Terms and Conditions
1.1 in these terms
(a) 4TAGS means Vet N Farm Pty Ltd trading as 4Tags.com.au ABN 20 622 108 141 herein referred to as Vet N Farm.
(b) Customer means the legal entity placing the order for, or being supplied with the goods by Vet N Farm.
(c) Goods mean the goods supplied by Vet N Farm to the Customer.
(d) Manufacturer means the maker, brand, vendor or national distributor of goods offered and sold by Vet N Farm.
(e) GST means any tax imposed upon a taxable supply under the A New Tax System (Goods and Services Tax) Act 1999 and any related tax imposition Acts.
(f) Taxes mean GST and all other taxes, changes, duties or similar relating to the supply or use of the goods.
(g) DPI means either Department of Agriculture & Fisheries (DAF) Queensland, or Department of Primary Industries (DPI) Victoria, or Department of Primary Industries (DPI) NSW, or Department of Primary Industries & Regional Development (DPIRD) Western Australia, or Department of Primary Industries, Parks, Water & Environment (DPIPWE) Tasmania, or Primary Industries and Regions (PIRSA) South Australia, or Department of Primary Industry & Fisheries (DPIF) Northern Territory.
(h) Terms means these terms. Vet N Farm means Vet N Farm Pty Ltd ABN 20 622 108 141
2.1 The supply by Vet N Farm of goods to the Customer, or the placement or an order for goods by the Customer will be on these Terms. Acceptance of goods or placements of an order by the Customer will be deemed to be acceptance of these Terms.
2.2 By ordering & paying for goods the Customer authorises Vet N Farm to act on their behalf in relation to their State relevant DPI in order to obtain or apply for all and any forms necessary to purchase NLIS accredited or DPI subsidised devices. The customer confirms that NLIS tags will be attached in accordance with the rules of the NLIS Scheme, and in compliance with the Legislation of the State in which this property is located. Furthermore the Customer accepts that any information contained in an order may be shared with State and/or Federal agricultural Departments and with other approved persons and agencies in accordance with legislation for the purpose of maintaining registers of PIC’s, for identifying ownership of stock and for residue and disease tracing and control.
2.2 Vet N Farm reserve the right to charge an Admin Fee for service and assistance to the Customer when acting for or on behalf of the customer in relation to all transactions with any DPI.
2.3 Any terms or conditions set out on any order or document submitted by the Customer are expressly excluded.
2.4 Vet N Farm may reject any order in its discretion. If any order requires goods to be delivered in multiple instalments, each instalment will be considered a separate order.
3. Price & Payment
3.1 Vet N Farm is an exclusive business to business reseller. The price of goods is the prevailing price excluding GST at the time of ordering. Any published price is indicative only. Vet N Farm may alter prices at any time without notice.
3.2 Unless otherwise agreed in writing by Vet N Farm, all invoices must be paid immediately upon presentation.
3.3 Vet N Farm may charge a service fee on any outstanding amount at the rate of $1.5% per calendar month compounded monthly, from the due date until payment is received in full (subject to change at Vet N Farm’s discretion).
3.4 All prices, delivery costs and amounts indicated as payable by the Customer are exclusive of Tax (GST). The Customer must pay or reimburse Vet N Farm all Taxes, levies and the fees imposed by any statutory or industry body and any amount required by Vet N Farm by way of deposit on any returnable containers. Vet N Farm will provide the Customer with a tax invoice.
3.5 The Customer may not withhold payment or make deductions from any amount owing without Vet N Farm’s prior written consent.
4. Pre-orders/Non-Refundable Deposits
4.1 Where extended lead times exist for high value goods Vet N Farm may accept pre-orders subject to payment of a non-refundable deposit. The amount of deposit shall be agreed between the Customer and Vet N Farm.
4.2 As soon as any pre-order goods are ready to despatch Vet N Farm shall advise the customer at which point the full amount becomes payable.
4.3 Unless otherwise agreed in writing by Vet N Farm, all invoices must be paid in full prior to goods being despatched.
4.4 The Customer acknowledges that failure to pay in full within 7 days of request means that the non-refundable deposit shall be forfeited and the pre-order cancelled.
4.5 The Customer may not withhold payment or make deductions from any balance amount owing without Vet N Farm’s prior written consent.
5.1 Vet N Farm will use reasonable endeavours to supply the goods on the delivery dates and in the quantities specified in the order. Vet N Farm will not be liable for any loss or damage arising out of any delay or failure to make delivery on the requested dates or in the requested quantities.
5.2 If Vet N Farm fails to deliver or makes defective delivery of any goods under these Terms, the Customer will not be entitled to cancel any other delivery.
5.3 If the goods are supplied pre-packed and labelled, the Customer must not sell, supply or otherwise deal with the goods unless the packaging and labelling remains intact.
6. Containers & Pallets
6.1 Any pallets or containers used for the delivery or storage of the goods will remain the property of Vet N Farm or its lessor. The Customer must promptly return or exchange the pallets and containers in its custody or reimburse Vet N Farm the cost of replacement or repair of lost or damaged pallets or containers.
6.2 Any deposit charged will be credited in full at the time the container is returned to Vet N Farm provided the container is returned with three months of dispatch and is in good order and condition.
