Thursday, February 24, 2011

Monsanto Shifts ALL Genetically-Modified Liability To Farmers


Monsanto Shifts ALL Genetically-Modified Liability To Farmers

BEWARE UNSUSPECTING FARMERS

Here is the paragraph that defines Monsanto's limit of liability that shifts it to the farmer:

"GROWER'S EXCLUSIVE LIMITED REMEDY: THE EXCLUSIVE REMEDY OF THE GROWER AND THE LIMIT OF THE LIABILITY OF MONSANTO OR ANY SELLER FOR ANY AND ALL LOSSES, INJURY OR DAMAGES RESULTING FROM THE USE OR HANDLING OF SEED (INCLUDING CLAIMS BASED IN CONTRACT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, TORT, OR OTHERWISE) SHALL BE THE PRICE PAID BY THE GROWER FOR THE QUANTITY OF THE SEED INVOLVED OR, AT THE ELECTION OF MONSANTO OR THE SEED SELLER, THE REPLACEMENT OF THE SEED. IN NO EVENT SHALL MONSANTO OR ANY SELLER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES."

Monsanto's Technology Stewardship Agreement shifts responsibility to growers for any and all losses, injury or damages resulting from the use of Monsanto seeds. There is no expiration date on the contract. The grower may terminate the contract, but: "Grower's responsibilities and the other terms herein shall survive...".

This includes contamination of other farms. Growers are purchasing seed for Spring planting right now. Alfalfa, America's 4th largest crop, is a particular problem because it is a perennial plant and the seeds may lie dormant in the ground for 10-20 years, and WILL contaminate non-GM plants. Contaminated alfalfa cannot be recalled from the environment. The liability burden can follow the grower for decades. Farmers must be made aware of the danger of being sued before they plant GM crops (especially alfalfa because it is used for cattle feed and will affect dairy farmers).

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