Terms and Conditions of Trade
1.0 ACKNOWLEDGEMENT AND ACCEPTANCE:
1.1: By use of this website and/or purchasing goods from this website, the Customer indicates that they have read, understood and agreed to these Terms and Conditions of Trade.
2.1: The expressions "products" or “goods” wherever the context permits shall be construed both as reference to each product sold by FarmTech to the Customer and also as a reference to all of the products sold by FarmTech to the Customer.
3.0 SITE PREPARATION:
3.1: The Customer shall at the Customer's expense prepare the site for installation of the product so as to satisfy the product's electrical, environmental, and any other requirements as specified by FarmTech, our suppliers, or the manufacturer.
4.1: FarmTech shall use its best endeavours to deliver the products to the Customer on or before the estimated delivery date, but FarmTech shall be under no liability whatsoever for any failure or delay in the delivery of the products.
4.2: The Customer shall not be entitled to cancel all or part of an order, or to claim any compensation by reason of failure or delay in delivery, or minor variations to the products as a result of changes to the manufacturing processes or product specifications.
4.3: Any claims for short delivery must be made to FarmTech within 48 hours of the delivery quoting the invoice number.
4.4: Any claims for non-receipt or damage must be made to FarmTech, and the relevant carrier, within 48 hours of the delivery (or intended delivery if the goods are not received), quoting the invoice number.
4.5: If the Customer fails to report as above, FarmTech may, at it’s sole discretion, reject any subsequent claims in respect of such goods. We will only replace goods at our sole discretion.
5.0 PRICES AND PAYMENT:
5.1: Our prices are subject to change without notice. The Customer will be invoiced for products at prices current at the date of invoicing.
5.2: All prices are in New Zealand Dollars and exclude GST and delivery charges, which will be included on the Customer’s invoice in addition to the price of the products. Any error or omission on our part does not waive the liability of the Customer.
5.3: Any insurances required by the Customer over and above the standard insurances incorporated in our nominated carrier’s delivery charges will be added to the Customer’s invoice at the Customer’s request.
5.4: Full payment of the Customer’s invoice shall be made to FarmTech as confirmation of order within 7 business days of the date of invoice. If we do not receive full payment within 7 business days, the invoice and contract may be cancelled at the sole discretion of FarmTech.
5.5: Goods will be dispatched to the Customer’s nominated delivery address as soon as practicable after we receive full payment.
6.0 LIMITATION OF LIABILITY:
6.1: In no event shall FarmTech be under any liability to the Customer or to any third party for any loss or damages of any kind whatsoever including without limitation loss of profit and consequential loss caused by any error, act, or omission, negligent or otherwise, by FarmTech, its servants or agents or any other persons in any way related to or arising out of the supply or non-supply or performance or non-performance of anything or any service provided for or contemplated by or in pursuance of this Agreement.
7.1: The Customer acknowledges that FarmTech passes on to the Customer only the guarantee or warranty (if any) in respect of the products given by our suppliers, or the manufacturer of the products, in terms of the written guarantee document (if any) delivered with the products, and gives no guarantee itself in respect of the products.
7.2: All warranty claims must be supported by a copy of the original invoice as proof of purchase.
7.3: Any goods subject to a warranty claim must be returned freight-paid to FarmTech, and accompanied by a detailed description of the fault or defect.
7.4: Any modification of the goods, or any unauthorised service or tampering will void all guarantees or warranties.
7.5: Any guarantee or warranty will be void if the goods have been incorrectly stored, installed, maintained, or used.
7.6: Standard service charges will apply for any inspection/assessment performed by FarmTech on any goods returned under warranty, if it is subsequently found that the goods are not faulty or defective. Any resulting charges must be paid in full before the goods will be returned to the Customer.
8.0 FITNESS FOR PURPOSE:
8.1: Should the Customer either expressly or by implication have made known to FarmTech, or to any other person, any particular purpose for which the goods are being acquired, the Customer acknowledges that he has not relied on, nor would it have been reasonable for him to have relied on, the skill or judgement of FarmTech when deciding whether the goods are reasonably fit for that purpose.
