Terms & Conditions
General Terms and Conditions of Sale and Delivery of Rijk Zwaan Australia Pty. Ltd.
Article 1 Applicability
- In these General Terms and Conditions of Sale and Delivery (Terms):
(a) The ‘seller’ means Rijk Zwaan Australia Pty Ltd ACN 054 390 902; and
(b) The‘ buyer’ means the party purchasing goods from the seller, as may be defined in the Trade Credit Account Application Form(Credit Application), any purchase order or other document utilised to order the seller’s goods(Order Form) and a reference to the buyer includes the buyer’ s successors and assigns, any legal personal representative, director, receiver, administrator or liquidator of the buyer, and if there is more than one buyer this agreement shall bind them jointly and severally.
2. These Terms apply to all orders made by the buyer to the seller and all goods and services supplied by the seller to the buyer, unless expressly otherwise agreed in writing by both parties.
3. These Terms override any terms of the buyer including any terms contained in any purchase order, and any order or purchase by the buyer after provision of these Terms constitutes full acceptance by the buyer of these Terms.
4. All notices, offers, approvals and / or other communications to be given in writing, referred to in these Terms, may also be given electronically (i.e. by e-mail).
Article 2 Offers, agreements, prices
1. Prices for goods as contained in any price list, catalogue, quotation or offer are subject to change, and placement of any order or request for purchase by the buyer does not constitute a binding agreement on the seller until the seller confirms acceptance of the order. The seller reserves the right to refuse supply at any time prior to acceptance of an order. Prices are exclusive of GST and all other taxes unless specified otherwise by the seller in writing. Prices are given in Australian Dollars. All offers and purchases are based on the Ex Works (EXW) Incoterm, as stipulated by the Incoterms® 2020, unless otherwise agreed in writing. If GST is applicable to a Taxable Supply from seller to buyer, then the buyer must also pay the amount of GST payable in respect of that Taxable Supply as an additional payment upon provision of a Tax Invoice or Adjustment Note, as the case may be. In this clause, “GST”, “Tax Invoice”, “Taxable Supply” and“ Adjustment Note” have the meanings given by the A New Tax System(Goods and Services Tax) Act 1999 (Cth).
2. The seller reserves the right to adjust its prices to take account of changes to the cost of goods and supply from the time of the quotation, or to correct any errors or omissions in any documentation. Any new price quotation supersedes the former quotation with regard to orders placed after the date of the new quotation.
3. If in an order the required quantity differs from the seller 's standard packing unit or its multiple, the seller may either refuse supply at the requested quantity or, subject to the agreement of the buyer, supply a quantity within a standard packaging unit or its multiple.
4. Given weights and numbers are net of packaging unless otherwise stated.
5. An offer made to the buyer or an agreement between the seller and the buyer does not imply and may not be interpreted by any means as an implied licence to the buyer with regard to any intellectual property on the goods offered or sold.
Article 3 Order documentation
When placing its order, or at the seller’ s first request, the buyer must specify in writing what information, specifications and documents are required pursuant to the regulations of the country or region in which the delivery is made, such as those relating to:
(a) invoicing;
(b) phytosanitary requirements;
(c) international certificates; and
(d) other import documents or import statements.
The above is not an exhaustive list. If the required information, specifications and documents are not provided or made known to the seller a reasonable time before delivery, the seller reserves their right to refuse to provide the goods as requested.
Article 4 Stock availability
All offers, sales and deliveries are subject to stock availability. In the event that the stock becomes unavailable, the seller will to the extent possible endeavour to deliver pro - rata quantities or comparable alternatives. In such a case the buyer is not entitled to any compensation whatsoever.
Article 5 Supply
1. By placing an order, the buyer expressly agrees the Incoterm EXW(Ex Works) as defined by Incoterms® 2020 shall be applicable. Delivery will take place EXW from 269 Dairy Flat Road, Musk, Victoria, Australia in accordance with Incoterms® 2020, unless otherwise agreed in writing.
