Terms & Conditions
Last revised April 10, 2024
Thank you for visiting sonicnaturalfarming.com.au. These terms and conditions govern your use of this web site. By accessing this web site, you are acknowledging and accepting these terms and conditions.
Your use of this web site after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the terms and conditions each time you use this web site.
1. DEFINITIONS
In these terms and conditions, unless the context otherwise requires:
1.1.”GST” means Goods and Services Tax or other tax that is substituted or replaces the GST tax.
1.2.”Seller” means Sonic Natural Farming Pty Ltd (Australia).
1.3.”Buyer” means any person or persons, company or business entity to whom the Seller sells or supplies, or proposes to sell or supply, Goods or Services.
1.4.”Goods” means the goods or products supplied or sold by the Seller to the Buyer from time to time.
1.5.”Supplier” means the Seller.
1.6. “Services” means any services provided by the Supplier.
1.7.”PPSA” means the Personal Property Securities Act 2009 (Cth) as amended from time to time.
1.8.”Quote” means any quote that remains valid for 30 days and includes only the Goods.
1.9. “Order” means a purchase order issued by the Buyer to the Supplier in writing via email or a system generated document or any other suitable media.
1.10 “GST Law” means the New Tax System (Goods and Services Tax) Act 1999.
2. GENERAL
2.1 These Terms and Conditions will apply to the purchase of the goods detailed in Seller’s quote or order by the Buyer from Sonic Natural Farming Pty Ltd a company registered in NSW, Australia under ABN 41 655 759 863 whose registered office is at PO Box 31, Bellingen, NSW, Australia, 2454 (we or us).
2.2 These Terms and Conditions will be deemed to have been accepted by Buyer when Buyer issues an order or any act by the Seller which indicates fulfilment of order or from the date of any delivery of the Goods (whichever happens earlier) and will constitute the entire agreement between Buyer and Seller.
2.3 These Terms and Conditions and the quotation (together, the Contract) apply to
the purchase and sale of any Goods between Buyer and Seller, to the exclusion of any other terms that Buyer try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.4 Any quotation by Seller is not and shall not be interpreted as an offer capable of acceptance or as creating an obligation to sell.
2.5 All drawings, specifications & details furnished by Seller or contained in catalogues, price list or website are by way of general description only of the Goods and shall not form part of this contract.
2.6 If a Buyer cancels or modifies any Order or part Order for Goods with specifications requested by the Buyer or standard Goods with non-standard materials at any time after the Seller has received the Order then without prejudice to any other rights the Seller has against the Buyer the Seller reserves the right to charge the Buyer costs and charges for materials already acquired for the Order together with the cost of any labour and tooling expended to the date of such cancellation or alterations.
2.7 Terms and Conditions of Giveaway: Once a year free giveaway of 180 Litres of Fresh Liquid Seaweed includes delivery within Australia, and commences 2nd April, 2024 from 8am and is drawn on 28th September, 2024 at 1pm AEST. To be eligible to win, entrants must be permanent residents of Australia and be 18+. The winners will be announced 28th September at 1pm. The winner will be drawn at random. The winner will be contacted via the phone number and email used to enter into the draw. The winner will be published across all online sites where this promotion is advertised. If the winner fails to respond and claim their prize, the winner forfeits their prize. This giveaway is non-transferable. If the winner cannot claim the prize, they cannot sell it or give it away. This giveaway is subject to Australian Consumer Law.
2.8 Product Liability Terms: SONIC Natural Farming products are offered to you conditioned upon your acceptance without modification of the terms, conditions and notices contained herein. Condtions of Sale: All SONIC Natural Farming products are produced and sold in good faith. No guarantee is given as conditions and methods under which the product is stored and used, and are beyond the control of SONIC Natural Farming Pty Ltd. Before using, user should determine the suitability of the product for his or her intended use and user assumes the risk and liability in connection therewith.
Use limitation
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create, derivative works from, transfer, or sell, any information, products or services obtained, from SONIC Natural Farming Pty Ltd’s website, training programs, or its products.
Disclaimer
No claims, representations or warranties, whether express or implied, are made by SONIC Natural Farming Pty Ltd as to the safety, reliability, durability and performance of any of the companies’ products. Furthermore, SONIC Natural Farming accepts no liability whatsoever for the safety, reliability, durability and performance of any of the companies’ products.
