Terms & Conditions

Domestic Sales

Select Harvests Ltd (ACN 000 721 380), and any of its associated and related entities, (hereinafter referred to as “the Company”) provide these terms and conditions to its customers to clarify the company’s trading expectations:Select Harvests Ltd (ACN 000 721 380), and any of its associated and related entities, (hereinafter referred to as “the Company”) provide these terms and conditions to its customers to clarify the company’s trading expectations:

UNLESS OBJECTION IS NOTIFIED TO THE SELLER WITHIN SEVEN (7) DAYS OF RECEIPT, THE DETAILS OF SALE IN THIS DOCUMENT WILL BE DEEMED TO BE ACCURATE IN ALL RESPECTS AND ACCEPTED BY THE BUYER.

THESE TERMS AND CONDITIONS PREVAIL OVER ANY TERMS OR CONDITIONS OF THE BUYER.

  1. FORCE MAJEURE

    The Vendor shall not be liable for delay in delivery or failure to fulfill any of its obligations pursuant of this or any ancillary agreement or for loss or damage to goods directly or indirectly caused by or by reason of any Acts of God, accident, breakdown, fire, flood, theft, riot war or hostilities or threat or apprehension thereof, embargo, strikes, lockouts, trade and labour disputes, shortage of labourers, shortage of materials, delays in delivery of materials by supplier, prohibition of export or import, confiscation, action of any government and any other occurrence (whether or not similar in nature to those specified) which is beyond the control of the Vendor and the Purchase shall not have any cause of action against the Vendor due to any delay in manufacture, transportation or delivery attributable to or by reason of any of the foregoing events nor  shall any third party claiming on behalf of or through the Purchaser and Purchaser hereby indemnifies the Vendor against all costs and expenses howsoever incurred by or on behalf of the Vendor in defending any action commenced against it by the Purchaser or any party claiming on behalf of or through the Purchaser in respect of any of the foregoing events.

  2. RISK

    All risk in the goods shall be borne by the Purchaser from the time they are delivered to it by the Vendor or its Agent.

  3. RETENTION OF TITLE

    • Property in all the Goods supplied shall remain vested in the Company and shall not pass to the Customer until all monies owing to the Company by the Customer together with all collection, repossession and/or legal costs incurred, have been paid in full.

    • The Goods, whether as separate chattels or as components, shall be stored in such a manner as to be clearly identifiable as the property of the Company until title has passed to the Customer.

    • The Company may demand at any time until title has passed to the Customer that the Customer returns the Goods or any part of them.

    • In the event that the Customer defaults in the payment of any monies owing to the Company, the Company and its employees or agents shall have the right to enter without notice upon the Customer's premises or any other premises where the Goods are known to be stored to repossess the Goods and for this purpose the Customer shall grant reasonable access rights and the Company, its employees or agents shall be entitled to do all things required to secure repossession.

  4. DELIVERY

    • The Company shall not be liable for any loss or damage, including consequential loss or damage, arising from delay in delivery or failure to deliver Goods, either whole or in part, due to circumstances beyond its control.

    • The Vendor shall use its best endeavours to dispatch the goods by the agreed dates, if any, but shall not be liable for any loss or damage arising directly or indirectly from delay whether such delay be cause by the Vendor or otherwise.

    • If goods are to be dispatched by instalment the Purchaser shall pay to the Vendor all moneys owing for or on account of each instalment dispatched but goods from time to time comprising instalments awaiting dispatch by the Purchaser shall be dispatched to the Purchaser who shall not be entitled to cancel or otherwise avoid accepting and paying for any instalment dispatched.

  5. CANCELLATION

    At the option of the Vendor a contract may be terminated or suspended.

    • In the case of death, bankruptcy, liquidation, suspension of payment or the making of any agreement with creditors by the Purchaser or if the Purchaser fails to make a payment or to meet any obligation under this or any ancillary agreement or rejects any goods dispatched to it by the Vendor or if a receiver or manager is appointed in respect of the Purchaser’s business or affairs always reserving to the Vendor any right to recover  any loss consequent upon such termination or suspension.

