Sec. 17. (a) A buyer that seeks to assert a claim under this chapter shall invoke arbitration under this chapter by filing a sworn complaint with the commissioner together with a filing fee of one hundred dollars ($100). The buyer shall serve a copy of the complaint upon the seller by certified mail.

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Terms Used In Indiana Code 15-15-5-17

  • arbitration: refers to arbitration conducted under this chapter. See Indiana Code 15-15-5-4
  • buyer: means a buyer of:

    Indiana Code 15-15-5-5

  • commissioner: refers to the state seed commissioner. See Indiana Code 15-15-5-6
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • seller: refers to a seller of:

    Indiana Code 15-15-5-8

     (b) Except in the case of seed that has not been planted, the claim shall be filed within a reasonable time after the alleged defect or violation becomes apparent so as to permit effective inspection of:

(1) the crops or plants under field conditions; or

(2) the grain harvested from the crops or plants.

     (c) Notwithstanding subsection (b), a claim must be filed not later than ninety (90) days after completion of the harvest of the crop of the seed at issue.

[Pre-2008 Recodification Citation: 15-4-11-14.]

As added by P.L.2-2008, SEC.6.

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