2. If transportation is left to the seller, it will be executed in such a manner as deemed best by the seller. Any extra costs incurred by the seller as a result of special demands made by the buyer concerning transportation will be charged to the buyer.
3. To the extent permitted by law, given the nature of the goods, the buyer is not allowed to return goods to the seller, unless the seller gives permission thereto. The costs of possible return shipments shall be at the buyer’ s account unless otherwise agreed or subject to law.
Article 6 Delivery time and risk upon possession
1. The seller will endeavour to deliver at a reasonable time in conformity to the sowing or planting season, unless otherwise agreed in writing. Any specified delivery time is an estimate only and is not binding on the seller. In the event that a delivery is later than the specified delivery date, the buyer shall inform the seller accordingly in writing and allow the seller a reasonable period of time to fulfil the agreement.
2. Risk in the goods passes to the buyer upon the buyer’ s collection from the seller’ s specified collection point or delivery by the seller to the seller’ s specified delivery location(as applicable).
Article 7 Partial deliveries
The seller may effect partial deliveries of the goods. In the event of partial deliveries, the seller is entitled to invoice each delivery separately.
Article 8 Retention of title
1. The goods delivered by the seller and / or the products originating from the delivered goods remain the property of the seller until the buyer has paid for them in full. In case of non - payment, the buyer holds the goods only as a bailee, and the seller is allowed to recover the goods and / or products from the buyer, to which the buyer will give opportunity. The buyer does not have the right to claim any means of compensation. The retention of title is also extended to claims the seller might obtain against the buyer on account of the buyer 's failure to meet one or more of its obligations towards the seller.
2. The goods delivered by the seller and / or the products originating from the delivered goods to which the retention of title pursuant to paragraph 1 of this article applies:
(a) shall at all times be stored and / or used in such a way that the goods and / or products can be easily identified as the seller’ s property; and
(b) may only be used or sold for normal operational purposes. In the event of resale the buyer shall stipulate a retention of title for the benefit of the seller, and hold on trust any proceeds of that on – supply for the seller. The buyer shall furthermore impose on a buying party the obligations as stipulated in this Article 8.
3. The buyer is not permitted to pledge the goods or to allow any other claim or security interest on them except as the seller authorises in writing.
Article 9 Terms of Payment
1. The buyer shall pay for the goods on a cash in advance basis unless the buyer applies for and is granted a 30 - day trade credit account by the seller in which case the invoice amount shall be charged to the buyer’ s credit account, payment shall then be due in accordance with the applicable credit account conditions. The seller reserves the right to refuse applications for a 30 - day trade credit account.
2. In case the buyer is granted a 30 - day trade credit account by the seller, the buyer, in exceeding the payment term specified in the applicable credit account conditions, is automatically in default and owes interest to the seller on the overdue amount at the rate of 1 % per month as of the moment the default commences. During the default the seller reserves the right to stop further deliveries to the buyer.
3. In the event of liquidation or bankruptcy or suspension of payment by the buyer, payments fall due immediately and the seller is authorised to suspend or cancel any agreement with the buyer, without prejudice to the seller 's right to seek compensation or any other legal remedy.
4. If payment instalments were agreed upon and the buyer defaults on one term, the full remaining amount will fall due immediately and without further notice. The interest as mentioned in paragraph 2 of this article will be applicable accordingly.
Article 10 Debt collection charges and set-off
If the buyer defaults on one or more of its obligations, the buyer will be liable for and indemnifies the seller against, all costs incurred by the buyer in recovering outstanding amounts including legal costs on an indemnity basis. The seller may also deduct from amounts otherwise payable to the buyer any amount which is owed or may become owing to the buyer under any other agreement or any claim which the seller reasonably considers it has against the buyer.
Article 11 Liability
1. In the event that, in the seller’ s opinion, a complaint by the buyer is justified, the seller shall, to the extent possible and at its sole discretion and costs, either make good the damage or replace the goods with non - defective goods. The buyer shall in that event give its full cooperation to the seller. The buyer is under the obligation to limit as much as possible the damages regarding the delivered goods for which they file a complaint before the seller.
