Terms and Conditions
Welcome to Feed Finder, operated by Future Farm Systems Ltd (“FFSL”). These Terms And Conditions (“Terms”) apply to all users of this website feedfinder.nz (the “site”) and the products and services we offer. By accessing or using our website, and/or using our service, you agree to these Terms.
- You must be at least 18 years old to use our services.
- You agree to comply with all applicable laws, and not to use our website, services and/or products for any illegal, harmful, or fraudulent activity, or any activity that violates our intellectual property rights or harms others. You must not transmit any worms or viruses or any code of a destructive nature.
- We reserve the right to refuse service to anyone for any reason at any time. We may modify or discontinue the Service (or any part or content thereof) without notice at any time. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express written permission.
SUPPLY OF PRODUCT
- FFSL will:
- Use all reasonable skill and care to secure products (if not already available) within 48 hours of receipt of the Buyer’s order and will use all reasonable endeavours to arrange for the products to be transported to the address nominated by the Buyer;
- Not be liable for any delay or non-performance in the provision of products if the delay or non-performance is attributable (directly or indirectly) to delays in transportation or circumstances beyond its reasonable control;
- Not be obliged to accept any order for products made by the Buyer.
- FFSL may withdraw a quotation for the provision of products at any time before it is accepted by the customer. All quotations will lapse without notice seven days after given.
- Upon receipt in writing of FFSL’s acceptance of the order and subject to clause 1.4, the Buyer will not be entitled to cancel the order and any purported cancellation after that time will incur a fee of $500.00. If FFSL has already paid non-refundable transport costs then the FFSL will be entitled to deduct those costs from the Buyer’s payment together with any related third party cancellation fees.
- The Buyer acknowledges and agrees that although FFSL will use all reasonable endeavours to ensure the correct quantity of products is delivered to the Buyer, the loading and delivery of the products is outside its direct control. For that reason, FFSL reserves the right to charge the Buyer for any additional products delivered and accepted by the Buyer. If the quantity of products delivered is less than that ordered and paid for by the Buyer, FFSL will promptly refund any over payment to the Buyer.
- The Buyer acknowledges and agrees that products are sourced by FFSL from third-party suppliers. Whilst FFSL will take all reasonable steps to ensure all product details are correct and products are reasonably fit for purpose, it does not provide any warranties to the Buyer regarding the accuracy of product information and/or quality of the products other than those implied by law.
- The Buyer further acknowledges and agrees that it is responsible for ensuring the products it selects from FFSL’s website are suitable for the Buyer’s intended purpose.
- Subject to Payment Clause 2, the price for the products will be as stated on the invoice provided to the Buyer following placement of the order. All prices will be in New Zealand dollars and exclusive of GST and freight (unless stated otherwise), both of which will be payable by the purchaser to FFSL in addition to the price. FFSL reserves the right to charge the Buyer a deposit before accepting an order. FFSL may also (and at its discretion) offer a payment plan to the Buyer.
- FFSL reserves the right to increase the price for advance orders of products in the event of a significant and unforeseeable increase in the costs incurred by FFSL in sourcing and/or arranging delivery of the products.
- FFSL reserves the right to refund or refuse a sale for a product or service that is incorrectly priced at the time of purchase.
- Payment for all products must be made by the Buyer to FFSL in accordance with the option selected by the customer when placing the order. Delivery of the products will be made once the invoice has been paid in full.
- If the Buyer fails to make payment on the due date then a penalty interest payment calculated as 5% above the monthly base commercial lending rate charged by FFSL’s bank (as at the due date) will be payable by the Buyer from the due date until the date payment is made in full.
TITLE AND RISK
- Title in products supplied by FFSL will pass to the Buyer only upon payment of the invoice in full.
- The products will remain at FFSL’s risk until delivery at the address nominated by the Buyer when placing the order. Where delivery is delayed due to the fault of the Buyer, the products will be at the Buyer’s risk with regard to any loss incurred by FFSL as a result of the delay.
- The Buyer is responsible for checking the products prior to accepting delivery and any concerns must be promptly raised with FFSL otherwise the Buyer will be deemed to have accepted the condition of the products.
- The Buyer acknowledges that it is acquiring the products for a business purpose and that the statutory guarantees and implied terms contained in the Consumer Guarantees Act 1993 are excluded and do not apply.
The Supplier of the products warrants as follows:
- That the products are of merchantable quality and fit for the purpose notified by the Supplier to FFSL; and
- That animal feed will be wrapped in good quality wrap prior to collection by the transport company at the Supplier’s cost.
- The product is legally theirs to sell or they have permission to legally sell.
- The product is as described in the listing including accurate photos, sizes, weights and any other upload information including accurate sample for testing of the lot listed.
- The Supplier authorises FFSL to complete Feed Declaration Forms on behalf of the Supplier for each unit of animal feed sold including provision of the Supplier’s telephone number and other contact details.
- In the event that the Ministry of Primary Industries (“MPI”) requests additional information relating to the Supplier’s products, the Supplier will promptly provide such information to MPI (or authorise FFSL to do so on its behalf) and will notify FFSL of the outcome.
TITLE AND RISK
Title in the products will remain with the Supplier until the FSSL has received payment tin full from the Buyer. The Products will be at FFSL’s risk upon collection by the transport company until delivery to the Buyer.
- FFSL will pay the Supplier for the products on the 20th day of the month following delivery of the products and acceptance by the Buyer.
- FFSL reserves the right to withhold payment to the Supplier of any order which has not been delivered and/or accepted by a Buyer or which is the subject of a dispute. FFSL further reserves the right to change the payment based on the outcome of the dispute.
