TERMS OF MEMBERSHIP AND SALE
These terms and conditions apply to customers and members ("Customer", "you" or "your") of Federated Farmers of New Zealand Incorporated ("Federated Farmers"). By becoming a Customer of Federated Farmers you agree to be bound by these terms and conditions.
SUPPLY OF GOODS AND SERVICES
All goods (including template agreements) and services supplied by Federated Farmers to the Customer are supplied on the basis set out in these terms.
1.1 Any time stated for delivery is an estimate only and Federated Farmers is not liable for any delay in
delivery however caused.
1.2 Delivery of all goods will be deemed to be completed upon collection of the goods by you, or delivery of
the goods to you or to a carrier nominated by you (as applicable).
2 RISK AND OWNERSHIP
2.1 Ownership of all goods remains with Federated Farmers until payment is received in full in respect of
2.2 While under Federated Farmers' ownership, Federated Farmers representatives may enter the premises
where the goods are stored at any time and remove them. Federated Farmers will not be responsible for
any loss, damage or costs which arise as a result of such entry and repossession. Federated Farmers may
resell the goods to recover any outstanding debt owed by you.
3.1 We may at our discretion accept returns. All returns must be made within ten days of delivery or such
longer term as we may agree.
3.2 Federated Farmers will only accept returned goods which are part of its usual stock in trade and not
custom made for the Customer, and only if the following conditions are met: (i) The goods are in the
same repair and condition as when supplied (ii) The invoice for the goods is produced or identified
(iii) The Customer will pay all costs in relation to the return of the goods.
4 TERM OF MEMBERSHIP AND RESIGNATION
4.1 If you become a member of Federated Farmers, you agree to these payment terms.
4.2 Unless a suitable reason is given to Federated Farmers and Federated Farmers accepts such reason,
resignation of membership will not absolve liability in respect of any payment in arrears or to the
subscription payments remaining due for the financial year in which the resignation is tendered.
4.3 Federated Farmers is under no obligation to provide a refund following the resignation termination
(for whatever reason) of a membership.
4.4 The above clauses 4.2 and 4.3 are subject to Federated Farmers' absolute discretion.
5 PAYMENT METHODS
5.1 Bank Direct Debit Authority:
5.1.1 Direct debit authority is only available, and is strictly restricted to, payments of annual
subscriptions to Federated Farmers. Payment via direct debit authority does not
cover any other goods or services supplied by Federated Farmers.
5.1.2 Federated Farmers offers an annual subscription only and a direct debit authority for
partial payments is a commitment to pay the full annual amount over the course of the
5.1.3 Direct debit authority can be set up on monthly, quarterly or biannual options, deductions
are made on the 20th or next working day of the month in which payment is due.
5.1.4 If you cancel a direct debit during the term of your membership without the consent of
Federated Farmers, the balance owing for the remainder of the term will be a debt owed
to, and recoverable by, Federated Farmers.
5.2 Purchasing Cards – Farmlands/CRT, Farm Source, ATS/RuralCo:
5.2.1 Purchasing cards may be used for payments of annual subscriptions to Federated Farmers
and for all goods and services supplied.
5.2.2 Annual subscriptions paid by purchasing cards can be paid in full or on a Quarterly payment
basis only. Goods and services are paid in full monthly.
5.2.3 The customer will be invoiced on the 1st of the month in which payment is due, with payment
to be made by the end of that month.
5.3 Dairy Order – Fonterra, Tatua.
5.3.1 Payment by dairy order is only available, and is restricted to, payments for annual subscriptions
to Federated Farmers. The Order DOES NOT cover any other goods or services supplied by
5.3.2 Annual subscriptions paid by dairy order must be paid in full
5.3.3 You will be invoiced on the 1st of the month in which payment is due, with payment to be made
by the end of that month.
6 TERMS OF PAYMENT
6.1 For account purchases, the balance of the purchase price is to be paid by the 20th of the month following
invoice. You may not withhold payment or make any deductions from amounts owing without
Federated Farmers' prior written consent.
6.2 Errors or omissions made by Federated Farmers in any pricing, quoting or invoicing are subject to
correction by us.
6.3 Without prejudice to any other rights, Federated Farmers may set off any debts or liabilities owed to it
against any amount it may owe to you.
7.1 In the event of payment not being made by the due date Federated Farmers will be entitled to take all
or any of the following steps without prejudice to any other right or remedy: (i) Terminate or suspend
your membership (ii) Place your account on hold or alter its status to cash only (iii) Take such steps as
it considers necessary to recover outstanding amounts (iv) Recover from you any discount given on the
unpaid goods or services.
7.2 Federated Farmers is entitled to recover from you all legal and other costs incurred arising from the
collection of the outstanding amount owing, or late payment, non-payment or other breach of these
terms by you.
8 WARRANTIES AND LIABILITY
8.1 Nowithstanding anything in these terms, Federated Farmers will never be liable in connection with
any supply of goods or service for any:
8.1.1 Loss whatsoever, including loss of income, profits, savings or goodwill or for any indirect
consequential loss or special exemplary damages; or
8.1.2 Amount exceeding the purchase price for defective goods; or
8.1.3 Amount not claimed within seven days of the liability arising.
8.2 Where goods or services are supplied for the purposes of business, and it is reasonable to do so,
the provisions of the Consumer Guarantees Act 1993 will not apply. Where the Consumer Guarantees
Act 1993 does not apply, the following limitations on Federated Farmers' liability will be applicable:
8.2.1 Federated Farmers liability to you for breach of any implied warranty or condition which cannot
be excluded is limited to the supply of the goods or services again or the payment of the cost of
having the goods or service supplied again.
8.2.2 Apart from refunding to you the price paid for any goods or service which Federated Farmers has
been unable to supply, Federated Farmers has no liability to you for any loss or damage (either
direct, indirect or consequential, including a loss of profit) suffered by you or any other person
as a result of using Federated Farmers goods or services or any failure in providing those goods
8.2.3 Federated Farmers' liability (however arising) in respect of any claims for loss, damage or injury
which arises under Federated Farmer's contract with you will not in aggregate exceed the price
paid for goods or services in relation to which the loss, damage or injury arose.
9.1 Federated Farmers may refuse at any time and without reason to sell goods on credit to the Customer.
9.2 Federated Farmers may from time to time amend these terms and conditions by posting to the address
for service of the Customer a written set of these amended terms. The Customer and any Guarantors
agree that the amended terms will be effective upon posting and are deemed accepted by the Customer
and any Guarantors by the Customer placing any order after the date of posting.