2. The seller shall not be liable for damage suffered by the buyer caused by or otherwise related to defective goods, including their packaging unless (and then only to the extent) such damage is the result of wilful misconduct or gross negligence on the part of the seller and / or its employees.
3. Where permitted by law, if the seller is liable for any damage incurred by the buyer, the seller’ s liability shall be limited to the net purchase price excluding GST of the goods concerned, as charged to the buyer by invoice. The seller shall in any event not be liable for any indirect damage suffered by the buyer such as(but not limited to) consequential damage, trading loss, loss of profits, personal injury, and / or loss of opportunity arising in any way out of the goods, and without limiting the generality of the foregoing the seller is not subject to, and the buyer releases the seller from, any liability because of , inter alia, any delay in delivery or fault or defect in the goods, fair wear and tear, negligent act or omission, improper use, operation, storage or handling of the goods by the buyer other than in accordance with any instructions supplied with the goods.
4. A refund or resupply will not be made by the seller to the buyer if the fault or damage to the goods which has made them of unacceptable quality has been caused by an accident, neglect or abnormal use by the buyer or a third party or if the buyer failed to take reasonable steps to prevent the goods from becoming of unacceptable quality.
5. The seller shall furthermore in any event not be liable for damage caused by an alleged delay in the delivery of the goods.
6. Any potential claim based on these Terms shall expire if such claim has not been issued to the seller in writing within one (1) year after the delivery of the goods.
7. Where a buyer is a ‘consumer’ for the purposes of the Australian Consumer Law(‘ACL’), goods are sold with consumer guarantees prescribed by the Competition and Consumer Act 2010(Cth)(CCA).
8. If any condition or warranty is implied into this agreement under the CCA or any equivalent State or Territory legislation and cannot be excluded, provided the goods are not acquired predominantly for personal, domestic or household use, then the seller’ s liability is limited to the re - supply of the goods or the supply of equivalent goods; or the repair of the goods or the payment of the cost of replacing the goods, acquiring equivalent goods, or having the goods repaired. The buyer shall not be entitled to any consequential loss as a result of a failure of the seller to meet any such prescribed consumer guarantees.
9. Nothing in these Terms is to be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied or expressly provided by law and which by law cannot be excluded, restricted or modified, including any condition, warranty, guarantee right or remedy expressly or impliedly provided by Schedule 2 of the CCA, known as the ACL.
Article 12 Use and warranty
1. The buyer warrants they have exercised independent skill and judgment in making any request or offer for goods, providing any specifications for goods and in deciding to purchase the goods.
2. With regard to Article 3, the buyer is solely liable for ensuring the goods meet any legislative requirements and safety standards within the country, State or Territory the buyer is purchasing from, and having the goods delivered to.
3. If the CCA and / or equivalent legislation does not imply any condition or warranty into these Terms, the seller warrants to the best of its knowledge that the goods to be delivered by the seller have been labelled as required by applicable law and conform to their respective label descriptions. No warranty applies to any other product specifications, including, without limitation, the Euroseeds product specifications for vegetable precision seeds. The seller does not guarantee that the goods delivered by the seller to the buyer meet the purpose that the buyer has given to them.
4. All data with regard to quality and health provided by the seller in writing are exclusively based on reproducible tests performed on representative samples. These data indicate only the result as it is obtained by the seller at the time of the execution of the tests and for the circumstances that applied to the tests. No direct relation may be assumed between the data as provided and the result obtained by the buyer. The buyer expressly acknowledges that the result obtained by the buyer, including but not limited to the occurrence of diseases and pests which were not detected by the seller on or in the delivered goods at the time of the sale, depends amongst others on the location, cultivation measures and the manner of cultivation, for example, the sowing medium used, soil conditions and / or the climatic circumstances. The buyer is solely responsible for, assumes the risk of , and releases and indemnifies the seller against all costs, losses, expenses, damages, liability, delay or disruptions, injury or death suffered or incurred arising in any way connected with the conditions of any site at which the goods are to be stored, sowed, planted or otherwise consumed or utilised.