The Do-it-yourself Seaweed Biofertiliser Kit, sold by SONIC Natural Farming, is for usage in making Biological Fertiliser and Probiotic Liquid Seaweed for Livestock only, and not deemed a standalone product. The ingredients contained in the Kit are 100% natural, sourced and manufactured in Australia. These products are not for human consumption and are intended solely for the purpose of making Biological Fertiliser, according to the directions given, by users. Due to the nature of this product outcomes may vary, which is why SONIC Natural Farming provide in-depth training and fermentation certification for users who opt to participate in available courses so that they can increase the likelihood of successful outcomes.
This Do-it-yourself Seaweed Biofertiiser Kit is provided as is without any guarantees of outcomes or warranty. In association with the product, SONIC Natural Farming Pty Ltd, makes no warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, of title, or of noninfringement of third party rights. Use of the product by a user is at the user’s risk.
Entire Obligation
This Product Liability Disclaimer document states the entire obligation of SONIC Natural Farming Pty Ltd with respect to the products. If any part of the disclaimer is determined to be void, invalid, unenforceable or illegal, including, but not limited to the warranty disclaimers and liability disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full force and effect.
3. PRICE
3.1 The price (Price) of the Goods is set out in Seller’s quotation current at the date of Buyer’s order or such other price as we may agree in writing.
3.2 If the cost of the Goods to Seller increases due to any factor beyond Seller’s control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, Seller can increase the Price prior to delivery.
3.3 Any increase in the Price under the clause above will only take place after Seller has informed the Buyer about it.
3.4 The Price is inclusive of fees for packaging and transportation / delivery unless otherwise stated.
3.5 Prices quoted are based on the full quantities specified and do not necessarily operate pro rata for any greater or less quantities.
3.6 In the event of the suspension of manufacture or supply on the Buyer’s instruction, or lack thereof, or due to the inability of Buyer to accept the Goods for any reason on or after the date on which they are ready for delivery, Buyer shall be liable for all extra costs and losses thereby incurred by Seller.
3.7 Price quoted is inclusive of GST, the Buyer is required to pay the applicable GST to the Seller along with the Price at the same time when the Price is due as per the sale terms & conditions.
4. PAYMENT
4.1 Seller will invoice Buyer for the Price either:
4.1.1 On or at any time after delivery of the Goods; or
4.1.2 Where the Goods are to be collected by Buyer or where Buyer wrongfully do not take delivery of the Goods, at any time after Seller has notified Buyer that the Goods are ready for collection or Seller has tried to deliver them.
4.2 Buyer must pay the Price within 3 days of the date of our invoice or otherwise according to any credit terms agreed between us.
4.3 If Buyer does not pay within the period set out above, Seller will suspend any further deliveries to Buyer.
4.4 Time for payment will be of the essence of the Contract between Buyer and Seller.
4.5 All payments must be made in Australian Dollar unless otherwise agreed in writing.
4.6 Both parties must pay all amounts due under these Terms and Conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
5. DELIVERY
5.1 Seller will arrange for the delivery of the Goods, via Australia Post, to the address specified in the quotation, or Buyer’s order or to another location as agreed in writing between the Buyer & Seller.
5.2 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. Seller will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond Seller’s control or Buyer’s failure to provide Seller with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
5.3 Seller can deliver the Goods by installments, which will be invoiced and paid for separately. Each installment is a separate contract. Any delay in delivery or defect in an installment will not entitle Buyer to cancel any other installment.
6. INSPECTION & ACCEPTANCE OF GOODS
6.1 It is Buyer’s responsibility when accepting this contract or ordering to ensure the Goods ordered conform to Buyer’s requirements and are suitable and sufficient for Buyer’s purpose.
6.2 Buyer must inspect the Goods on delivery or collection.
6.3 If Buyer identifies any damages or shortages, you must inform us in writing within 7 days of delivery, providing details.
6.4 Other than by agreement, Seller will only accept returned Goods if Seller is satisfied that those Goods are defective and if required, have carried out an inspection.
6.5 Subject to Buyer’s compliance with this clause and/or Seller’s agreement, Buyer may return the Goods and Seller will, as appropriate, repair, or replace, or refund the Goods or part of them.
6.6 Seller will be under no liability or further obligation in relation to the Goods if:
6.6.1 If Buyer fails to provide notice as set above; and/or
6.6.2 Buyer makes any further use of such Goods after giving the defect arises because Buyer did not follow Seller’s oral or written instructions about the storage, commissioning, installation, use and maintenance of the Goods; and/or
6.6.4 The defect arises from normal wear and tear of the Goods; and/or
6.6.5 The defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by Buyer, Buyer’s employees or agents or any third parties.
