Terms & Conditions

1. “Supplier” shall mean Australis Botanicals Pty Ltd Trading As Blue Dog Agriculture, ABN 30 663 428 813, its successors and assigns or any person acting on behalf of and with the authority of the Supplier.
2. “Customer” shall mean the person, organization or entity referred to as the Customer or any person acting on behalf of and with the authority of the Customer.
3. These terms apply to the sale of all goods and services sold by Blue Dog Agriculture (Supplier) to you (the Customer).
4. If the Supplier considers it necessary to assessing the Customers application for credit, the Customer agrees to the Supplier obtaining personal information in relation to this commercial credit application.
5. The Supplier reserves the right to refuse the application for credit, or to revoke credit once established, at its full discretion.
6. Pricing – products will be sold at the quoted price or current price in effect on the date of receipt of goods. All prices are subject to change, subject to safe harvest, stock availability, etc.
7. You must pay all amounts owing in respect of goods and services supplied under our tax invoice strictly within the terms set out in the tax invoice. If you do not pay amounts owing in full strictly within the terms set out in the tax invoice, you agree to pay all legal costs and expenses (including any commissions paid by the Supplier to any commercial or mercantile agent) incurred by the Supplier in connection with recovery of any overdue amounts.
8. Until you pay the Supplier in full for all goods and services:
   a) title to the goods remains with the Supplier and do not pass to you;
   b) you are a bailee of the goods (once in possession of the goods);
   c) you may not purport to sell the goods or allow any person to have or acquire an interest in the goods (including a security interest);
   d) you must store goods which have not been paid for separately from any other goods.
9. If you do not pay for any Goods on the date payment is required, you irrevocably authorise the Supplier to enter your premises (or any premises under control of you) and take possession of the Goods, without liability for trespass, negligence or payment of any compensation to you or anyone claiming through you.
10. The law implies certain terms, conditions and warranties (“Prescribed Terms”) into contracts for the supply of goods and services and prohibits the exclusion, restriction and modification of certain terms, conditions and warranties, but allows the Prescribed Terms to be limited in some circumstances. To the fullest extent allowed by law, the Supplier excludes those terms, however to the extent that they may not be excluded, restricted or modified, then in relation to any breach of the Prescribed Terms, the Supplier:
    a) Limits its liability at its option to the replacement or repair of the goods at the cost of repairing or replacing the goods and
    b) Is not liable to you or any other party for any loss or damage of any kind, including indirect or consequential losses, and the Supplier’s liability is not in any case greater than the price of the goods or services.
11. You acknowledge that, apart from as set out above:
    a) No warranty, condition, description or representation in relation to the goods is given by the Supplier, expressly or impliedly by this agreement, or outside this agreement (except as set out above);
    b) The terms of this agreement supersede and exclude all prior and other discussions, representations (contractual or otherwise) and arrangement relating to the supply of the goods.
    1. You have a period of seven business days after delivery in which to inspect the goods, which you acknowledge is a reasonable time, and any claim by you regarding any alleged defect in the goods must be made in writing within that period.
    2. The Supplier may vary these terms and conditions at any time by giving you reasonable written notice.
    3. The contract is made in New South Wales, Australia and is governed by and construed in accordance with the laws of New South Wales. You irrevocably submit to the jurisdiction of the courts of New South Wales, Australia.
    4. All rights and remedies of the Supplier under this Agreement are in addition to the Supplier’s other rights and remedies and are cumulative not alternative.
    5. Any failure by the Supplier to enforce the provisions of this agreement or to exercise any rights expressed in this agreement is not a waiver of such provisions or rights and does not affect the enforcement of this agreement.
12. Other provisions
    1. Shipment; the shipment of the goods is at the risk of the buyer. Insurance by the Supplier shall only be provided at the express request of the buyer. The resulting costs are to be borne by the buyer.
    2. Force majeure; in the event of force majeure, the Supplier shall be release from the obligation to deliver for the duration of the disruption. The same shall apply in the event of unforeseeable circumstances for which the Supplier is not responsible.
    3. The use of the Suppliers products is the responsibility of the Customer. Insofar as the use of the products, e.g. for cosmetic or pharmaceutical preparations, food and beverages or animal feed, is subject to statutory provisions, the Customer is solely responsible for checking and complying with these statutory provisions. The Supplier is under no obligation to advise and inform the buyer. Insofar as the Supplier makes declarations and statements about the goods, also in the form of product specifications, this is for information purposes only, has a descriptive character alone and does not constitute an assurance of a quality or property; the Customer cannot derive any claims against the Supplier.

Consequences of Default

1. Interest will be charged on overdue accounts as per DAFF’s current Tea Tree levies late payment T&C’s.
2. The Supplier reserves the right to refer the collection of any outstanding accounts to a debt collection agency without notice to the Customer.
3. The Customer agrees to be liable for any recovery costs and expenses that the Supplier incurs as a result of the referral of the debt collection agency.
4. In the event that the collection of the debt is referred to the Suppliers lawyers, the Customer accepts liability for and indemnifies the Supplier for all of the Suppliers legal costs on a solicitor-client basis.
5. In consideration of the extension of credit granted by the Supplier to the Customer, the Customer unconditionally guarantees payment of any amount owing to the Supplier on account of goods or services provided. This is a continuing guarantee relating to any indebtedness, including that arising under successive transactions, which shall either continue to indebtedness or from time to time renew it after it has been satisfied.