- CountryCorn® ordering service (“Service”) is a service provided by Country Corn® Australia Pty Ltd (ABN 30 610 106 842) (“us”, “we”, “our”) for CountryCorn® customers (“you”), via the CountryCorn® Australia websiteor any replacement website we notify to you from time to time (“Site”).
- We recommend that you carefully read these Terms before you use the Service. If you do not agree to these Terms, you should not use the Service.
- These Terms operate in addition to any terms of trade you have previously agreed with us (for example, when you applied to become a CountryCorn® account holder). Those other terms are incorporated by reference into these Terms. If there is any inconsistency between these Terms and the other terms, these Terms prevail to the extent of the inconsistency.
Changes to these Terms
- From time to time, we may need to change these Terms to reflect our changing business. We may also need to change these Terms if we are required by law, for security reasons or for technical or infrastructure reasons.
- We may change the Terms at any time by posting the changed Terms on the Site and by posting a notice to users on the homepage stating that a change has occurred. If you continue to use the Service after being notified of a change, you will be deemed to have accepted the change.
- You may not use the Service unless and until you have registered with us as a user of the Service.
- When you register, we will give you a username and password to access the Service. You may be asked to change your username and password when you first access the Service and at subsequent intervals.
- You are responsible for keeping your username and password secret, and (if you are not an individual) for ensuring that it is only disclosed to your authorised representatives. You are also responsible for all transactions carried out via the Service using your username and password.
Use of the Service
- You may use the Service to order CountryCorn® products from the product list on the Site (“Product”).
Information about products
- We will use reasonable efforts to ensure that we have in stock the products shown in the Product List. However, we do not guarantee the availability of any products, and we will not be liable for any loss, damage or costs incurred by you or any other person if we are unable to provide you with products shown in the Product List.
- We will use reasonable efforts to include in the Product List up-to-date pictures of our products. However, at times, the pictures in the Product List may differ from the products actually supplied to you.
- Some products may have a minimum order requirement. If so, we will use all reasonable efforts to specify this in the Product List.
- You are responsible for correctly entering all requested order information. If incorrect information is entered, it may result in you receiving and being liable to pay for unwanted products.
- You may be issued with an order confirmation or receipt for orders you place via the Service. Issue of an order confirmation or receipt does not mean that your order has been accepted by us or that we will be able to complete the order in whole or in part. Orders will not be binding on us until we have delivered the order to your nominated address and you have accepted the order by signing the delivery docket.
- Products will be charged at the price applying on the date on which they are delivered to you. Any applicable taxes (including GST) will be added to the price.
Dispatch and carriage
- We will use all reasonable efforts to supply the quantity of products ordered, by the agreed delivery date. However, we will not be liable for any loss, damage or costs incurred by you or any other person if we do not do so.
- Title to products will not pass to you until you have paid for them in full. However, risk will pass to you when the products are delivered to you.
- We reserve the right to take possession of and to dispose of products as we see fit at any time until you have paid for the products in full. You authorise us to access and enter your land and premises in order to exercise these rights. For the purposes of determining which of the products in your premises have been paid in full, you and we agree that operating inventory will be treated on a first in, first out basis.
Invoicing and payment
- On delivery, we will provide you with a tax invoice specifying the total price for your ordered products including any applicable credits, taxes, service and delivery fees.
- You must pay all invoices by the date specified on the invoice. If any invoice is not paid in full on or by the due date, (without limiting any other rights we may have) we may charge you interest on the outstanding amount calculated from the due date of payment until payment is made in full. Interest will be charged at the Major Australian Bank (ANZ) benchmark rate plus 3%.
Product warranties and liability
- We warrant that products supplied by us will, on the date of dispatch, be of merchantable quality and will comply with all applicable laws. To the extent permitted by law, all other warranties, descriptions and conditions (whether express or implied) are expressly excluded.
- Our liability in respect of each order will be limited to the lesser of the price of the ordered products or the cost of replacing defective goods.
- The Service may be accessed via the CountryCorn® Australia websiteor any replacement website we notify to you from time to time.
- We will use reasonable efforts to provide access to the Service 24 hours each day, seven days per week. We will use reasonable efforts to notify you in advance of any planned disruptions to the Service by way of a service notice on the Site.
- However, we cannot and do not guarantee the availability of the Service, and will not be liable for any loss, damage or costs incurred by you or any other person if the Service is unavailable at any time.
- In addition to our obligations at law, we will use all reasonable efforts to ensure that the Service is secure and that the information you provide via the Service is kept confidential and secure.
- However, you acknowledge that all electronic and telephonic data transfers are potentially susceptible to interception by others. We cannot and do not guarantee that information you submit via the Service will not be monitored, read, or intercepted by others, and we will not be liable for any loss, damage or costs incurred by you or any other person if your information is monitored, read or intercepted in this way.
Our liability to you
- Neither we nor our related companies accept any liability (whether arising from negligence or otherwise) for any loss, damage, costs or expenses that you may suffer or incur as a result of using or accessing the Service or the Site, except to the extent that we are required by law to do so.
- In particular, except to the extent required by law, we and our related companies do not accept, and specifically exclude, liability for any business losses, or losses of data or profits, or any other direct, indirect or consequential loss or damage, which you may suffer in connection with our supply, non-supply or defective supply of the Service.
- Except as expressly stated in these Terms, we and our related companies do not give any warranties (whether express or implied) regarding the Service or the Site.
- To the maximum extent permissible by law, we and our related companies also exclude all liability to you for breach of any term, condition, or warranty implied by law into these Terms. If liability for breach of an implied term cannot by law be excluded but can be limited, then we and our related companies also limit our liability to you to the re-supply or payment of the cost of re-supplying the relevant goods or services.
Your liability to us
- To minimise the costs associated with operating the Service, we also require that you take responsibility for any harm we or our related companies suffer as a result of your use of the Service.
- You therefore agree to indemnify us and our related companies from and against any loss, damage, costs or expenses suffered by any of us arising out of or in any way connected to the use of the Service by you or someone using your username and password.
- We may terminate or suspend the Service or your access to the Service for any reason at any time. We may attempt to notify you in advance, but we are not obliged to do so.
- If the Service or your access to the Service is terminated or suspended, you will still be responsible for any fees and charges you incurred in relation to the Service before the termination or suspension date.
- We and our licensors own all intellectual property rights relating to the Site or the Service, including all intellectual property rights in any pictures, catalogues, trademarks and other content appearing on the Site. This content is provided for reference purposes only and must not be copied or otherwise reproduced without our prior written permission.
- We and you are independent contractors and no agency, partnership, joint venture or employment relationship is intended or created by these Terms.
- If any of these Terms are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.
- If we do not act in relation to a particular breach by you of these Terms, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches.
- These Terms (and your dealings with us) are governed by the law in force in the State of NSW, Australia. You and we each submit to the non-exclusive jurisdiction of the courts of that State.