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Terms and Conditions
NU-HARVEST PTY LTD (ACN 113 683 784; ABN 17 113 683 784)
1. Important Notice to User
1.1 By accessing, browsing, or using this site, you acknowledge
that you have read, understood, and agree to be bound by these Terms
of Use. If you do not agree to these Terms of Use, then please do
not use this site.
1.2 These Terms of Use are incorporated into every contract for
the supply of product between you and Nu-Harvest Pty Ltd.
1.3 “Nu-Harvest Pty Ltd”, "we" and "
us " are used interchangeably and mean the same thing according
to the context.
1.4 "You" are the person who accesses, browses or uses
this site.
2. Governing Law
2.1 These Terms of Use are governed by the laws of the State of
Queensland. You and Nu-Harvest Pty Ltd agree to submit to the non-exclusive
jurisdiction of the courts of the State of Queensland.
2.2 If you choose to access this site from another location, you
are responsible for compliance with applicable local laws.
3. Revisions to Terms of Use
3.1 Nu-Harvest Pty Ltd may revise or amend these Terms of Use at
any time in its absolute discretion by posting revised terms.
3.2 You agree that, in the event that any portion of these Terms
of Use is found to be unenforceable, the remainder of these Terms
of Use remain in force with any necessary changes to be made.
3.3 Any revisions will be effective immediately. By continuing to
use this site after any revision becomes effective, you agree to
be bound by these Terms of Use as so revised.
4. Personal, Non-Commercial Use
4.1 Permission is granted to display, copy, distribute, download,
and print in hard copy portions of this site solely for the proper
and reasonable purposes of:
(1) placing an order with Nu-Harvest Pty Ltd; or
(2) using this site as a shopping resource, provided that you do
not modify the site and that Nu-Harvest Pty Ltd retain all copyright
and other proprietary notices contained in the Contents.
4.2 You must not, without our prior written permission, exploit
any of our site materials for commercial purposes or other purposes
that are not expressly permitted under these Terms of Use.
5. Ordering Goods
5.1 Orders Binding: 5.1.1 Any order placed by you in the manner
described in this site is an offer by you to us to purchase a particular
product for the price (including the delivery and other charges)
specified on this site at the time you place your order. 5.1.2 We
may require additional verification or information before accepting
any order. 5.1.3 Subject to clause 5.2, any order you place within
clause 5.1.1 is binding and irrevocable, and obliges us to obtain
and deliver the product ordered.
5.2 Agreement to Pay and Cancellation: You acknowledge that, by
placing your order, you are agreeing to pay for and accept delivery
of the goods ordered unless you ask us to cancel that order within
[72 hours] after the order is placed, and we send you written confirmation
of the cancellation, prior to the goods being dispatched to you.
5.3 Changes to Prices: Nu-Harvest Pty Ltd may change the prices
published on this website at any time. While every effort has been
made to ensure the accuracy of prices and information displayed
on the Nu-Harvest Pty Ltd website, Nu-Harvest Pty Ltd reserves the
right to accept or reject your offer for any reason, including,
without limitation, the unavailability of any product, an error
in the price or the product description posted on this site, or
an error in your order.
5.4 Australian Orders Only: We only accept orders from within mainland
Australia (unless we agree otherwise).
5.5 Current Price List: Prices displayed on this site are nominated
in Australian dollars and are current at the time of issue, but
may change at any time and are subject to availability. Prices and
availability of items are subject to change without notice.
6. Delivery of Product
6.1 Place of Delivery: Nu-Harvest Pty Ltd will deliver the products
you ordered to your nominated address as indicated in the online
order form. By nominating that address, you are promising that there
is someone who is lawfully able to take delivery on your behalf
at your nominated address.
6.2 Time of Delivery: Nu-Harvest Pty Ltd will deliver the products
you ordered within the [48 hours] from the time your order is binding
unless we notify you (whether by telephone, e-mail, facsimile, letter
or in person) about another time of delivery (in which case that
substituted time of delivery applies).
