ASTA Publishes New Guidance on Warranties and Disclaimers in the Sale of Seed

ASTA has published the seventh edition of Summary of Law on Warranties and Disclaimers in the Sale of Seed, which can be found in the members-only section of the ASTA website under the Members Only Issue Area. This booklet, prepared by ASTA’s Legal Counsel, is an excellent tool to be used by seed company executives and their lawyers in addressing concerns about legal liability that may arise from the sale of seed.

In addition to the legal research that has gone into its preparation, the authors have drawn upon the experiences of many ASTA members over the years, and where appropriate, the Summary makes specific references to reported cases in which seed companies have been involved. The Summary seeks to present the “law of the land” as it currently stands, primarily in the context of conventional seed not produced from the use of modern biotechnology methods.

This Summary provides an overview of relevant principles of law governing liability for defective seed, with emphasis on the effective use of warranties and disclaimers. It is not intended as a substitute for consultation with a lawyer who is acquainted with a particular company’s business and with local law. Legal advice is essential to ensure that contractual warranties are effectively integrated with marketing and advertising practices. Moreover, legal counsel is necessary to ensure that the provisions of applicable state law are reviewed.

For these reasons, this Summary is intended as background education and a reference source for seed company executives and lawyers. It offers both conceptual and practical guidance about common legal issues that must be considered in the sale of seed and, in the context of a specific case, provides a starting point for the seed company’s counsel. As such, the Summary will save lawyers and their seed company clients time, money and, in some cases, the prospect of burdensome and uncertain litigation.