5. The buyer warrants that they have satisfied themselves as to their particular requirements of any goods. Any and all guarantees on the part of the seller lapse if the buyer alters, treats or carries out processes on the goods, repackages the goods or causes them to be repackaged, or uses and / or stores the goods incorrectly or causes them to be used and / or stored incorrectly or otherwise contrary to any instructions provided by the seller.
6. The seller does not guarantee in any way that the use, sale, transfer, production or any other possible act involving the delivered goods and / or the use sale, transfer, production or any other possible act involving the goods arising from the delivered goods does not infringe any (intellectual property) rights of third parties.
7. The buyer explicitly acknowledges that the goods delivered by the seller are not suitable to be used for food, feed and sprouting purposes and should not be used for these purposes.
Article 13 Seed treatment at the request of the buyer
1. In the event the goods, at request of the buyer, are being treated by or on behalf of the seller for the benefit of the buyer, the seller does not provide any guarantee regarding the effectiveness and / or consequences of such treatment. The seller shall not be liable for and the buyer releases the seller from and indemnifies the seller against any costs, loss, damages or claims resulting from treatment of the goods in accordance with this Article including but not limited to indirect and consequential losses such as loss of opportunity damages, damage to other property or goods, personal injury or death.
2. If the seller can nevertheless be held liable for any damages resulting from a treatment in accordance with Article 13, the liability of the seller shall be limited (to the extent permitted by law) to the replacement of the goods or crediting the invoice related to the goods. Test results and data concerning the goods, such as germination results, are based on tests executed prior to the requested treatment.
Article 14 Defects, complaints terms
1. The buyer shall examine the goods on, or as soon as possible after, delivery and shall inform the seller within a reasonable time, not more than 8 days after delivery in case the correct goods have not been delivered and / or the agreed quantity has not been delivered or there is any other fault in the supply.
2. Complaints concerning apparent defects to the goods, including their packaging, must be reported to the seller in writing within a reasonable time after the date of delivery of the goods to the buyer. Complaints concerning alleged non - apparent or hidden defects to the goods, including their packaging, must be reported to the seller in writing within eight days of the date on which the alleged defect concerned was or could reasonably have been discovered by the buyer. Complaints have to be set out in such a manner that the seller or a third party can verify them. The batch, delivery and invoice details have to be specified. The buyer should also indicate under which circumstances the goods have been used and, in case of resale, to whom the goods have been resold. To the extent permitted by law, in the event that any complaint is not reported to the seller in writing within the stated period, the complaint will not be dealt with and the buyer will lose all rights to obtain any form of recovery, including damages.
3. In the event of dispute between the parties about germination, trueness to type, varietal purity, technical purity or health which cannot otherwise be resolved within a reasonable time of notice by either party as to such matters, an assessment may be performed at the request of either party by the Naktuinbouw (ISTA station), in Roelofarendsveen, The Netherlands, or by another objective and independent body as agreed upon by the buyer and the seller, for the account of the unsuccessful party. The sample for this assessment will be taken at the seller’ s premises. In case ofa dispute about health, application of ISHI (International Seed Health Initiative) accepted methods is preferred. The outcome of the assessment will be binding on both parties, notwithstanding the right of parties concerned to submit to the authorities referred to in article 21 any disputes about the consequences of this outcome.
4. Complaints concerning an invoice of the seller must be submitted to the seller in writing within fourteen days after the date of invoice. Submitting a complaint does not give the buyer any right to suspend payment of the invoice concerned.
Article 15 Indemnification
1. The buyer indemnifies the seller against all claims and rights from third parties for compensation for damage(allegedly) caused by, or otherwise associated with, goods supplied by the seller, including claims and rights which have been submitted against the seller in its capacity as producer of the goods on the basis of any regulations relating to product liability in whatever country, except if said damage is due to gross negligence on the part of the seller.