6.3 Quantity of the Product Delivered: Nu-Harvest Pty Ltd promises
to use its best efforts to deliver the exact quantity of products
ordered but you may not terminate this order or reject it if Nu-Harvest
Pty Ltd under-delivers or over-delivers. Nu-Harvest Pty Ltd will
credit you or refund you (as decides) if there is an under-delivery
of products ordered.. You promise to pay Nu-Harvest Pty Ltd at the
contract unit rate if there is any over-delivery of products within
five business days after the date on which the products are delivered
to you.
6.4 Delivery to Your Representative: if you have stated, whether
when or after placing your order for products, that you will arrange
for collection of the products ordered using your own representative
(whether yourself, your employee, any agent of yours or any carrier
nominated by you), then delivery to your representative is taken
to be delivery to you.
7. Returns Policy
7.1 Money back Guarantee: At Nu-Harvest Pty Ltd we offer a [3-day]
money back guarantee. If you are not completely satisfied, Nu-Harvest
Pty Ltd will cancel your bill or refund your money. Your rights
of examination of the products are limited to [3-days] only.
7.2 Returns: Goods must be returned within [3 days] of the invoice
date for a refund or replacement.
8. Title and Risk
8.1 Title: Title to the products purchased on this site does not
pass from Nu-Harvest Pty Ltd to you until we have received payment
in full for the products.
8.2 Risk: All risk in the products passes to you upon delivery.
9. Disclaimer of Liability
9.1 To the extent permitted by law, Nu-Harvest Pty Ltd will not
be liable, in contract, tort (including negligence) or otherwise,
for any direct, indirect, special, consequential or punitive loss
or damages or any loss or damages whatsoever, including (but not
limited to) loss of use, data, or profits, arising out of or in
connection with:
(a) the use, copying, or display of the contents of this site;
(b) products supplied by Nu-Harvest Pty Ltd under these Terms of
Use; or
(c) a failure or omission on the part of Nu-Harvest Pty Ltd to comply
with its obligations under these Terms of Use.
10. Disclaimer of Warranty
10.1 Nu-Harvest Pty Ltd is providing this site and its contents
on an “as is” basis and use of this site is at your
own risk. The content is believed to be accurate, complete, current
and reliable at the date the information was placed on the site.
10.2 Nu-Harvest Pty Ltd is not responsible for typographical or
photographic errors on this site, including any such errors in relation
to prices.
10.3 None of Nu-Harvest Pty Ltd, its related companies, affiliates,
licensors or licensees, nor any of their respective directors, officers,
employees or agents, makes any representation or warranty as to
the accuracy, completeness, currency or reliability of the information
contained on this site (including in relation to any products or
services). To the extent permitted by law, including any non-excusable
statutory obligations, none of them will be liable or responsible
in any way (including in negligence) for errors in, or omissions
from, the information contained on this site.
10.4 To the extent permitted by law, Nu-Harvest Pty Ltd expressly
disclaims all warranties of any kind, whether express or implied,
including (without limitation) implied warranties or conditions
of merchantability or fitness for purpose.
11. Limitation of Liability
11.1 Our total liability to you (if any) in connection with this
site, or with these Terms of Use or any goods supplied under them,
will be limited, at our election, to:
• in the case of information or services supplied or offered
by us - the re-supply of the information or services or payment
of the cost of doing this;
• in the case of goods supplied or offered by us – repair
or replacement of the goods, supply of equivalent goods, or payment
of the cost of doing this; or
• the amount paid by you (if any).
12. Indemnity
12.1 You indemnify us, our related companies, affiliates, licensors
and licensees, and our respective directors, officers, employees
and agents, from and against all actions, suits, claims, demands,
liabilities, costs, expenses, loss and damage (including legal fees
on a full indemnity basis) incurred or suffered, or likely to be
incurred or suffered, by you as a direct or indirect consequence
of using this site.
13. Rights We Cannot Exclude
13.1 The disclaimer, liability limitation and indemnity in these
Terms of Use do not exclude any rights which by law may not be excluded.
14. Termination
14.1 Your ability to purchase goods from this site may be terminated
by Nu-Harvest Pty Ltd at any time without notice. All restrictions,
licences granted by you and limitations of Nu-Harvest Pty Ltd’s
liability will survive termination.
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