    • If the Purchaser requests a contract to be terminated or suspended and a duly appointed officer of the Vendor agrees in writing thereto always reserving to the Vendor the right to be compensated for all work carried out by the Vendor to the date of the written agreement to terminate or suspend the contract.

    • The Company may cancel the delivery of Goods at any time before delivery by giving notice to the Customer by any means.

    • The Company shall not be liable for any loss or damage, including any consequential loss or damage, arising from such cancellation.

    • The Customer may cancel the delivery of Goods at any time before delivery by giving notice to the Company by any means.

    • In the event that the Customer cancels delivery of Goods, the Customer shall be liable for any costs incurred by the Company up to the time of the cancellation including, but not limited to, any re-stocking fees incurred by the Company.

  6. CLAIMS

    • The Vendor shall not be liable in anyway whatsoever for any defect in any goods dispatched to the Purchaser from the premises of the Vendor or its Agents unless the Purchaser gives written notice to the Vendor specifying the nature of any sub defect within 14 days from the date of any such dispatch or collection.

    • If the Purchaser gives to the Vendor within the specified Period written notice of defective goods dispatched to the Purchaser by the Vendor or collected by or on behalf of the Purchaser from the premises of the Vendor or its Agent and if the Vendor accepts that such goods are defective the Vendor as its option repair or replace the goods or deliver equivalent goods but shall not otherwise be liable for any losses suffered by the Purchaser whether by loss of profits or otherwise.

  7. QUOTATIONS

    • All prices quoted by the Vendor are based on current prices of materials, labour rates at the time of quotation and the price of goods is subject to market fluctuations (including any increase or imposition of any charges, taxes, levies duties, or fluctuation in exchange rate) and the Vendor at its option and without notice to the Purchaser may increase the price payable for any goods subject of a quotation to the extent necessary to take into account any such fluctuation and the increased price shall be the amount payable for those goods.

    • The Vendor shall not be bound but may as its option accept any order for goods in respect of which it has quoted a price more than 70 days before hand but any delivery dates and quantities specified in an order deviating from those in the quotation shall render the quotation subject to review.

  8. PAYMENT TERMS

    • At the Company’s sole discretion, a deposit may be required prior to any supply.

    • Credit Account Customers are required to pay all amounts for purchases, in full and with no deduction or set-off, in line with agreed terms.

    • In the event of a dispute, the complete undisputed portion of the account must be paid in accordance with the Payment Terms.

    • Should it be considered necessary by the Company to incur legal and/or any other expenses, including any such expenses to any debt collection agency, in obtaining, or attempting to obtain, payment for any amount due by the Customer, the Customer shall be liable for all such expenses. The Customer acknowledges that those expenses may be calculated on a commission basis at a percentage rate of up to 25% of the amount due and expressly agrees to pay those expenses irrespective of the amount of work actually performed by the agency.

    • Amounts received by the Company may be applied first against interest, charges and expenses.- Interest on overdue amounts may be charged at a rate of 18% per annum calculated per calendar month or part thereof and the Customer shall be liable for, and expressly undertakes to pay, all such interest.

    • Any payment made by or on behalf of a Customer which is later avoided by the application of any Statutory Provision shall be deemed not to    discharge the Customer’s indebtedness and, in such an event, the parties are to be restored to rights which each respectively would have had if the payment had not been made.

    • The Customer shall be liable for, and expressly undertakes to pay, all fees (including an Administration Fee in an amount to be set from time to time by the Company) for all costs incurred as a result of any cheque or electronic banking transaction being dishonored for whatever reason.

    • Payment of goods shall be made by the Purchaser to the Vendor within 30 days of the invoice rendered to the Purchaser by the Vendor unless it has previously been agreed in the contrary in writing.

