These general terms and conditions of sale are applicable to all product deliveries by Whitfert Pty Ltd referred to hereunder as Whitfert and shall apply unless expressly agreed otherwise in writing by Whitfert.
1. Pricing and Orders
a). Prices applicable for all orders are at delivery date unless otherwise agreed.
b). Full cleared payment for all orders must be received before delivery of the order commences.
c). Where full payment for an order is received prior to any subsequent price rise then the price for that order is fixed. A deposit or part payment of an order does not fix the price of that order unless otherwise agreed in writing.
d). Pricing and orders only apply whilst product is available.
e). With each collection a delivery docket will be provided to the carrier and only after delivery will a GST compliant Tax Invoice be provided.
2. Loading Appointments
It is the obligation of the purchaser or purchaser’s carrier to arrange a loading appointment for product/s ordered by the purchaser.
3. Over/Under Delivery
a). Whilst every effort is made to load the correct weight of product ordered by the purchaser, the purchaser is liable to pay for any excess product that may be loaded within seven (7) days of delivery/invoice date.
b). For under delivery, payment will be forwarded to the grower on completion of the total collection for the season.
4. Uncollected Product by the end of the season.
a). Any orders or partial orders not collected by August 31st shall be cancelled.
b). A full refund on the above (4a) will be forwarded to the customer by September 30th (unless subject to any prior agreement with Whitfert).
5. Storage of Blends
Subject to Condition 6, Whitfert agrees to handle and blend product with all due care. However, the purchaser acknowledges that blends require special storage conditions and the purchaser is responsible for following any advice given, whether verbal and/or written on the appropriate delivery docket with respect to any blend.
Storage of fertiliser in silos or field bins is not recommended.
6. Taxes etc
In addition to the purchase price of product delivered, Whitfert reserves the right to charge to and recover from the purchaser all government duties, taxes and charges should any relevant authority in respect of any sale or delivery of product to the purchaser impose any duties, taxes and charges.
7. Limited Warranty – Limitation of Liability
- Except as expressly agreed to the contrary, all terms, conditions, warranties, undertakings, inducements or representations, whether expressed, implied, statutory or otherwise, relating in any way to the product or to this order, are excluded and without limiting the generality of the foregoing, Whitfert shall not be under any liability to the purchaser in respect of any loss or damage (including consequential loss or damage), however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the product or the failure or omission on the part of Whitfert to comply with its obligations under this Order.
- Where any act, statute, code or legislative enactment (“Act”) implies in this Order any term, condition or warranty, and the Act avoids or prohibits provisions in a contract excluding or modifying the application of, or excessive of, or liability under such term, condition or Act, the liability of Whitfert for any breach of such term, condition or warranty shall be limited, at the option of Whitfert to any one or more of the following:
i) If the breach relates to product:
♦ the replacement of the product or the supply of equivalent product;
♦ the payment of the cost of replacing the product or of acquiring equivalent product; or
♦ if the breach relates to services:
• the supplying of services again; or
• the payment of the cost of having the services supplied again.
ii) The purchaser warrants that, in deciding to order product it has not relied on any representation made by Whitfert or any of its employees or agents which has not been stated expressly in this Order nor upon any description, illustration or specification contained in any document including any catalogue or publicity material produced or delivered by Whitfert.
iii) Subject to these terms and conditions Whitfert warrants that the product shall be free of defects. Any claim that a product is defective shall be communicated promptly to Whitfert. The purchaser shall make the allegedly defective product immediately available for inspection. If the purchaser’s complaint is found to be justified, Whitfert will replace the product or issue a credit at its option.
8. Title and Risk
Title to the product passes to the purchaser upon receipt of the total price payable in respect of the relevant delivery. The purchase price includes insurance up until the product is collected from Whitfert storage. Risk in the product passes to the purchaser at the time of delivery.
9. Force Majeure
Whitfert shall not be liable to the purchaser in event of non-fulfilment of the Order whether by Act of God, disease, strike, lockouts, war, fire or any accident or incident of any nature whatever beyond the reasonable control of what Whitfert considers disadvantageous to it or not. If the delay or failure continues for longer than three (3) months either party may thereafter terminate the Order by notice in writing and on such termination Whitfert shall refund any monies paid on account to the purchaser.
PRIVACY POLICY
Your privacy is important to Whitfert Pty Ltd. Our policy is to abide by the National Principles contained in the Commonwealth Privacy Act 1988. This policy requires that Whitfert Pty Ltd respects the confidentiality of information and the privacy of individuals. Whitfert Pty Ltd is committed to being open about how we use personal information disclosed and confirm any personal information disclosed to us is for the sole purpose of supplying products and services to you.