2. The buyer shall take out sufficient insurance for at least $20,000,000 with a reputable insurer against all possible claims and liabilities emanating from the indemnity given in Article 15 and throughout these Terms. At first request of the seller, the insurance shall be submitted to the seller for its approval.
Article 16 Cultivation recommendations, advice, and variety descriptions
1. With regard to Article 12, cultivation advice from the seller is provided for general information purposes. Cultivation advice, descriptions, recommendations and illustrations in whatever form are based as precisely as possible on experiences in trials and in practice. However, the seller cannot accept in any case liability on the basis of such information for deviating results in the grown goods. The buyer itself will be deemed to determine whether the goods are suitable to be used for the intended cultivation purposes and under the local conditions.
2. As used in the information supplied by the seller, immunity, resistance and susceptibility shall mean the following:
Immunity: is when a plant is not subject to attack or infection by a specified pest. Resistance: is the ability of a plant variety to restrict the growth and / or development of a specified pest and / or the damage it causes when compared to susceptible plant varieties under similar environmental conditions and pest pressure. Resistant varieties may exhibit some disease symptoms or damage under heavy pest pressure.
Two levels of resistance are defined:
High resistance (HR): plant varieties that highly restrict the growth and / or development of the specified pest and / or the damage it causes under normal pest pressure when compared to susceptible varieties. These plant varieties may, however, exhibit some symptoms or damage under heavy pest pressure.
Intermediate resistance (IR): plant varieties that restrict the growth and / or development of the specified pest and / or the damage it causes but may exhibit a greater range of symptoms or damage compared to HR varieties. IR plant varieties will still show less severe symptoms or damage than susceptible plant varieties when grown under similar environmental conditions and / or pest pressure.
Susceptibility: is the inability of a plant variety to restrict the growth and / or development of a specified pest.
The terms immunity, resistance and susceptibility as defined above are terms defined by the International Seed Federation, and as such may change from time to time.
Article 17 Force majeure
1. The seller shall not be in default or be liable for failure to observe or perform in accordance with these Terms for any reason or cause which is outside of the reasonable control of the seller, including without limitation, war, insurrection, riot, civil commotion, strikes, lockouts, industrial disputes, acts of god, act of governments, flood, storm, tempest, power shortages or power failure, or an inability to obtain sufficient labour, raw materials, fuel or utilities.
2. In the event of force majeure conditions occurring, the seller will endeavour to inform the buyer as soon as possible.
3. In the event a force majeure condition exists for longer than two months, both parties will be entitled to terminate the agreement. In such a case, the seller will not be liable for any cost, loss, damages or claims incurred by the buyer for such termination and will not make payment of any compensation to the buyer for such termination.
Article 18 Further use / cultivation and inspection
1. The buyer is not allowed to use the goods delivered for further production and / or reproduction of propagating material. If the goods delivered are sold or otherwise provided to a third party, the buyer must impose this stipulation to that third party.
2. Given the nature of the sensitive constitution of the goods, the buyer agrees that it is a condition of supply to the buyer that the buyer is obliged to allow the seller, or anyone reasonably appointed by the seller to act on its behalf, direct access to its business, including and in particular the greenhouses of its business, by provision of reasonable prior notice to the buyer, for the purpose of carrying out inspections on the goods. “Business” in this article shall also mean any business activities that are carried out by a third party on behalf of the buyer. The buyer shall upon request also allow direct access to its administration with regard to the relevant propagating material as reasonably required by the seller.
Article 19 Usage of trademarks, logos and other signs
1. Unless otherwise agreed in writing, the buyer may not use, nor(cause to) register, trademarks, logos or other signs used by the seller to distinguish its goods from those of other enterprises, and it may not use trademarks, logos or other signs resembling them. This does not apply to the trading of the goods in their original packaging material which the seller has, or has had, provided with trademarks, logos or other signs.
2. If the goods delivered are sold or otherwise provided to a third party, the buyer must impose this stipulation to that third party.