6.7 Buyer bear’s the risk and cost of returning the Goods.
6.8 Acceptance of the Goods will be deemed to be upon inspection of them by Buyer and in any event within 1 day after delivery.
7. RISK & TITLE
7.1 The risk in the Goods will pass to Buyer on completion of delivery.
7.2 Title to the Goods will not pass to Buyer until Seller has received payment in full (in cash or cleared funds) for: (a) the Goods and/or (b) any other goods or services that Seller has supplied to Buyer in respect of which payment has become due.
7.3 Until title to the Goods has passed to Buyer, Buyer must (a) hold the Goods on a fiduciary basis as our bailee; and/or (b) store the goods separately and not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and/or (c) keep the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.
7.4 As long as the Goods have not been resold, or irreversibly incorporated into another product, and without limiting any other right or remedy Seller may have, or can at any time ask Buyer to deliver up the Goods and, if Buyer fail to do so promptly, enter any of Buyer’s premises or of any third party where the Goods are stored in order to recover them.
8. LIMITATION OF LIABILITY
8.1 Seller’s liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this clause.
8.2 Subject to the clauses above on Inspection and Acceptance and Risk and Title, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
8.3 Seller total liability will not, in any circumstances, exceed the total amount of the Price payable by you.
8.4 If Seller does not deliver the Goods, Seller liability is limited, subject to the clause below, to the costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
8.5 Seller will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for:
8.5.1 any indirect, special or consequential loss, damage, costs, or expenses; and/or
8.5.2 any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or
8.5.3 any failure to perform any of Seller’s obligations if such delay or failure is due to any cause beyond Seller’s reasonable control; and/or
8.5.4 any losses caused directly or indirectly by any failure or breach by Buyer in relation to Buyer’s obligations; and/or
8.5.5 any loss relating to the choice of the Goods and how they will meet Buyer’s purpose or the use by Buyer of the Goods supplied.
8.6 The exclusions of liability contained within this clause will not exclude or limit Seller’s liability for death or personal injury caused by Seller’s negligence; or for any matter for which it would be illegal for Seller to exclude or limit Seller’s liability; and for fraud or fraudulent misrepresentation.
9. COMMUNICATIONS
9.1 All notices under these Terms and Conditions must be in writing and accepted by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
10. FORCE MAJEURE
10.1 Neither party shall be liable for any failure nor delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.
11. LEGAL DISCLAIMER
The information provided on https://sonicnaturalfarming.com.au is for general and educational purposes only. The authors of this website, have taken all reasonable care to ensure that the information contained in the site is accurate and correct.
Furthermore, the information made available on this website, including any expression of opinion and any projection or forecast, has been obtained from or is based upon sources believed by the authors to be reliable. However, the accuracy or completeness of these sources cannot be guaranteed by the authors. The information is supplied without obligation and on the understanding that any person who acts upon it, or otherwise changes his/her position in reliance thereon, does so entirely at his/her own risk.
Under no circumstances will Sonic Natural Farming, or its subsidiaries or any of the companies Directors, Officers, Employees or Licensors be liable (jointly or severally) for any special incidental, indirect or consequential damages of any kind incurred as a result of the use of this site or reliance on the information provided.
12. INTELLECTUAL PROPERTY
All content available on this web site is protected by copyright, trademark, service mark, patent, trade secrets, or other proprietary rights and laws. Except as expressly authorised by Sonic Natural Farming, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such content.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this web site is strictly prohibited without the express written permission of Sonic Natural Farming. For information on requesting such permission, contact info@sonicnaturalfarming.com.au.
13. LIMITATIONS OF USE
If you are provided a password to access this web site, then that password is for your personal use only, unless otherwise specified. You are responsible for the security of your password.
14. INDEMNIFICATION
Upon a request by Sonic Natural Farming, you agree to defend, indemnify, and hold Sonic Natural Farming and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this web site or from your violation of the terms and conditions stated herein.
11. SEVERANCE
If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
12. LAW & JURISDICTION
These Terms and Conditions are governed by and interpreted according to Australian law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the Australian courts.
Contact Details
Full name of legal entity: Sonic Natural Farming Pty Ltd
Postal address: PO Box 31, Bellingen, NSW 2454 Australia.
Contact