Shrink-wrap, click-wrap and signed SMTAs

When two people come to an agreement, there has to be a way of showing that they agree. "Shrink-wrap", "Click-wrap" and "Signed" are just the names of the three different ways we are allowed to use to indicate acceptance of the SMTA. The "Shrink-wrap SMTA" Under a "shrink-wrap agreement", no one signs anything. The very act of receiving and opening a shipment of seed constitutes acceptance of the SMTA. When using the shrink-wrap form of the SMTA, you won't even find a place to sign. (Well not quite ... there is a place to sign in annex 4 - but be careful! When you sign there, you are not signing acceptance of the SMTA; you are signing that you opt for the alternative method of making payments to the Governing Body) Using a shrink-wrap agreement is like buying a CD with software on it - you don't have to sign a contract with Microsoft when you buy a CD containing Microsoft Windows, but you are still legally obliged to comply with the Microsoft contract. The very act of unwrapping the CD and installing the software means you agree to the terms of the contract. It is the same with the shrink-wrap SMTA. To ensure that a shrink-wrap agreement is legally enforceable, we are required to follow a specific 6-step process. One of the key elements of the process is that you have to tell us in writing that you accept the SMTA before we can send you the seed. The "Click-wrap SMTA" A "click-wrap SMTA" is useable only in an on-line ordering system; you select the germplasm you need online, but before you can submit the order, you have to click a button that says "I accept". It's like installing software that you download: you have to click a button that says you accept the terms and conditions of using the software before the software can be installed. Like the shrink-wrap form, if you use this version you won't find a place to sign the MTA. The "signed SMTA" A "signed SMTA" is a traditional printed contract that has to be signed by both sides before the shipment can proceed. Which version should we use? At the moment, IRRI does not have an online ordering system, and therefore we cannot use the click-wrap version. We prefer not to use the signed version, because the need for both sides to sign before we can ship the material introduces significant additional delays and overheads. Therefore, IRRI prefers the shrink-wrap version, because it is the easiest, quickest and least bureaucratic method available to us. That's the version we will use by default, unless you tell us otherwise. However, if you need to use the signed version, just let us know and we'll do it.