Terms of Trade
1 GENERAL
1.1 - All products and services provided to you by Farmers Friend Limited are on the basis set out in these terms unless otherwise agreed in writing.
1.2 - Farmers Friend may vary these terms from time to time by giving one month’s written notice to you. Any varied terms will also be posted on the Farmers Friend website at www.farmersfriend.co.nz. Any varied terms will apply to the provision of all goods and services you order after the notice period referred to above.
1.3 - Nothing in these terms requires Farmers Friend to provide any products and services to you, and Farmers Friend may cancel any order you make by notice in writing to you.
1.4 - If you are a company and your directors have previously guaranteed your obligations to Farmers Friend in relation to products and services supplied by Farmers Friend, the guarantee will continue in full force and effect.
2 SUPPLY OF PRODUCTS AND SERVICES
2.1 - Farmers Friend will use its reasonable skill, care and effort in supplying all products and services to you, using resources reasonably available to Farmers Friend, and will use its reasonable efforts to supply all products and services by any agreed delivery date(s) in a timely and efficient manner. However, Farmers Friend will not be liable for any delay or non-performance in supplying products or services to you, including where there are delays in cartage.
2.2 - You must satisfy yourself as to the suitability for your intended purposes of all products and services supplied by Farmers Friend to you.
2.3 - Farmers Friend may deliver up to 2% more or less than the amount of any product ordered by you (subject to an appropriate adjustment to the price payable).
2.4 - Delivery of all products is deemed to be completed when Farmers Friend has delivered the products to you directly or to a carrier nominated by or acceptable to you.
2.5 - Within 7 days from delivery of any products or the performance of any services being completed, you must inspect the products and performance of the services and notify Farmers Friend of any damage to or defect in the products or performance of the services.
2.6 - Risk in respect of all products supplied to you by Farmers Friend will pass to you when delivery of the products is deemed to have been completed in accordance with clause 2.4.
2.7 - Title to all products supplied to you by Farmers Friend will not pass on delivery, but will remain with Farmers Friend until full payment of all monies owing in respect of such products pursuant to clause 4 has been made, and until title passes you will hold such products as Farmers Friends bailee and so that the products can be separately identified from all other products held by you.
2.8 - Products supplied to you may only be returned to Farmers Friend with Farmers Friend's prior written consent (and provided you have notified Farmers Friend within 7 days of delivery of the products to you).Farmers Friend may charge you a fee for delivery, return and handling where there is no material defect in the product returned.
3 ORDERS AND QUOTES
3.1 - You may not cancel any order for products or services (whether fully or in part) without Farmers Friend’s consent in its sole discretion.
3.2 -Farmers Friend may withdraw any quote before it is accepted by you, and in any event any quote will lapse without notice at the end of the day on which the quote is given unless otherwise stated.
4 PRICE
4.1 - The price for all products and services will be either as quoted by Farmers Friend to you or at Farmers Friend standard charges for products and services applying at the time of despatch or performance. Prices are available at www.farmersfriend.co.nz or by calling 020 402 777 19
4.2 - All prices for products and services set out in Farmers Friend's quote or pricelist (as applicable) exclude GST and freight charges except as expressly stated otherwise, which are payable by you at the same time as the price for the products and services.
5 PAYMENT
5.1 - Payment for all products and services is due on the the date as per the Invoice issued by Farmers Friend, unless other payment terms have been arranged with Farmers Friend.
5.2 - Without prejudice to any of Farmers Friend's other rights or remedies, in the event of late payment or non-payment or any other breach of these terms by you,Farmers Friend may:
(a) suspend or terminate any credit facility made available to you (at which time all amounts owed by you to Farmers Friend will become immediately due and payable);
(b) recover from you all costs incurred by Farmers Friend arising from such breach (including legal costs and costs of recovery of unpaid amounts); and/or
(c) charge interest to you at a rate equal to 2.5% per month on any monies outstanding, both before and after judgment, from the due date until the date of payment. Interest will be payable on demand.
5.3 - You agree that Farmers Friend reserves the right to withdraw credit at any time.
5.4 - You agree that Farmers Friend has the right to make immediate formal demand of all monies owing to Farmers Friend on any account whatsoever should there be any default in payment of any monies owing to Farmers Friend.
6 WARRANTIES AND LIABILITY
6.1 - Because Farmers Friend does not have knowledge of your specific use of all products and services provided by Farmers Friend to you, except for any written warranties given by Farmers Friend to you, all warranties and representations (including those expressed or implied by law) in respect of products and services provided are excluded to the extent permitted by law.
6.2 - Notwithstanding any other provision of these terms, in no event will Farmers Friend be liable, whether in contract, tort or otherwise:
(a) where you have altered or modified any products, mis-applied any products or subjected any products to any unusual or non-recommended use, service or handling;
(b) where any products are not transported, stored, handled or used in accordance with any directions given by Farmers Friend to you;
(c) where the terms of any written warranty have not been complied with;
(d) for loss or damage caused by any factors beyond Farmers Friend's control; or
(e) for any loss of profit or revenue, or for any special, indirect, incidental or consequential damage, loss or injury of any kind suffered by you.
6.3 - Notwithstanding any other provision of these terms, Farmers Friend's maximum liability to you (in the event that such liability exists) in respect of any breach of warranty, any breach of these terms or for defective products or services provided is limited at Farmers Friend's option to:
(a) replacing the products;
(b) re-performing the services; or
(c) refunding the price for the products or services paid by you.
Where Farmers Friend elects to replace any products or re-perform any services it will use reasonable endeavours to do so as soon as practicable but will not be liable for any delay in such replacement or re-performance.
6.4 - Farmers Friend you agree that all products and services supplied pursuant to these terms are for the purposes of a business and the statutory guarantees of the Consumer Guarantees Act 1993 do not apply.
7 MISCELLANEOUS
7.1 - Information: You authorise Farmers Friend to collect and hold personal information from any source Farmers Friend considers appropriate for determining creditworthiness, debt collection purposes or for any other purpose related to these terms. You further authorise Farmers Friend to disclose personal information held by Farmers Friend for the purposes set out above to any other person. You have a right of access and may request correction of personal information held by Farmers Friend about you.
7.2 - Suppliers: Where you are a “supplier” for the purposes of the Consumer Guarantees Act 1993, you will not make or allow to be made any statements or representations as to the quality, fitness for purpose or description of any products, other than those made by Farmers Friend. You indemnify Farmers Friend against any damage or loss Farmers Friend incurs as a result of any breach of this clause by you.