8.2: The Customer acknowledges that product models, features, and specifications are subject to change without notice, and accepts responsibility for verifying all product details when deciding whether any product is fit for their their intended purpose.
9.0 TITLE AND OWNERSHIP OF PRODUCTS:
9.1: Title to and ownership of the goods shall pass to the Customer only upon receipt by FarmTech of payment of the full purchase price, including GST and delivery charges, of the goods.
10.0 RISK AND INDEMNITY:
10.1: Notwithstanding any other terms of these conditions, the risk in the goods shall pass to the Customer upon dispatch of those goods by FarmTech to the Customer’s nominated delivery address.
11.0 STATUTORY RIGHTS:
11.1: Nothing in these conditions limits the rights the Customer has under the Consumer Guarantees Act 1993 (The “Act”) and these conditions must be read subject to those rights.
11.2: Where these conditions would otherwise be subject to the Act and the Customer is acquiring the goods for business purposes, the Customer agrees that the Act will not apply.
11.3: Subject to the foregoing, we exclude all statutory or implied conditions and warranties to the extent permitted by law.
11.4: To the extent permitted by law, we limit our liability under any condition or warranty which cannot legally be excluded to:
(a) the repair of the goods; or
(b) the payment of the cost of having the goods repaired; or
(c) the replacement of the goods or the supply of equivalent goods; or
(d) the payment of the cost of replacing the goods or of acquiring equivalent goods.
11.5: All goods dispatched by the Customer for return to FarmTech pursuant to this clause, or for any other reason, are at the Customer’s risk and any insurance against loss, damage, or other liability is the Customer’s responsibility.
11.6: The cost of freight for the return of any goods to FarmTech pursuant to this clause or for any other reason is the Customer’s responsibility.
12.0 FORCE MAJEURE:
12.1: Without prejudice to any other provision hereof, FarmTech shall not be liable for any failure to fulfil any terms of this Agreement if such fulfillment has been delayed, hindered or prevented by any circumstances whatsoever not within FarmTech's direct control including without limiting the generality of the foregoing, strikes or lock-outs, material shortages, FarmTech's suppliers failure to supply, labour disputes, war, hostilities or the threat or apprehension thereof, or compliance with any order or request of any competent government authority or department.
13.0 WHOLE AGREEMENT:
13.1: These conditions and all annexures and schedules incorporated herein by reference constitute the whole of the agreement and understanding between the parties with respect to the subject matter hereof and representations and agreements not expressly contained herein or incorporated herein by reference shall not be binding upon FarmTech as conditions, warranties or otherwise.
14.1: All conditions, warranties and representations on the part of FarmTech whether express or implied, statutory or otherwise whether collateral or antecedent hereto or otherwise with the exception of these conditions and any applicable statutory warranties and representations and any guarantee expressly referred to herein are expressly excluded.
15.1: The Customer shall not be entitled to assign the benefit of any agreement with FarmTech for the supply of goods or services without FarmTech's written consent which consent FarmTech may give or withhold in its absolute discretion.
16.1: The Customer indemnifies FarmTech against all losses, damages and expenses incurred or sustained by FarmTech as a result of the cancellation or partial cancellation of any agreement pursuant to these conditions.
17.0 APPLICABLE LAW:
17.1: These conditions shall be governed by the laws of New Zealand and the Customer agrees to submit to the jurisdiction of the Courts of New Zealand, and that any legal proceedings may be heard in those Courts.
17.2: Notwithstanding clause 17.1 above, FarmTech and the Customer hereby agree that in the event of any dispute arising from the interpretation or implementation of these conditions, both parties will endeavour to resolve any such dispute without the need for Court proceedings. Any such attempt shall be without legal prejudice.
18.0 ADDITIONS, MODIFICATIONS:
18.1: FarmTech reserves the right to make additions or modifications to it’s website and these terms and conditions without notice. All contracts or agreements between FarmTech and the Customer shall be subject to the conditions displayed on our website, or otherwise published by us, as at the date of invoicing.
19.0 ERRORS AND OMISSIONS:
19.1: Errors and omissions are exempted, and we reserve the right to correct any errors or omissions without notification.