Terms and conditions
Terms and conditions of trade
The following are the Terms and Conditions of trading with Summerland Farm (“us” or “our”) for the supply of each item (“Item”) to the Customer (“you”, “your” or “I”). By placing an order with us you acknowledge that you have read and understood the Terms and Conditions and agree to be bound by them.
1.1 All prices are quoted in Australian Dollars and include Goods and Services Tax (GST).
1.2 Prices are subject to alteration. We shall endeavour to update the website prices whenever a change takes place. We shall contact you prior to accepting the order if there has been a change in price. Where an item ordered is not available we may accept the order for the remaining items ordered which are available.
2.1 Any order placed through this website is subject to confirmation and acceptance by us prior to a purchase being made.
2.2 Payment can be made using direct credit to our bank account, or a credit card through this website.
2.3 Customers may use a printed order form to place orders by phone or fax. Payment for phone or fax orders can be made by credit card or by posting a bank cheque, personal cheque, business cheque or money order.
2.4 Orders will not be dispatched for shipping until the funds have cleared.
3. Delivery of Your Order
3.1 Freight will be charged in addition to the quoted purchase price at the rates set out in the schedule of freight charges. We use Australia Post or Star Track to ship orders to all locations within Australia.
3.2 Please allow 5-10 days for shipping within Australia.
3.3 Items will be delivered during normal business hours. Alternate delivery instructions can be given in the customer notes section of the order form.
3.4 Items are at the Customer’s risk once dispatched by us to the shipper and we accept no liability for the delivery of the Items by the shipper.
4. Disclaimer and limitation of liability
4.1 These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the supply of the Items and there are no other warranties, conditions or other terms that are binding on us. Any warranty, condition or other term concerning the Items which might otherwise be implied into or incorporated by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is hereby expressly excluded.
4.2 Nothing in clause 5.1 shall exclude, restrict or modify any condition, warranty, right or liability implied into these Terms and Conditions (including any condition, warranty, right or liability imposed by the Trade Practices Act 1974) where to do so is illegal or would render any provision of these Terms and Conditions void. For any liability which cannot lawfully be excluded, but can be limited, our liability is limited to our choice of replacing or paying the cost of replacing the Items.
4.3 Nothing in the Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence.
4.4 Subject to the above clauses 8.2 and 8.3, we will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
5.1 You agree to indemnify and keep indemnified, us and our related bodies corporate and their directors, officers, employees, agents and contractors in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which we or our related bodies corporate and their directors, officers, employees, agents and contractors may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to the website (or any part of it) or your breach of these Terms and Conditions.
6. Website security
6.1 All pages on our website are hosted on 128-bit shared SSL security and whilst we make all reasonable endeavours to ensure the integrity and security of the server, we do not guarantee that the server will be free from unauthorised use or hacking.
7. Third party links
7.1 We assume no responsibility and accept no liability for the condition, content or goods and services available on third party websites which may be linked to or accessed from the Website.
8. Applicable law
8.1 These Terms and Conditions are governed by and construed in accordance with the laws of the State of New South Wales, or where applicable the laws of the Commonwealth of Australia, and you agree to submit to the exclusive jurisdiction of the courts of that State or, where applicable the Courts of the Commonwealth.
9. Variation of Terms and Conditions
9.1 We may vary these Terms and Conditions from time to time. Any variations will be posted on the website