Article 20 Conversion
If any of these Terms are determined invalid, unlawful or unenforceable in whole or in part, such term shall be severed, and the remaining terms shall continue to operate to the fullest extent permitted by law.
Article 21 Settlement of disputes
In the event of any disputes emanating from offers and agreements to which these Terms apply, or being connected therewith, the parties will resolve such disputes in a friendly way. Should this not be possible the dispute, unless parties agree to alternative dispute resolution such as mediation or arbitration, will be settled by a court of law at the domicile of the seller, unless the applicable law according to Article 22 provides for another court of law. The seller reserves the right to serve a summons on the buyer to appear in the court of the country where the buyer has its registered office.
Article 22 Applicable law
All agreements between the seller and the buyer are subject to Australian law, including that of the relevant State or Territory. The applicability of the "United Nations Convention on Contracts for the International Sale of Goods" (Vienna Sales Convention) is expressly excluded.
Article 23 Amendment of Terms
These Terms may be amended by the seller from time to time at its own discretion, without giving prior written notice to the buyer. The seller shall use its best efforts to publish the latest version of these Terms on its website(s) and a copy of the latest version of these Terms can be requested from the seller at any time.
Additional conditions for the sale of seeds per square metre to growers
The following Articles 24, 25 and 26 apply if goods are to be sold on the basis of ‘seeds per square metre’ as identified in the Order Form. For the purposes of these Articles, “Net Square Metre” is defined as the total surface area of land which can be used for the production of plants and excludes any area of land which cannot reasonably be used for the production of plants, as determined by the seller.
Article 24 Amount
1. The amount of seeds to be bought will be determined by the production advisor of the seller and, to the seller’ s discretion, in consultation with the buyer. This amount will be mentioned in the Order Form.
2. To determine the amount of seeds, the number of square metres on which the buyer will grow plants shall be determined first. Said number shall also be mentioned in the Order Form.
3. Unless otherwise agreed in writing between the parties, the amount of seeds shall be calculated at a maximum of 2.5(two and a half) plants per square metre.
4. A deviation from the calculation in Article 24 paragraph 3 shall entitle the seller to vary the price per Net Square Metre at its discretion.
Article 25 Payment
1. The price per Net Square Metre as included in the Order Form is valid for one growing period as indicated in the Order Form.
2. Invoicing for the amount due for the seeds will take place in one instalment upon delivery.
Article 26 Use of the seeds
1. The buyer will (cause to) use the seeds only for one production cycle of plants on the number of square metres and in the growing period as included in the Order Form. In case a variety is grown on more square metres than the square metres agreed upon, the buyer will pay to the seller twice the price as defined in Article 25 for each square metre that exceeds the number of square metres as agreed upon. In case seeds remain after the period in which plants have been raised, the seller shall collect these seeds.
2. The buyer is not allowed to provide the seeds or any other material of a variety in whatever form to third parties except for a plant raiser / plant nursery for the purpose of growing seedlings. The buyer is however only permitted to provide the seeds to a plant raiser provided the buyer imposes the following obligations to that plant raiser:
i) the plant raiser only uses the seeds to grow young plants exclusively for and on behalf of the buyer in accordance with the number of square metres and growing period as included in the Order Form, and;
ii) the plant raiser delivers all the remaining seeds and all young plants that were grown out of the seeds to the buyer.
Additional conditions for the sale of seeds purchased online
In addition to the aforementioned Terms, the following terms and conditions apply to the use of the online store of the seller, www.rijkzwaan.com.au (the Online Store), and all offers made and agreements concluded between the seller and the buyer through this Online Store, including all related services provided by the seller.
Article 27 Account
1. The buyer may need an account to order goods from the Online Store. The buyer is responsible for safeguarding its account, to use a strong password, to keep its account name and / or password confidential and to limit access to its account. If the buyer suspects that its account is being misused, the buyer must inform the seller as soon as possible via security@rijkzwaan.com. The seller cannot and will not be liable for any loss or damage arising from failure of the buyer to comply with the above or any other failure or negligence in its use of the Online Store.