  9. SALE BY SAMPLE

    If the Purchaser approves a sample provided by the Vendor and subsequently enters into a contract for the purchase of goods of the nature of the sample the Vendor does not warrant that goods supplied will be identical quality to the sample but so far as it is reasonably possible the Vendor shall supply goods of a quality similar to the sample and the Purchaser shall not have any cause for action against the Vendor for any such difference in quality.

  10. PALLETS

    Any pallet belonging to the Vendor used by it in dispatching goods to the Purchaser or which is used by or on behalf of the Purchaser when collecting goods from the premises of the Vendor or its Agent shall remain the sole property of the Vendor and shall be returned upon request to the Vendor from the Purchaser at the expense of the Purchaser and the Purchaser shall pay to the Vendor an amount determined by the Vendor for any pallets not returned or accepted in exchange for pallets which should be returned in accordance with this paragraph.

  11. UNLOADING

    All costs and prices however incurred by the Vendor for unloading and discharging goods on arrival at the place of destination nominated by the Purchaser shall be paid for by the Purchaser.

  12. ACCEPTANCE

    All goods sold by the Vendor are sold on the terms and conditions herein and any order to purchase goods from the Vendor constitutes acceptance of these terms and conditions and any additional terms and conditions differing from those herein which are included in any order to purchase goods from theVendor are void and of no effect unless a duly authorised officer of the Vendor has previously agreed in writing to the contrary.

  13. PACKING

    Unless otherwise stated to the contrary any price for goods quoted by the Vendor includes packaging in accordance with the recognized standards but the cost of any special packing requested or required by the purchaser or deemed necessary by the Vendor shall be borne by the Purchaser.

  14. WARRANTY

    1. Any express or implied condition, statement or warranty statutory or otherwise in respect of the goods is hereby expressly negatived.

    2. Without limiting the generality of condition (a) the Purchaser acknowledges that the Vendor has not made any representation or warranty that the goods are suitable for use under any specific conditions (although such conditions may be known to the Vendor) nor as to the life and wear of the goods or their immunity from the possibility of attack by corrosion, pitting, erosion, chemical or electrical action.

    3. Neither the Vendor nor any servant agent or independent contractor of it will be liable to the Purchaser or any party claiming on behalf of or through the Purchaser for any loss injury expense or damage of any kind whatsoever (including any economic or consequential loss injury expense or damage) however wherever and whenever occurring whether arising out of or in connection with the goods (including any patent or latent patent defect in them) or any other action matter statement or thing connected therewith or incidental thereto whether or not arising by negligence or under stature.

    4. The conditions and warranties implied by the Trade Practices Act 1974 have application hereto and are not affected by the exclusions hereinbefore specified but the Purchaser herby acknowledges that the Vendor is unaware of the consequences to the Purchaser of defect in or failure of the goods purchased and that the Purchaser has relied solely upon his own skill and judgement in all respects to enable him to decide that the goods purchased are reasonably fit for the purpose for which they were acquired.

  15. GENERAL

    • where there is more than one Purchaser their liability shall not be joint and several;

    • words importing the singular shall include the plural and vice versa and words importing the masculine gender shall include the feminine and vice versa; and

    • any term or condition prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder.

    • The Company accepts no responsibility for changes in any law which may affect supply.

    • Neither the Company nor the Customer shall be liable for any breach of any provision of any contract between them arising from an act of their respective God, natural disaster, terrorism, war or any other, specified or un-specified, occurrence beyond the control of either party.

    • The invalidity or unenforceability of any provision of these General Terms and Conditions shall not affect the validity or enforceability of the remaining provisions.

    • The Customer acknowledges that all purchases are made relying solely upon the Customer’s own skill and judgment.

    • The Customer warrants that all purchases under this agreement are for commercial purposes only and, accordingly, the provisions of the Consumer Credit Act will not apply.

  16. APPLICABLE LAW

    These terms and conditions shall be governed by the construed in accordance with the laws of the State of Victoria.