These Terms and Conditions ("Terms") constitute a binding agreement (the "Agreement") between you, the customer ("Customer"), and Nature's Cargo ABN 53 006 714 450 ("Nature's Cargo," "we," "us," or "our") governing your purchase of our products. By placing an order with Nature's Cargo, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions set forth herein (collectively, the "Agreement").
1. Sale and Delivery of Goods
1.1 These terms and conditions govern the sale and delivery of goods by Nature's Cargo to its Customers.
1.2 The terms of this agreement supersede any other terms and conditions, and acceptance is implied unless notified otherwise in writing by the Customer.
1.3 Credit terms are subject to approval by Nature's Cargo, and the granting of credit is at Nature's Cargo's sole discretion.
1.4 Nature's Cargo reserves the right to refuse or cease supply to any Customer for any reason.
2. Payment Terms
2.1 Accounts are due and payable by the date stated on the invoice or as otherwise notified by Nature's Cargo in writing.
2.2 Late payments may result in a late payment fee (and/or)and the disallowance of discounts.
2.3 Nature's Cargo may withdraw or vary credit terms upon written notice to the Customer.
3. Defaults
3.1 Late payments may result in the suspension of supply or closure of the Customer's account.
3.2 Nature's Cargo may take legal action to recover outstanding debts.
4. No Terms Payment Before Delivery or On Delivery
4.1 For Customers without payment terms full payment must be received and verified by Nature's Cargo before or at the time of delivery, depending on the chosen payment method.
Delivery Terms
5.1 Deliveries will be scheduled based on the date chosen by the customer at checkout.
5.2 Payment for cash sales is required before or on the desired delivery date, goods will not be left with a customer unless payment has been received
5.3 Delivery windows are a guide only and may differ on the day of delivery
6. Prices
6.1 Prices are subject to change without notice.
7. Freight and Administrative Charges
7.1 Nature's Cargo bears freight costs for deliveries and may pass on additional delivery fees as determined by Nature's Cargo.
7.2 Administration fees may apply for orders below a minimum commercial value or as specified at checkout.
8. Acceptance and Returns Policy
8.1 Customers must inspect all products within 12 hours of receipt.
8.2 Returns must be notified to Nature's Cargo within 24 hours of receipt, and goods returned without prior authorisation (Return Authorisation - RA No.) will not be accepted.
8.3 Goods must be returned in their original packaging and condition, and a restocking fee may apply.
9. Warranty
9.1 Goods are warranted to be of merchantable quality and fit for their intended purpose.
9.2 Notification of defects must be made within 24 days of delivery, and Nature's Cargo may choose to replace or refund defective goods at its sole discretion.
10. Limitation of Liability
10.1 Nature's Cargo's liability is limited to the value of the goods supplied and is not responsible for any loss or damage to goods during transit caused by any event of any kind by any person.
10.2 Nature's Cargo is not liable for indirect or consequential losses.
11. Indemnity
11.1 Customers agree to indemnify Nature's Cargo against any claims arising from breach of these terms.
12. Force Majeure
12.1 If for any reason beyond the control of Nature's Cargo, including without limitation as a result of any strike, loss of power, trade dispute, fire, tempest, theft, or breakdown, orders cannot be filled at the time stipulated by the Customer, Nature's Cargo shall (at its sole discretion and without prejudice to the rights of Nature's Cargo to recover any sums owing to it in respect of deliveries made or provided prior to the date of such determination) be entitled to either:
Cancel any order for goods placed by the Customer with Nature's Cargo; or
Determine any contract between Nature's Cargo and the Customer that may have arisen by reason of the operation of these terms.
The Customer shall have no claims for damages arising out of any such cancellation and/or determination whether or not the Customer receives notice of any such cancellation and/or determination.
13. Law and Jurisdiction
13.1 These trading terms shall be governed by the laws in force in the State of Victoria and the parties agree that all claims and disputes shall be determined in the Court of competent jurisdiction nearest Courts in Melbourne.
14. General
14.1 Failure to enforce any term does not waive Nature's Cargo's rights.
14.2 Assignment of rights requires written consent from Nature's Cargo.
14.3 These terms constitute the entire agreement between the parties, superseding any prior or contemporaneous communications, representations, or agreements.
14.4 Each party bears its own costs related to this agreement.
14.5 Notices must be in writing and sent to the specified addresses of each party.
14.6 These terms may be varied, and in such an event, Nature's Cargo will notify the Customer of the changes.
We recommend reviewing these terms thoroughly before placing an order. If you have any questions, please don't hesitate to contact us.