RETURN OF PRODUCTS
If the products are found to be defective and/or or otherwise in breach of clause 5, FFSL reserves the right to return the same to the Supplier at the Supplier’s cost.
The Supplier acknowledges and agrees that from time to time the Buyer may request that samples of the products be tested by a reputable laboratory to ensure they are fit for purpose in the event of a negative test result, the Supplier acknowledges FFSL will be entitled to reject the products.
FFSL SOLE POINT OF CONTACT
All communication with Buyers must be conducted through FFSL and/or its website and the Supplier will not contact the Buyer direct nor attempt to solicit further sales other than through FFSL.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Whilst we take all reasonable steps to keep website information accurate and current, and to check product details submitted by suppliers, we cannot guarantee or be responsible if information on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary sources of information.
ERRORS, INACCURACIES AND OMISSIONS
We may occasionally have errors or inaccuracies on our website or service, and we reserve the right to correct them. We are not obligated to update or amend any information on our website, except as required by law.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We may modify or discontinue the Service (or any part or content thereof) without notice at any time.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities. We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction.
LIABILITY AND INDEMNITY
- FFSL will not be liable to its Buyers, Suppliers or any other party for any loss or damage arising directly or indirectly in connection with products sourced or supplied by FFSL, their use, misuse or otherwise including (but without limitation) any loss of profit, business, revenue, goodwill or anticipated savings unless proven to be directly attributable to an act or omission of FFSL.
- Except as provided in any express written warranty given and to the extent permitted by law, FFSL:
- Excludes any condition, description, recommendation, representation, warranty for products whether implied by custom, law, trade, or otherwise and whether relating to fitness, merchantability, suitability for purpose, or otherwise and all specific conditions even though such conditions may be known to FFSL; and
- Is not under any circumstance liable to the Buyer, the Seller or any other person, whether in contract, equity, tort (including negligence), or otherwise, for any damage liability or loss whatsoever (for example any event beyond the control of FFSL where its website cannot be used); defective supply of products; inability to use products; recommendation; refusal to supply products and use of products whether consequential, direct, indirect, or special, and the Buyer and/or the Supplier indemnifies FFSL against any such claim.
- If FFSL cannot rely on the exclusions of liability in Return of Products Clause then its maximum liability in respect of the products shall be limited to the price of the products.
- The Buyer and/or Supplier authorise FFSL to collect, retain and use information about them for the purpose of carrying out credit checks and determining whether or whether to accept orders from a Buyer as well as for debt collection and marketing purposes.
- The Buyer and/or Supplier authorise FFSL to obtain credit reports and other information about them from any third party for this purpose.
- The Buyer and/or Supplier also authorise FFSL to provide information to any third party for the purpose of that party carrying out credit checks, obtaining credit reports or debt collection.
- Any information provided to FFSL pursuant to this clause will be securely held.
If a dispute arises in relation to these terms, either party may serve notice in writing on the other party specifying the nature of the dispute, and that parties suggested or preferred method of resolution (the “Dispute Notice”). Within 5 business days of service of the Dispute Notice, the parties must meet in good faith to try to resolve the dispute.
- If the parties are not able to resolve the dispute within 10 business days of their meeting, then either party may refer the dispute to mediation using a reputable and recognised mediation service/mediation provider. Each party will bear its own costs of and incidental to such mediation and will pay one half of all mediation costs.
- If mediation has not resolved the dispute within 15 business days of the matter being referred to mediation, then either party may commence court proceedings.
- A Buyer or Supplier may not assign any of its rights or obligations under these terms and conditions without the prior written consent of FFSL.
- Every notice given under these terms will be sufficiently given if delivered personally, posted or emailed to the intended recipient at the addresses provided to FFSL by the parties.
- A party will not be liable for any delay or failure for the performance of any of the obligations imposed on them under these terms if such failure is beyond the reasonable control and without fault or negligence of that party, provided that this clause will not operate to excuse the consequences of insolvency or financial difficulty.
- All expenses and costs (including legal and/or debt collection costs) incurred by FFSL in the enforcement of these terms and conditions will be payable by the Supplier or Buyer (whichever is in breach).
WEBSITE THIRD-PARTY TOOLS & LINKS
- We may offer third-party tools on the website as a convenience and do not monitor or control them. Your use of these tools is at your own risk, and you should review the third-party’s terms before using them. We are not liable for any damages or harm resulting from your use of these optional tools.
- Our website may contain links to third-party sites, and we are not responsible for any content, accuracy, or safety issues of these third-party sites. You use them at your own risk, and you should review their policies and practices before engaging in any transaction with them.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
You may submit comments or other materials to us, which we may use without any obligation to you. We reserve the right to remove any content that is unlawful, offensive, or violates these terms.
FFSL will not be liable to the Buyer and/or Supplier (and the Buyer will not be entitled to cancel any order) as a result of any delay or failure by FFSL to perform its obligations under these terms where caused directly or indirectly by any event or circumstance beyond FFSL’s reasonable control including, without limitation, fire, accident, earthquake, flood, drought, crime, war, blockade, strike, lockout, labour dispute, shortage of fuel or acts or remissions of governmental or regulatory laboratories.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
- The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
- Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
These terms will be governed by the laws in New Zealand and the parties submit to the non-exclusive jurisdiction of the Courts of New Zealand.
CHANGES TO TERMS AND CONDITIONS
We reserve the right to update, change or replace any part of these terms and conditions by posting updates and/or changes to our website. You are responsible for checking this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Questions about the Terms and Conditions should be sent to us at firstname.lastname@example.org