7.1 The Customer warrants that it understands the nature and characteristics of the goods, including their innate hazards and toxicity and is familiar with all information made available to it. Colours shown on our website may vary in shade or tone from actual colours provided.
7.2 Where it is proven to Vet N Farm’s reasonable satisfaction that the goods do not comply with the Manufacturer’s warranty Vet N Farm will assist the customer to contact the Manufacturer’s relevant customer service team. Vet N Farm will not and cannot seek compensation on behalf of the Customer. The Manufacturer may, in accordance with it’s individual terms and conditions, at its cost and at its option, either replace such goods with the same or equivalent product, or pay the cost of replacement with the same or equivalent goods, but otherwise subject to the provisions of these Terms, Vet N Farm accepts no liability to the Customer or any third party.
7.3 The Manufacturer’s warranty does not apply unless the goods have been properly handled, used, maintained and stored. Vet N Farm must be notified in writing within seven days of delivery or of the alleged defect first coming to the notice of the Customer and the Customer returning the goods to the manufacturer.
Except as expressly set out in these Terms Vet N Farm:
(a) excludes all conditions and warranties in relation to the goods, whether imposed or implied by statute or otherwise; and
(b) will not be liable for any loss, damage or injury including consequential loss (such as loss of profits and loss of opportunity), arising from the condition, supply or use of the goods or otherwise, whether or not caused by Vet N Farm’s negligence.
The Customer indemnifies Vet N Farm against all loss and liability arising out of:
(a) any breach by the Customer of these Terms; or
(b) negligence on the part of the Customer or any person for whom the Customer is responsible.
10. Passing of Risk and Retention of Title
10.1 Risk in the goods will remain with the manufacturer or Vet N Farm until goods depart the despatch point. At this point thereafter risk of loss, damage or deterioration of the goods will pass to the customer.
10.2 Legal and beneficial title in the goods will remain with Vet N Farm until:
(a) the goods are paid for in full by the Customer; and
(b) the Customer has paid all other amounts owing to Vet N Farm.
10.3 Until such time as legal and beneficial title in the goods passes to the Customer, the Customer will:
(a) store the goods in a manner which makes them readily identifiable as the property of Vet N Farm;
(b) hold the goods as bailee of Vet N Farm, in respect of which each party acknowledges fiduciary relationship exists;
(c) keep, and provide upon request, proper stock records and records of accounts with respect to the receipt, identification, storage, location, sale and movement of the goods; and
(d) keep the goods insured against theft, damage and destruction (failing which Vet N Farm may do so and invoice the Customer for the cost).
10.4 If the Customer sells or otherwise disposes of the goods:
(a) the Customer must account to Vet N Farm for that part of the proceeds of the sale as is equal to the price and other charges payable by the Customer to Vet N Farm in respect of those good; and
(b) until the Customer pays Vet N Farm the price payable for the goods, the proceeds of resale must be held in a separate account in trust for Vet N Farm.
11.1 Payment will immediately become due and the Customer’s right to possession of the goods will cease if the Customer:
(a) fails to make due payment for the goods;
(b) commits a breach of any of these Terms; or
(c) commits an act of bankruptcy, is declared insolvent, passes a resolution for winding up, has petition presented against it for winding up, has an administrator, receiver, liquidator or other insolvency practitioner appointed in respect of it or its assets, or enters into an arrangement, compromise or assignment for the benefit of any creditor.
11.2 If an event set out in clause 10.1 occurs, Vet N Farm may without prejudice to it other rights and remedies:
(a) withhold any further deliveries of goods;
(b) suspend or terminate performance of any other contracts which Vet N Farm has with the Customer;
(c) in respect of goods already delivered, enter onto any premises of, or under the Customer’s control, without liability for trespass or any resulting damage, and retake possession of the goods in which legal and beneficial title is held by Vet N Farm; and
(d) institute legal proceedings to recover the Customer’s debt including recovery of related costs, expenses and outgoings (including legal fees on a solicitor/client basis).
10.3 Vet N Farm may bring an action for the price of the goods even though title in the goods has not passed.
12. Claims and Returns
Vet N Farm will not accept the return of any goods unless agreed in writing prior to return. Any goods returned must be in the same order and condition as when delivered to the Customer and exclude any customisation or marking. Vet N Farm may charge the Customer the then current restocking charges, payable immediately.
13. Force Majeure
Each obligation of Vet N Farm will be suspended during the time and to the extent that Vet N Farm is prevented from or delayed in complying with that obligation by any act, event or cause (including industrial action) which is beyond its control.
14.1 Vet N Farm may amend these Terms at any time. The amended Terms will apply to the supply of any goods from the date of the amendment. The Customers may not vary these Terms without the written consent of Vet N Farm.
14.2 No failure, delay, relaxation or indulgence by Vet N Farm in exercising any power or right conferred by these Terms will operate as a waiver of the power or right. A waiver of a breach does not operate as a waiver of any other breach.
14.3 If a Court determines that any provision of part of a provision of these Terms is unenforceable, illegal or void, if possible it will be read down so as to give it valid and enforceable operation or, if not possible to be so read down, it will be severed and the remaining provisions will remain operative.
14.4 These Terms are governed by the laws of the State of Queensland and the parties submit to the non-exclusive jurisdiction of the courts of the State and of the Commonwealth of Australia.