Terms & Conditions

 

Last revised October 10, 2023

Thank you for visiting sonicnaturalfarming.com.au. These terms and conditions are subject to change by Sonic Natural Farming (hereinafter “COMPANY”) at any time, without notice.

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
(Cth)

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 Words imparting the singular number include the plural and vice-versa

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.
7.5 The Buyer covenants to the Seller that it shall sign anything and do anything the
Seller requires to further or more effectively secure the Seller’s rights over the
applicable Goods or under these terms and conditions. This includes anything the
Seller requires in order for it to:
(1) register and maintain (including renew before expiry) one or more
financing statements in relation to any Security Interest in the relevant
Goods created by these terms and conditions and/or any Order;
(2) remove any financing statement which is registered against the
Buyer or in relation to a Security Interest which is not a Permitted
Security Interest; and
(3) obtain possession or control of any Goods for the purposes of
perfecting any Security Interest in that property by possession or control
for the purposes of the PPS Act.
7.6 The Buyer waives its rights to receive a verification statement in respect of any
financing statement or financing change statement registered by or on behalf of the
Seller under the PPSA to the extent permitted by the PPSA and agrees to that as
between the Seller and the Buyer, to the extent permitted by the PPSA, the Buyer
will have no rights under (or by reference to) sections 95, 96, 117, 118, 120, 121(4),
123, 125, 126, 128, 129, 130, 132(3)(d), 132(4), 134(1), 135, 142 and 143 of the
PPSA.

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