Terms & Conditions

Definitions

In these conditions, unless the context otherwise requires:

Company means Profile Fertilisers Limited.
Buyer means the person or company buying the goods from the Company.
Products mean any item which is sold by the Company.
Contract means the contract between the Company and the Buyer for the purchase of the goods.
Date of the contract means where the contract arises from an order given by the Company
Contract price means the price of goods as agreed between the Buyer and the Company.
Person includes a corporation, association, firm, company, partnership or individual.

Quotation

The Buyer may request a Quotation from the Company setting out the price and quantity of the Goods to be supplied.

If the Quotation is acceptable to the Buyer, the Buyer may place an order within an acceptable timeframe.

Acceptance

If any instruction is received by the Company from the Buyer for the supply of products, it shall constitute acceptance of the terms and conditions contained herein.

Upon acceptance of these terms and conditions by the Buyer, the terms and conditions are definitive and binding.

Price, Payment and Late Payment

The Price shall be as indicated on the order provided by the Company to the Buyer in respect of products supplied;
The Price is quoted ex the Company factory. Any costs relating to delivery to the Buyer’s property are the responsibility of the Buyer.
The Buyer agrees to pay Goods and Services Tax (GST) in addition to the price of the Goods.
Payment in full shall be made by the 20th of the month following the date of the invoice, unless previously arranged between the Company and the Buyer.
Late payment of accounts will incur interest at 1.5% per month. The Buyer is liable for any costs incurred in the collection of overdue accounts. The Company reserves the right to implement a surcharge for alterations to the specifications of products after the order has been placed.

Delivery, Risk and Ownership

The product will be available to the Buyer as close as possible to the date specified on the order form. Any delivery times included in the order form are estimates only, and the Company does not accept any liability for delays that occur in delivery to the Buyer.
Risk passes from Profile Fertilisers Limited to the Buyer from the time that the goods leave the premises of the Company.
Ownership and title of the goods remain with The Company until the purchase price and all other monies owing by the Buyer, under the contract or any other contract to The Company, have been paid in full.

Law, Jurisdiction and Dispute Resolution

These Terms of Trade will be interpreted in accordance with the laws in force in New Zealand, and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand.
In the event of a dispute between the parties in any way arising out of or in connection with the contract, then the parties undertake in good faith to use all reasonable endeavours to settle the dispute before referring such dispute to arbitration or commencing court proceedings.

Warranty

Our technical advice is given in good faith but without warranty. The application and use of our products are out of our control, and therefore, we are unable to warrant pasture or crop performance to a specific level.

Our recommendations rely on information provided to us by the Buyer (including soil analysis reports). Livestock should not be grazed on recently top-dressed pasture until the fertiliser has disappeared from foliage.

Nothing in these terms shall affect the rights of the Buyer under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

Liability

The Company shall not be liable for any loss of any kind whatsoever suffered by the Buyer as a result of any breach under the contract, including any cancellation of the contract, nor shall the Company be liable for any loss, damage or injury caused by or to the Buyer’s agents, contractors, buyers, visitors, tenants, trespassers or other persons.

The Buyer shall indemnify the Company against any claim by any such person.