Terms and conditions
Contact our office for a copy of our fertiliser pre-paid order contract.
View the Fertilizer Industry Trade Rules 2017, on which BioAg has based its pre-paid order contract.
Conditions of sale
- The product has a limited shelf life and must be stored in accordance with the storage and handling directions to preserve shelf life. Failure to store correctly or use after the expiry of shelf life is a breach of the conditions of sale. As BioAg cannot exercise control over storage, handling, and the exercise of personal judgment, skill and expertise in the mixing, application or use, or weather, plant or soil conditions before, during or after application, all of which may affect the performance of the product, BioAg, to the maximum extent permitted by law, will not accept any liability for any failure in performance of the product, or any losses or damages (consequential or otherwise) under any circumstances whatsoever.
These conditions cannot by express provision orally or in writing, implication, or conduct or course of action, be modified, varied or waived by BioAg staff, distributors, or retailers. The purchaser relies on his own expertise and enquiries in purchasing, storing, handling mixing and using the product regardless of whether BioAg staff, distributors, or retailers advise or assist in the purchase, storage, handling, mixing or use of the goods, and such persons shall be entitled to the same limitation of liability as the manufacturer under these Conditions of Sale.
Except as expressly provided in these Conditions of Sale, no warranty, condition, undertaking or term, express or implied, statutory or otherwise, as to the quality or fitness for purpose of the goods is given or assumed by BioAg and all such conditions, warranties and liabilities (including liability as to negligence) express or implied relating to the goods are hereby excluded to the extent permitted by law. Where legislation implies in these Conditions of Sale any condition or warranty that cannot be excluded by contract, the liability of BioAg for any breach of such condition or warranty shall be limited, at the option of BioAg, to one or more of the following: (a) the replacement of the goods or the supply of equivalent goods; or (b) the payment of the cost of replacing the goods or of acquiring equivalent goods.