Buyer consents to MUSTANG providing to trait providers, or their designees, its contact details for stewardship compliance and marketing purposes. Buyer also consents to MUSTANG providing to financial institutions, or their designees, its contact details for soft credit checks and for marketing or promotional purposes.
LEGAL
No dicamba may be used in-crop with seed with Roundup Ready® Xtend Technology, unless and until approved or specifically permitted, and no dicamba formulations are currently registered for such use in the 2025 season. Please follow www.roundupreadyxtend.com/pages/xtendimax-updates.aspx for status updates. Dicamba may harm crops that are not tolerant to dicamba.
Bayer is a member of Excellence Through Stewardship® (ETS). Bayer products are commercialized in accordance with ETS Product Launch Stewardship Guidance, and in compliance with Bayer’s Policy for Commercialization of Biotechnology-Derived Plant Products in Commodity Crops. Commercialized products have been approved for import into key export markets with functioning regulatory systems. Any crop or material produced from this product can only be exported to, or used, processed or sold in countries where all applicable regulatory approvals have been granted. It is a violation of national and international law to move material containing biotech traits across boundaries into nations where import is not permitted. Growers should talk to their grain handler or product purchaser to confirm their buying position for this product. Excellence Through Stewardship® is a registered trademark of Excellence Through Stewardship.
ALWAYS READ AND FOLLOW PESTICIDE LABEL DIRECTIONS.
It is a violation of federal and state law to use any pesticide product other than in accordance with its labeling. NOT ALL formulations of dicamba or glyphosate are approved for in-crop use with Roundup Ready 2 Xtend® soybeans. NOT ALL formulations of dicamba, glyphosate or glufosinate are approved for in-crop use with products with XtendFlex® Technology. ONLY USE FORMULATIONS THAT ARE SPECIFICALLY LABELED FOR SUCH USES AND APPROVED FOR SUCH USE IN THE STATE OF APPLICATION. Contact the U.S. EPA and your state pesticide regulatory agency with any questions about the approval status of dicamba herbicide products for in-crop use with products with XtendFlex® Technology.
B.t. products may not yet be registered in all states. Check with your seed brand representative for the registration status in your state.
Refuge seed may not always contain the DroughtGard® trait. IMPORTANT IRM INFORMATION: Certain products are sold as RIB Complete® corn blend products, and do not require the planting of a structured refuge except in the Cotton-Growing Area where corn earworm is a significant pest. Products sold without refuge in the bag (non-RIB Complete) require the planting of a structured refuge. See the IRM/Grower Guide for additional information. Always read and follow IRM requirements.
Roundup Ready® Technology contains genes that confer tolerance to glyphosate. Roundup Ready® 2 Technology contains genes that confer tolerance to glyphosate. Roundup Ready 2 Xtend® soybeans contain genes that confer tolerance to glyphosate and dicamba. Products with XtendFlex® Technology contains genes that confer tolerance to glyphosate, glufosinate and dicamba. Plants that are not tolerant to glyphosate may be damaged or killed if exposed to those herbicides. Plants that are not tolerant to glyphosate, dicamba, and/or glufosinate may be damaged or killed if exposed to those herbicides. Plants that are not tolerant to dicamba may be damaged or killed if exposed to those herbicides. Contact your seed brand dealer or refer to the Bayer Technology Use Guide for recommended weed control programs.
Insect control technology provided by Vip3A is utilized under license from Syngenta Crop Protection AG. Herculex®is a registered trademark of Dow AgroSciences LLC. Agrisure Viptera® is a registered trademark of a Syngenta group company. LibertyLink logo® and LibertyLink® are trademarks of BASF Corporation. Respect the Refuge and Corn Design® and Respect the Refuge® are registered trademarks of National Corn Growers Association. Acceleron®, DroughtGard®, RIB Complete®, Roundup Ready 2 Technology and Design®, Roundup Ready 2 Xtend®, Roundup Ready 2 Yield®, Roundup Ready®, SmartStax®, Trecepta®, VT Double PRO®, VT4PRO™ and XtendFlex® are trademarks
of Bayer Group.
Important: Always read and follow label and bag tag instructions; only those labeled as tolerant to glufosinate may be sprayed with glufosinate ammonium based herbicides. Agrisure®, Agrisure® Above, Agrisure Artesian®, Agrisure® Total, Agrisure Viptera®, Artesian®, Duracade®, DuracadeViptera™, DuracadeViptera™Z3, E-Z Refuge®, Viptera®, Viptera®Z3, and Saltro® are trademarks of a Syngenta Group Company.
Important: Always read and follow label instructions. Some products may not be registered for sale or use in all states or counties. Please check with your local extension service to ensure registration status.
Syngenta supports a FIFRA Section 2(ee) recommendation for Saltro for suppression of Red Crown Rot in AR, IL, IN, IA, KY, MO, OH and TN. Please see the Section 2(ee recommendation to confirm that the recommendation is applicable in your state. The Section 2(ee) recommendation for Saltro should be in the possession of the user at the time of application.
Seed products with the LibertyLink® (LL) trait are resistant to the herbicide glufosinate ammonium, an alternative to glyphosate in corn, and combine high-yielding genetics with the powerful, non-selective, post-emergent weed control of Liberty® herbicide for optimum yield and excellent weed control. LibertyLink®, Liberty® and the Water Droplet logo are registered trademarks of BASF.
Seeds containing the PowerCore® Enlist®, PowerCore® Enlist® Refuge Advanced®, Enlist® Corn – REFUGE and Enlist E3® traits are protected under one or more U.S. patents which can be found at www.traitstewardship.com. The purchase of this traited seed includes a limited license to produce a single crop in the United States. The use of seed from such a crop and/or the progeny thereof for propagation or seed multiplication or for production or development of a hybrid or different variety of seed is strictly prohibited. You acknowledge and agree to be bound by the terms and conditions of the following documents in effect at the time of planting of this seed: (i) the Corteva Agriscience Technology Use Agreement and (ii) the Product Use Guides for all technologies in this seed, including
the Herbicide Resistance Management (HRM), and Use requirements.
To plant PowerCore Enlist, PowerCore Enlist Refuge Advanced,Enlist Corn – REFUGE and Enlist E3 seed, you must have a limited license from Corteva Agriscience (or other appropriate affiliates). In consideration of the foregoing, Corteva Agriscience grants to the Grower a limited license to use its technology to produce only a single commercial crop in the United States under the terms and conditions set forth in the Technology Use Agreement in effect at the time of planting of this seed.
Corteva Agriscience is a member of Excellence Through Stewardship® (ETS). Corteva Agriscience products are commercialized in accordance with ETS Product Launch Stewardship Guidance and in compliance with the Corteva Agriscience policies regarding stewardship of those products. In line with these guidelines, our product launch process for responsible launches of new products includes a longstanding process to evaluate export market information, value chain consultations, and regulatory functionality. Growers and end-users must take all steps within their control to follow appropriate stewardship requirements and confirm their buyer’s acceptance of the grain or other material being purchased. For more detailed information on the status of a trait or stack, please visit www.biotradestatus.com. Excellence Through Stewardship® is a registered trademark of Global Stewardship Group.
Properly managing trait technology is key to preserving it as a long term crop protection tool. Growers who fail to comply with IRM requirements risk losing access to this product. To help preserve the effectiveness of B.t. corn technologies, growers planting B.t. corn technologies are required to follow an IRM Plan. Consult the Corn Product Use Guide for appropriate refuge configuration options. Before opening a bag of seed, be sure to read, understand and accept the stewardship requirements, including applicable refuge requirements for insect resistance management, for the biotechnology traits expressed in the seed as set forth in the Technology Use Agreement and Product Use Guide. By opening and using a bag of seed, you are reaffirming your obligation to comply with the most recent stewardship requirements. For complete details on IRM requirements for hybrids with B.t. technology,
including refuge examples and important information on the use of insecticides on refuge and B.t. corn acres, please consult appropriate Product Use Guide. Go to www.corteva.us/Resources/trait-stewardship.html to download the latest Corteva Agriscience Corn Product Use Guide.
