hi again Patrick,
just completed planting another batch myself. yeesh but its humid today, the contract sounds well and good, and i dont mean to give you any grief over it but i think you're headed down the wrong road with this. as a buyer of seeds, i for one would never sign anything that limited me in any way whatsoever. you may find most people are the same way, but i suppose you may find those that will buy and sign, but you had better have the bonafides on hand to show people that this particular strain is so cold tolerant that you guarantee if the tree dies, you'll replace it, at no cost whatsoever to the customer.
its like buying land and not getting the mineral rights to it. (just my opinion here), i'd not purchase any land where exxon could come in and say hey, we've learned from satellite imagery that there are 30 trillion gallons of oil under your land so we're taking it.
or selling a gun to someone and saying you can only hunt on every other tuesday. to be honest, if i buy something, no one is going to tell me what i can or cannot do with it (i'll keep it within the frame of the law myself).
the biggest issue i see with it is enforcement though. how in the world are you going to visit each and every customer, say you sold 100 seeds to fred, are you going to visit him each year and ensures he only has 100 trees? search the country records to find if he's purchased other land, go to the land and inspect it to see if he had planted seeds from plants that came from the seeds he first bought from you?
Microsoft has the ability to pre-program their software to find out if you have a registered copy. the city and county and state have the ability to catch you speeding, or drunk driving or any of the other various laws you can break.
i dont see how you expect to enforce, or even could consider restraining trade on someone you sell products to.
protecting your investment is one thing, but restraint of trade is another. why do you think people will buy your seeds? to plant them? or make biodiesel from them? you can tell which they will do by the amount they order, or guess anyhow, if they order 30,000 seeds, its probably to make biodiesel. but then again, it could be to plant 25 acres with.
i truly do like your idea but i think its going to be impossible to get the customer to sign anything restricting what he can or cant do, unless your particular strain of JC is so cold tolerant, and by far exceeds the expected 47% oil content, and has a germination rate of 97% or better. all of which is guaranteed of course, in writing, with you willing to replace trees killed by frost, replace trees with less oil and seeds that do not germinate.
I think you may have much more sucess growing the trees and either selling the seeds to a bioreactor plant to turn into biodiesel. or just sell them outright to people wanting to start their own farms.
i realize i could be wrong, you may be a geneteiist (spelling?) and can do some or most of the above recommendations. I try my best to keep an open mind, the only way I would buy from a seller with those kinds of restrictions would be with the guarantees. otherwise, i can get a metric ton of seeds for 260 bucks plus shipping from India, and those are like 7th generation or better so the hardiness is already proven.
best of luck with it though
Clint
South Texas Jatropha Farms. http://biodiesel.blogdrive.com/