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Terms & Conditions

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1. INTRODUCTION


a. Aussie Farm Supplies, including subsidiaries and affiliates to this site (this includes the ‘website’ and the ‘website owners’) provides the information contained on this website or any of the pages comprising the website ("website") to visitors ("visitors") (cumulatively referred to as "the customers” or "they" hereinafter) subject to the terms and conditions set out in these website terms and conditions, the privacy policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section of this website.

2. INFORMATION ON WEBSITE


a. Whilst every effort is made to update the information contained on this website, neither Aussie Farm Supplies nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. Aussie Farm Supplies reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. Although every effort is made to ensure information is as accurate as possible visitors rely on the information contained on this website at their own risk.

3. TRADEMARKS


a. The trademarks, names, logos and service marks (collectively "trade marks") displayed on this website are registered and unregistered trademarks of the Website Owner. Nothing contained on this website should be construed as granting any license or right to use any trade mark without the prior written permission of Aussie Farm Supplies.

4. EXTERNAL LINKS

a. External links maybe provided for a customers convenience, but they are beyond the control of Aussie Farm Supplies and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at their own risk. When visiting external links customers must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by customers or otherwise to this website without the express prior written permission of Aussie Farm Supplies.

5. PUBLIC FORUMS AND USER SUBMISSIONS


a. Aussie Farm Supplies is not responsible for any material submitted to the public areas by customers (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website). Any material (whether submitted by a customer or any other user) is not endorsed, reviewed or approved by Aussie Farm Supplies. Aussie Farm Supplies reserves the right to remove any material submitted or posted by customers in the public areas, without notice to customers, if it becomes aware and determines, in its sole and absolute discretion that there is or there is the likelihood that it may, include but not limited to -
i. defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
ii. publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
iii. post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Website Owner's and/or a third party's computer system and/or network;
iv. violate any copyright, trade mark, other applicable Australian or international laws or intellectual property rights of the Website Owner or any other third party;
v. submit contents containing marketing or promotional material which is intended to solicit business

6. SPECIFIC USE


a. Customers further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify Aussie Farm Supplies against any loss, liability, damage or expense of whatever nature which Aussie Farm Supplies or any third party may suffer which is caused by or attributable to, whether directly or indirectly, a customers use of the website to send or post any such message or material.

7. DISCLAIMR OF LIABILITY


a. Aussie Farm Supplies shall not be responsible for damage or fault in performance arising out of incorrect or inappropriate operation of the product by the customer.  The customer acknowledges that Aussie Farm Supplies gives no warranty as to fitness of the product for the intended application of the customer and that the customer has relied entirely upon their own evaluation.
b. Except as expressly provided to the contrary in this agreement, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise relating in any way to the product are excluded.  To the extent permitted by law, Aussie Farm Supplies is hereby excused from all liability for any form of loss or damages whether incidental, special, consequential, general or otherwise arising out of any breach by or fault on the part of Aussie Farm Supplies under or in connection with the supply of the product any defect or alleged defect in the product or any negligent act or omission breach of contract or howsoever. To the extent that the product or any component part thereof is supplied to Aussie Farm Supplies by a third party the warranty offered by Aussie Farm Supplies in relation to the product or the component part thereof (as applicable) shall be limited to Aussie Farm Supplies right of redress if any against the third party supplier arising out of any alleged fault/defect in the product or component part thereof.
c. The terms and conditions in this agreement that purport to exclude or limit Aussie Farm Supplies liability shall apply to the extent permitted by Law.  Provisions of the Competition and Consumers Act 2010 (as amended) and other statutes which are relevant and in force in Australia may imply warranties or conditions or impose obligations upon Aussie Farm Supplies that cannot be excluded, restricted or modified except to a limited extent.  If any such statutory provisions apply then, to the extent to which Aussie Farm Supplies is entitled thereunder to do so, its liability under those statutory provisions shall be limited at the option of Aussie Farm Supplies.
d. The customer warrants that it has not relied on any representation made by Aussie Farm Supplies which has not been stated expressly in this agreement or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material supplied by Aussie Farm Supplies