Following burndown, Enlist Duo® and Enlist One® herbicides with Colex-D® technology are the only herbicides containing 2,4-D that are authorized for preemergence and postemergence use with Enlist® crops. Consult Enlist® herbicide labels for weed species controlled. Enlist Duo and Enlist One herbicides are not registered for use or sale in all states and counties; are not registered in AK, CA, CT, HI, ID, MA, ME, MT, NH, NV, OR, RI, UT, VT, WA and WY; and have additional subcounty restrictions in AL, GA, TN and TX, while existing county restrictions still remain in FL. All users must check “Bulletins Live! Two” no earlier than six months before using Enlist One or Enlist Duo. To obtain “Bulletins,” consult epa.gov/espp/, call 1-844-447-3813, or email ESPP@epa. gov. You must use the “Bulletin” valid for the month and state and county in which Enlist One or Enlist Duo are being applied. Contact your state pesticide regulatory agency if you have questions about the registration status of Enlist® herbicides in your area. ALWAYS
READ AND FOLLOW PESTICIDE LABEL DIRECTIONS. IT IS A VIOLATION OF FEDERAL AND STATE LAW TO USE ANY PESTICIDE PRODUCT OTHER THAN IN ACCORDANCE WITH ITS LABELING. ONLY USE FORMULATIONS THAT ARE SPECIFICALLY LABELED FOR SUCH USE IN THE STATE OF APPLICATION. USE OF PESTICIDE PRODUCTS, INCLUDING, WITHOUT LIMITATION, 2,4-D-CONTAINING PRODUCTS NOT AUTHORIZED FOR USE WITH ENLIST CORN AND SOYBEANS, MAY RESULT IN OFF-TARGET DAMAGE TO SENSITIVE CROPS/AREAS AND/OR SUSCEPTIBLE PLANTS, IN ADDITION TO CIVIL AND/OR CRIMINAL PENALTIES. Additional product-specific stewardship requirements for Enlist crops, including the Enlist Product Use Guide, can be found at www.traitstewardship.com.
POWERCORE® multi-event technology developed by Corteva Agriscience LLC and Monsanto. LibertyLink® and the Water Droplet Design are registered trademarks of BASF. PowerCore® and Roundup Ready® are registered trademarks of Bayer Group. Always follow IRM, grain marketing and all other stewardship practices and pesticide label directions. B.t. products may not yet be registered in all states. Check with your seed representative for the registration status in your state. ™®Trademarks of Corteva Agriscience and its affiliated companies.
PowerCore® multi-event technology developed by Corteva Agriscience LLC and Monsanto. POWERCORE® is a registered trademark of Bayer Group. Always follow IRM, grain marketing and all other stewardship practices and pesticide label directions. B.t. products may not yet be registered in all states. Check with your seed representative for the registration status in your state.
This variety contains a trait providing enhanced tolerance to labeled specific sulfonylurea soybean herbicides. The STS® gene will not safeguard this variety against other herbicide chemistries which are labeled to be used only over-the-top of crops that have a different and specified herbicide resistant gene. Always read and follow herbicide directions prior to use.
Not all herbicides are registered for sale or use in all states or counties in the United States or all provinces in Canada. Contact your local regulatory agency to determine if a product is registered for sale or use in your area. Always read and follow label directions.
ACCIDENTAL APPLICATION OF INCOMPATIBLE HERBICIDES TO THIS VARIETY COULD RESULT IN TOTAL CROP LOSS. YOU MUST SIGN A TECHNOLOGY USE AGREEMENT AND READ THE PRODUCT USE GUIDE PRIOR TO PLANTING.
The purchase of these seeds includes a limited license to produce a single soybean crop in the United States (or other applicable country). The use of seed from such a crop or the progeny thereof for propagation or seed multiplication or for production or development of a hybrid or different variety of seed is strictly prohibited. Resale or transfer of the seed is strictly prohibited.
Important: Always read and follow label instructions. Some products may not be registered for sale or use in all states or counties. Please check with your local extension service to ensure registration status.
Apron XL®, Cruiser®, CruiserMaxx®, Maxim®, Saltro®, Vayantis® and Vibrance® are trademarks of a Syngenta Group Company.
Syngenta supports a FIFRA Section 2(ee) recommendation for Saltro for suppression of Red Crown Rot in AR, IL, IN, IA, KY, MO, OH and TN. Please see the Section 2(ee) recommendation to confirm that the recommendation is applicable in your state. The Section 2(ee) recommendation for Saltro should be in the possession of the user at the time of application.