2. The buyer may terminate its account at any time by giving written notice to the seller. The seller may reject the creation of an account and / or terminate an account of the buyer at any time and for any reason by deleting such account and / or giving notice to the buyer.
Article 28 Online order process
1. Any order of goods is subject to availability. A confirmation of receipt of the order in itself does not constitute an order confirmation, but serves only as information. The seller may, at its discretion and for any reason, accept or reject this order.
2. The seller will accept the order of buyer by sending a written confirmation of acceptance or by delivering the ordered goods to buyer. Unless otherwise stated, the effective date of the agreement between the buyer and the seller is the date on which the seller confirms acceptance of the order in writing.
3. If the seller does not accept the order for any reason, the seller will endeavour to inform the buyer of this via the contact details provided by the buyer in registering its account. If the buyer has already paid for the goods, the seller will refund the full amount including any charged delivery costs as soon as possible.
4. In case of purchase on advance payment, the seller shall only accept the order upon receipt of the full payment of the agreed purchase price.
5. All agreements between the buyer and the seller are subject to a possible verification by the seller on compliance with applicable(international) sanctions or anything referred to in Article 3. Consequently, the seller may terminate an agreement when it finds that performing the agreement would violate(international) sanctions or anything referred to in Article 3.
Article 29 Online information
The buyer acknowledges that:
- despite the seller’ s best efforts, any descriptions, specifications and / or images of the goods in the online store may be inaccurate or incomplete; - the images of the goods in the online store of the seller are for illustrative purposes only; - growing results may differ from the images shown in the online store; - the packaging of the goods may vary from those as shown on images in the online store; and
- the seller reserves the right to amend the specifications of the goods at any time.
Article 30 Price of goods, discounts & delivery charges
1. The prices of the goods will be as quoted in the online store of the seller at the time the buyer submits its order. The seller uses its best efforts to ensure that the prices of goods are correct at the time when the relevant information was entered onto the system.
2. It is always possible that, despite the seller’ s best efforts, some of the goods in the online store of the seller may be incorrectly priced or that an incorrect discount is applied. If the seller discovers an error in the price of the goods of the order or a discount applied to the order, the seller will contact the buyer in writing to inform the buyer of this error and the seller will grant the buyer the option of continuing to purchase the goods at the correct price or cancelling the order. The seller will not process the order until the seller has received these instructions. If the seller is unable to contact the buyer using the provided contact details during the order process, the seller will treat the order as cancelled and notify the buyer in writing. If the seller mistakenly accepts and processes the order where a pricing error is obvious and unmistakable and could reasonably have been recognised by the buyer as a mispricing, the seller may cancel the supply of the goods and refund any sums the buyer has paid.
3. The price of the goods does not include delivery charges or GST, unless specified otherwise. The delivery charges may be shown to the buyer during the check - out process, before the buyer is asked for its confirmation of the order.
Article 31 Methods of payment and shipment
1. The seller may decide on the payment method(s) provided and may charge the buyer for the payment method(s) used.
2. Any delivery period(s) provided in the Online Store are for indicative purposes only.
3. The risk of accidental loss and accidental deterioration (e.g. damage) of the goods shall pass to the buyer at the latest upon delivery. If the seller and buyer agree that the purchased goods should be shipped to a specific destination, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon handover of the goods to the freight forwarder, carrier or other person designated to carry out the shipment, unless expressly agreed otherwise in writing.
Article 32 Cancellation and returns
1. If all conditions for a return as imposed by the seller are met, the seller will confirm the cancellation and / or return inwriting. Any unconfirmed returns shall be made by the buyer entirely at his own expense and risk. The seller reserves the right to refuse the acceptance of non - agreed returns.
2. If after 30 days of having notified the buyer that goods are ready for delivery or collection the seller has received no communication from the buyer, the seller retains any rights under any relevant law to sell the goods to recover the value of any outstanding debt the buyer may owe to the seller.
General Terms and Conditions of Sale and Delivery of Rijk Zwaan Australia Pty. Ltd., version 1 December 2024.