8. USE OF THE WESITE


a. Price
i. Unless otherwise stated all prices quoted are exclusive of freight delivery costs, insurance and other charges in relation to the transfer of the product from the premises of Aussie Farm Supplies to the location designated by the customer. All such charges shall be payable by the customer.
ii. Unless otherwise agreed in writing Aussie Farm Supplies reserves the right to vary all prices without notification.

b. Risk
i. The risk associated in the product shall pass to the customer upon the product being allocated to this agreement  (“Allocation”) by Aussie Farm Supplies or its third party supplier it applicable (“the supplier”). 

ii. All transit/carriage of the product after allocation shall be at the customers risk whether from Aussie Farm Supplies to the customer or the supplier to Aussie Farm Supplies or the supplier to the customer.
iii. From the time of passing of risk if the customer has not taken appropriate insurance for the item its safe delivery is at their own risk.

c. Payment  
i. Aussie Farm Supplies only offers Paypal as its method of payment, unless a prior agreement has been made with Aussie farm supplies.
ii. It is acknowledged any failure or delay by the customer in making payment will result in the purchase agreement being void.

d. Delivery delay
i. Every endeavour will be made by Aussie Farm Supplies to complete delivery within the set period, if any, but no liability can be accepted by Aussie Farm Supplies for delay in delivery or non delivery.

e. Title transfer
i.  Not withstanding that the risk in the product may have passed to the customer, the title shall remain with Aussie Farm Supplies until payment has been received in full.

f. Examination of goods
i. The customer is responsible for immediate examination of the product upon delivery and any deficiency or damage thereof must be reported to Aussie Farm Supplies in writing (email is sufficient) within 7 days of delivery otherwise no claim for such damage or deficiency shall be considered.

g. Returns
i. No product may be returned to Aussie Farm Supplies nor credit allowed for such return without the prior approval of Aussie Farm Supplies
ii. Any application by the customer to return goods and receive a credit shall be in writing and shall state the reason for the return and the action requested by the customer on the part of Aussie Farm Supplies
iii. Products wrongly ordered by the customer and accepted for return by Aussie Farm Supplies shall be subject to a 15% restocking fee. These products must be unopened, unused and still of resalable condition otherwise return will be revoked. The customer also forfeits previous postage paid and is liable for the total cost of return postage to Aussie Farm Supplies.
i. Aussie Farm Supplies will offer a remedy if the product is genuinely faulty under the Competition And Consumer Act 2010.  Such remedies will include any of the following:
1. If the breach relates to goods:
a. The replacement of the goods or the supply of equivalent goods;
or
b. The repair of such goods; 
or
c. The payment of the cost of having the goods repaired; or
 

2. If the breach relates to services: 

a. The supplying of the services again; or 

b. The payment of the cost of having the services supplied again. 
 

h. Warranty
i. Products will be covered under the manufacturers warranty and Aussies Farm Supplies will not supply any additional warranty with regards to these products.
ii. Aussie Farm Supplies will endeavour to follow through with any warranty claims on such products.

i. Location limits
i. Customers must be aware that certain products cannot be freighted to certain locations. These limitations will be specified in the item description.  Unfortunately if a customer in these areas fail to see this information and continue to purchase a product they will have their money refunded back to their account and the purchase will be void.
ii. Aussie Farm Supplies also regrets that due to the high freight cost involved we will not supply products to customers outside of Australia.

9. THE WEBSITE


a. Entire agreement
i. These website terms and conditions constitute the sole record of the agreement between the customer and Aussie Farm Supplies in relation to the use of the website. Neither the customer nor Aussie Farm Supplies shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between the customer and Aussie Farm Supplies in respect to their use of the website.

b. Alteration
i. Aussie Farm Supplies may at any time modify any relevant terms and conditions, policies or notices. The customer acknowledges that by visiting the website, they shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. They shall be responsible for reviewing the then current version each time you visit the website.

c. Cession.
i. Aussie Farm Supplies shall be entitled to surrender, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.

d. Severability.
i. All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

e. Applicable laws.
i. Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Australia without giving effect to any principles of conflict of law. Customers hereby consent to the exclusive jurisdiction of Australia in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.