1. General
a. Products means any goods or services offered for Sale by Eastwell Farms
b. Eastwell Farms may at any time and from time to time vary these Terms and Conditions (T&C’s)
c. The Seller (Eastwell Farms) agrees to supply and sell and the Buyer (You) agrees to buy and pay for the Products selected for purchase
d. The Buyer is deemed to have accepted these T&C’s by placing and order with the Seller
e. If there is any inconsistency between these T&C’s and any term or condition of any particular communication between the Buyer and the Seller, these T&C’s will prevail
f. Any failure to object to any term and/or condition contained in any communication from the Buyer, whether written or oral, shall not be deemed a waiver of these T&C’s and will not prejudice the Sellers rights under these T&C’s.
2. Quotes for Product
a. In instances where you order a custom amount of beef, we may provide you with a quote, for the supply of the in such a case the quote will remain valid for a period of 30 days from the date of the quotation, unless otherwise specified by the Seller in writing at the time of providing such quotation.
b. On the expiration of this period, Eastwell Farms may confirm or amend such quotation at its sole discretion.
3. Orders of Product
a. All orders for the Products (“Order”) shall be submitted by the Buyer to the Seller via the website by completing the online order form in writing or in such other way as may be agreed between the parties in writing.
b. Eastwell Farms may in its sole discretion accept or reject any Order.
c. Upon acceptance of any Order, we will fulfil the Order received and deliver the Products to you subject to clause 7 of these T&C”s.
d. The Buyer will be responsible for the accuracy of all personal information entered into the ordering platform.
e. Eastwell Farms does not warrant, expressly or impliedly, as to the availability of stock of any products.
f. Orders will be processed immediately, accordingly if you wish to cancel an order please contact us immediately and if we have not processed/prepared or onboarded the product/s for delivery we may in our absolute discretion cancel your order.
g. Eastwell Farms product offerings are subject to change at any time prior to purchase.
4. Prices
a. Subject to clause 4.b. and unless otherwise agreed by the parties in writing or varied by quotation or offer, the purchase price for the Products will be the price as set out in the Eastwell Farms product price list (on the website) and in effect as at the date of our acceptance of an order placed by you (the Buyer).
b. You acknowledge and agree that in the event that any Product Price quoted by Eastwell Farms is calculated on a per unit price basis or is based on minimum or specific quantities, then Eastwell Farms may amend that Product Price if there is any variation in the total quantity of Product ordered.
c. In addition to the Product Price, standard packaging and handling charges shall be payable by the Buyer. Eastwell Farms is entitled to also charge extra for packing or packaging which is not in accordance with the customary standard /method of packing or packaging.
d. Eastwell Farms reserves the right to change and adjust the price of goods as we see fit in our sole discretion at any time without specific notice to you, such change will be updated on our website.
5. GST
a. 5.1 All pricing or charges relating are inclusive of GST, where applicable.
6. Payment for Goods
a. Upon the Seller accepting an order from you, we will provide you with a Tax Invoice which will include a description of the Products ordered and the amount payable for the order.
b. Eastwell Farms does not extend credit which means you will have to pay the amount specified in the Tax Invoice prior to delivery of the Products.
c. When making payment (by any method we accept) you warrant that you are authorised to use the selected payment method further you will allow our third party payment provider to charge the amount to the selected payment method.
d. In the event that the your payment to us for products ordered fails, is reversed or charged back (before or after delivery) for any reason then Eastwell Farms will have the right, without prejudice to any other right or remedy to which we will be entitled to, and in our sole discretion, cancel, suspend (permanently or otherwise) delivery of the order and make second and or subsequent attempts to collect any money due to us and any amount outstanding is a debt due and lawfully recoverable.
e. If your payment for goods fail, you agree to indemnify us against any charge or fee levied by your financial institution or any other claim for damages for compensation or loss associated with the failure of your payment for the goods.
f. You agree to ensuring your payment method is current and valid.
7. Delivery and Passing of Risk
a. After receiving your order for Products we will notify you of when your order is ready for delivery.
b. Our products are transported directly from our Farm to the delivery address. If you are home then that’s perfect, otherwise we will leave the goods at your nominated safe place (as per your order instructions), or if no safe place is specified, the safest location our delivery driver can find. Our ordering system will then send you an email to advise you the delivery has been made. We will not accept liability for damage or loss delivery of goods that are delivered to your property beyond our delivery.
c. Given the perishable nature of our products you should refrigerate or freeze your products immediately after delivery, or as soon as possible.
d. Once the order has been delivered it is at your risk, accordingly you should consider all risks for example; the weather (especially the sun, heat and storms), loss by theft, and animals. You must have a plan to deal with these risks, although our products are delivered in chilltainers it is your responsibility to reduce or eliminate the exposure to risks.
