Island Biologicals Pty Ltd, ABN 25 633 565 769 of 66 Teatree Lane, Oxley Island NSW, 2430 (Island Biologicals) manufactures and sells high quality natural biostimulants (Products). You includes any customer of Island Biologicals other than a customer that has executed a separate agreement with Island Biologicals for the supply of Products.
At Island Biologicals, we believe that ‘life creates life’. Everything from planetary life support systems, to plant vitality and productivity, and human health and wellbeing can be enhanced by embracing natural processes. We wish to work with people and organisations that are aligned with these commitments.
TERMS OF SUPPLY
- Application of the Sales Terms
1.1 These Sales Terms apply to the Sale of all Products by Island Biologicals.
1.2 Island Biologicals may amend, revoke or replace these Sales Terms at any time. - Sale of Products
2.1 You may request Products (an Order) by email, telephone or through our website. Payment is due at the time of Order. - Availability
3.1 Products are subject to availability and Island Biologicals will discuss any availability issues with you.
3.2 If the Product you Order is not available Island Biologicals will provide a refund or alternative. - Delivery
4.1 You may request delivery of the Products. Delivery is undertaken at your risk and cost.
4.2 Delivery timing is affected by delivery availability, timing of delivery runs and distance.
4.3 Island Biologicals will use its best efforts to ensure that the Products are properly packed and secured in a manner to enable them to reach their destination in good condition. - Product warranties and product quality
5.1 The Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
5.2 Island Biologicals warrants only that the Products are of merchantable quality and fit for the purposes described by Island Biologicals and that the Products comply with all applicable statutory and regulatory requirements.
5.3 Other than those expressly set out in clause 5.2, Island Biologicals excludes all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Products to the maximum extent permitted by law.
5.4 Island Biologicals is not liable for a Product’s failure to comply with the warranty set out in clause 5.2 in any of the following events:
(a) you fail to follow Island Biologicals’ oral or written instructions for the storage, or use of the Products or best industry practice;
(b) the defect arises because of wilful damage, negligence, or abnormal storage or working conditions; or
(c) the Products differ from their description because of changes made to ensure they comply with applicable statutory or regulatory requirements.
5.5 If the Products don’t meet the warranty under clause 5.1 or any applicable statutory warranty Island Biologicals may, at Island Biologicals’ option:
(a) replace the Products or supply equivalent goods;
(b) reimburse you for the cost of replacing the Products or of acquiring equivalent goods; or
(c) refund the Product Price for the Products.
5.6 This clause 5 applies to any replacement Products supplied by Island Biologicals. - Limitation of liability
6.1 Subject to the other terms of this clause 6, Island Biologicals’ maximum aggregate liability to you for breach of these Sales Terms or any contract formed pursuant to the acceptance of an Offer, under any indemnity, in tort or breach of any Law, is limited to the remedies in clause 3 in respect of defective Products.
6.2 Subject to the other terms of this clause 6, each party excludes any liability to the other, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with this agreement, including any loss of profits, loss of sales or business, loss of production, loss of agreements or contracts, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill, loss of reputation, or loss of use or corruption of software, data or information.
6.3 Nothing in this agreement affects the application of all or any of the provisions of Part 5-4 of the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) (ACL), or the exercise of a right conferred by such a provision, or any liability of Island Biologicals in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the ACL to a supply of goods or services.
6.4 Nothing in this agreement limits or excludes either party’s liability:
(a) for death or personal injury caused by its negligence or wilful misconduct or that of its employees, as applicable;
(b) for fraud or fraudulent misrepresentation by it or its employees, as applicable; or
(c) where liability cannot be limited or excluded by applicable law. - Entire agreement
These Sales Terms state all the express terms agreed by the parties about its subject matter. It supersedes all prior agreements, understandings, negotiations and discussions in respect of its subject matter. - Governing law and jurisdiction
The Sales Terms are governed by the law in force in New South Wales. Each party irrevocably submits to exclusive jurisdiction of courts exercising jurisdiction in New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement.