This Agreement sets out the terms and conditions under which the Citrus Clonal Protection Program (“CCPP”) based at the University of California, Riverside and acting on behalf of The Regents of the University of California (“The Regents”) provides budwood from citrus trees in the possession of CCPP (“Budwood”) to support the citrus industry and citrus research. By ordering and accepting Budwood from CCPP, you agree to the terms and conditions set out below.

Release dates: CCPP will cut Budwood three times each year in the winter, early summer and fall. Normally, CCPP will ship Budwood immediately after cutting and will remove all leaves. Leafy cuttings are only available for the Meyer lemon through the Improved Meyer Lemon Certification Program. CCPP will determine Budwood cutting dates yearly based upon current environmental conditions. Approximately one month prior to each budwood cutting, CCPP will issue a letter announcing the coming bud cut to all interested nurserymen and growers in California. If you would like to receive this announcement, please contact the CCPP at the address given below and ask to be placed on the mailing list. CCPP will also announce the dates for proposed Budwood cutting on its website (http://www.ccpp.ucr.edu). CCPP reserves the right to cancel or reschedule any announced budwood cut.

Availability: If Budwood orders exceed availability, CCPP will distribute the Budwood by a pro-rated system. However, if CCPP determines, in its sole discretion, that insufficient Budwood is available to provide a minimum supply for all orders, CCPP may elect not to distribute Budwood.

Release is “Conditional”: All Budwood released by the CCPP will, of necessity, be "Conditional." "Conditional" means that if CCPP notifies you in writing that a registered CCPP Foundation tree from which Budwood was collected tests positive for tristeza or any other known disease in subsequent testing, you WILL DESTROY all trees propagated using this Budwood within 15 days of receiving notice from CCPP to this effect, and inform CCPP in writing (at the address provided below) within 15 days after such notice that the that you have done so. CCPP will replace, free of charge, such Budwood with comparable Budwood from trees that have tested negative for the disease. CCPP regrets any inconvenience or hardship caused by this requirement, but has instituted this policy for the protection and the future security of California’s citrus industry.

Ordering: For Foundation Budwood, a minimum order of 12 buds per variety is required, with a minimum total order of 36 buds per order. For Early Release Budwood a maximum of 12 buds per variety may be ordered, subject to availability. Budwood should be ordered using the forms (see bottom of this page) available at the CCPP website (http://www.ccpp.ucr.edu) and returned by fax or mail to:

Citrus Clonal Protection Program
Attn: Budwood Order
Department of Plant Pathology & Microbiology
University of California
Riverside, CA 92521
U.S.A.

FAX orders will be accepted at: (951) 686-5612

CCPP reserves the right to refuse Budwood orders from customers who are late or delinquent in payment of past invoices.

Costs:
California Customers: Budwood supplied is subject to a $0.75 per bud service fee, with a minimum order (in the case of Foundation Budwood) of $27.00 (36 buds) plus any associated shipping and handling charges.

Non-California Customers: The CCPP exists primarily to support the California citrus industry. Requestors from interstate or overseas needing small amounts of budwood are encouraged to first contact the USDA-ARS National Clonal Germplasm Repository for Citrus & Dates (NCGR), which has the specific mission of supporting qualified research and certification programs and other parties with small quantities of pathogen-tested materials. The Repository may be contacted via e-mail at: riv@ars-grin.gov or telephone: ++ 951-827-4399. Under certain circumstances where USDA-ARS NCGR cannot fulfill the request CCPP will consider orders from outside of California.

Budwood from CCPP is available to growers outside of California if these requests do not conflict with the needs of California nurseries and growers. The costs and conditions of these releases differ from that for California growers. The cost per bud is $2.50 with a minimum of 12 buds per selection and a minimum combined total of 36 buds ($90.00) for any one order. The purchaser must also arrange for all necessary importation permits for the receiving state or country and must pay all shipping costs and any fees associated with issuing Phytosanitary Certificates, if required. For additional information, please contact CCPP.

Unless explicitly stated on the invoice included with the Budwood, the transfer of Budwood to you under this Agreement does not transfer title to the Budwood to you.

Invoicing and Payment: Due to potential limitations on Budwood availability (as noted above,) CCPP will invoice you after Budwood has been delivered. Please do not enclose remittance with your order. Payment terms and instructions will be included with the invoice.

No implied license: SUPPLY OF BUDWOOD BY CCPP CONVEYS NO RIGHTS, EITHER EXPRESSLY OR BY IMPLICATION TO ANY PLANT PATENT, UTILITY PATENT, OR PLANT VARIETY PROTECTION RIGHT CLAIMING SUCH BUDWOOD OWNED OR CONTROLLED BY THE REGENTS, OR TO ANY TRADEMARK OR OTHER PROPIRETARY RIGHT OF THE REGENTS, EXCEPT AS SET FORTH IN A TEST AGREEMENT OR LICENSE AGREEMENT WITH THE REGENT COVERING THAT BUDWOOD.

The following LIMITED WARRANTY applies to all materials supplied to you:

YOU AGREE THAT ALL BUDWOOD IS PROVIDED "AS IS" AND "WITH ALL FAULTS."

AS TO REGISTERED MATERIAL, CCPP HAS ATTEMPTED TO LOCATE AND IDENTIFY BUDWOOD WHICH IS TRUE TO TYPE AND WHICH HAS TESTED NEGATIVE ON SPECIFIC VIRUS INDICATORS. THE REGENTS MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING BUDWOOD SUPPLIED HEREUNDER.

THE REGENTS DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY FURTHER OBLIGATION OR LIABILITY ON THE PART OF THE REGENTS. THE REGENTS FURTHER DISCLAIMS LIABILITY FOR ANY LOSS OR DAMAGE, CONSEQUENTIAL OR OTHERWISE, RESULTING FROM DAMAGED OR DEFECTIVE BUDWOOD.

THE REGENTS IS NOT RESPONSIBLE FOR ANY LOSS SUSTAINED BY REASON OF DEFECTS OR PROBLEMS DEVELOPED OR DISCOVERED AFTER THE BUDWOOD SUPPLIED HEREUNDER HAVE MATURED. THE REGENTS IS NOT RESPONSIBLE FOR ANY LATENT DEFECT IN BUDWOOD SUPPLIED HEREUNDER. THE REGENTS IS NOT RESPONSIBLE FOR ANY GENETIC DEFECT OR OTHER DEFECT WHICH OCCURS OR BECOMES MANIFEST AFTER THE TRANSFER OF BUDWOOD OR WHICH OCCURS OR BECOMES MANIFEST IN PROGENY OF BUDWOOD SUPPLIED HEREUNDER.

IN NO CASE WILL YOU BE ENTITLED ANY REMEDY OTHER THAN A REFUND OF THE PAYMENTS MADE HEREUNDER OR, AT THE OPTION OF THE REGENTS, REPLACEMENT OF BUDWOOD.

In the event that your possession of Budwood is covered by a Test Agreement or a License Agreement with The Regents, the terms of such Test Agreement or License Agreement will control. In the absence of such a Test Agreement or License Agreement, this Agreement constitutes the entire understanding between you and CCPP related to the supply of Budwood, and supersedes all other agreements, written or oral between you and CCPP.

FOR ANY QUESTIONS RELATED TO THE SUPPLY OF BUDWOOD, PLEASE CONTACT:

Citrus Clonal Protection Program
Department of Plant Pathology & Microbiology
University of California
Riverside, CA 92521
U.S.A.

Voice: (951) 684-8580
Fax:     (951) 686-5612
Email: ccpp@ucr.edu
Web:   http://www.ccpp.ucr.edu