e. You are responsible for checking the order for correctness and any issues, you are also responsible for determining the freshness of the products you accept. If there are any matters of concern you should contact us immediately and attach or provide photos of the items.
f. After delivery of your order you are solely responsible for the proper storage, handling, preparing, cooking and consumption of the products.
g. Eastwell Farms will use its best endeavours to meet all quoted delivery dates, however we will not be liable to you in any way whatsoever for the consequences of any failure on its part to perform, or for any delay in performing, any obligation under these Terms and Conditions, whilst and to the extent that such failure or delay is due directly or indirectly to any event of force majeure. Without limiting the generality of the foregoing, this includes any liability whatsoever for any delay in performance, delivery, dispatch, shipment or arrival of the Products. An event of force majeure includes any act of God, war, riots, strikes, lock outs, trade disputes, fires, break downs, mechanical failures, interruptions of transport, Government action or any other cause whatsoever, whether or not of a like nature to those specified above, outside the reasonable control of the Seller.
h. If there is an event of force majeure, the Eastwell Farms will notify the you of the event and the likely impact on its performance and if the event affects the ability of Eastwell Farms to complete its material obligations under these T&C’s in a timely manner, upon giving notice to the Buyer, Eastwell Farms may terminate its obligations under these T&C’s to provide the products to the Buyer without any liability whatsoever.
i. Eastwell Farms will use its own designated carrier for all deliveries, we will not consent to the collection and delivery of our products by other carriers.
8. Returns and Refunds
Eastwell Farms ship perishable items as such we cannot accept returns as they cannot be restocked or resold.
a. We will consider matters where you believe we have not delivered what we committed to in the supply and delivery of your products and have not acted within the supply and delivery parameters published on our website.
b. The Buyer will within one (1?????) day from the date on which any products are delivered notify Eastwell Farms in writing of any claim relating to any defect in the quality or condition of the Products or any failure of the products to correspond with your order and attach or provide photos of the products given we cannot be physically present to view the products.
c. Provided any request for a remedy/refund is made within the period noted in clause 8.b. then Eastwell Farms will review and offer an appropriate remedy which may include a replacement of the product, a full credit which can be applied towards your next purchase or a partial/full refund, such a decision is at the sole discretion of Eastwell Farms
d. A remedy or resolution will not be available under this clause if the delivery address is incorrectly entered, or if a change of the delivery address isn’t updated prior to finalising the order on our website, or if the address is altered whilst the goods are in transit or if you are not going to be able to retrieve the order on the guaranteed delivery date and did not notify us prior to delivery alternatively if your order is returned to us because of an incorrect address being provided or you refuse delivery of ordered goods, or your goods are delivered late due to the incorrect address and goods are spoiled/thawed or damaged which results in us disposing of the products you will not be able to a remedy under Clause 8.c. of these Terms and Conditions.
e. Eastwell Farms does not provide remedy under clause 8.c. simply because you did not like the taste, flavour, texture or any other subjective point related to our products, all remedies under this clause are subject to an evidence based assessment and we reserve the right to request for photos and any other information in order to make such an assessment.
9. Intellectual Property
a. You acknowledge that all rights in respect of patents, copyrights, design rights, trade marks or other industrial or intellectual property rights (“Intellectual Property Rights”) connected with the Products shall at all times remain with the Eastwell Farms.
b. You agree to indemnify the Eastwell Farms against any and all liabilities, claims and costs incurred by or made against them:
(i) due to a breach of the Seller’s Intellectual Property Rights by the Buyer;
(ii) as a direct or indirect result of carrying out of any work required or directed to be done on or to the Products in accordance with the requirements or specifications of the Buyer involving any infringement or alleged infringement of any rights of any third party.
c. If any action, suit, proceeding, claim or demand is brought or made alleging that the sale, use or any other dealing with the Products infringes the trade mark, trade name, patent, copyright, registered design or any other intellectual or industrial property rights of any third party, the Buyer shall notify the Seller and give every assistance in connection with the matter as the Seller may reasonably require and shall not itself handle, deal with or compromise any such action suit proceedings, claim or demand except with the prior written consent of the Seller.
10. Liability
a. Unless otherwise stated in these T&C’s, Eastwell Farms is not liable for and the Buyer releases the Seller from, any claim, action or liability (including but not limited to consequential loss or change, removal, reinstallation, loss of use or of profits). 18. GOVERNING LAW These Terms and Conditions and any contract including them shall be governed and construed in accordance with the laws of the State of Queensland and the parties unconditionally and inevitably submit to the non-exclusive jurisdiction of the Courts of that state.
11. Governing Law
b. These Terms and Conditions and any contract including them shall be governed and construed in accordance with the laws of the State of Queensland and the parties unconditionally and inevitably submit to the non-exclusive jurisdiction of the Courts of that state.