Please read these terms and conditions carefully before submitting your Order. These terms and conditions regulate the Ordering process, delivery of Goods, return of Goods and the terms on which Specialist Sales is prepared to trade. Before using any Goods purchased from Specialist Sales, You MUST read the product label and ensure that you only use the Goods in a manner that is consistent with the terms of the product label. The use of Goods for purposes for which they have not been registered may be a breach of legislation in Your State or Territory. Applying Goods at rates or on crops which are not recommended may cause damage to your crop and reduce yields, for which Specialist Sales is not liable.
1. About You
By placing an Order, You warrant that You:
1.1. are aged 18 years or older;
1.2. are authorised to place an Order and effect payment for the Goods in the manner nominated in Your Order;
1.3. have provided accurate and complete identification information, including name, address, telephone number and e-mail address; and
1.4. will only use the Goods in a manner that is consistent with the purposes for which they are registered and in conformity with any labels appearing on the Goods or any manufacturer Specifications.
2. The Contract
2.1. These terms and conditions form the basis of any Contract between Specialist Sales and You for the purchase of Goods that you order either through the Website or the Call Centre.
2.2. Each Order that You submit to Specialist Sales and which Specialist Sales accepts will form a separate Contract in respect of the Goods to which that Order relates.
2.3. Any Contract between You and Specialist Sales is taken to be formed in Toowoomba Queensland (being the place where Specialist Sales accepts Your Order).
2.4. Specialist Sales may update, vary or amend these terms and conditions (to create Revised Terms and Conditions) at any time, however the Revised Terms and Conditions will not affect any Contracts that have already been formed. The Revised Terms and Conditions will apply to any Orders that are submitted after the Revised Terms and Conditions are published on the Website and will be comprised in any Contracts that are formed after the time of publication.
3. Goods and Specifications
3.1. Specifications for the Goods appearing on the Website are supplied to Specialist Sales by the manufacturer. In publishing the specifications, Specialist Sales is merely conveying information and representations made by the manufacturer and is not making any independent representation, or giving any warranty or guarantee, about the nature, characteristics, quality or grade of the Goods or the purposes for which they are suitable to be used.
3.2. You acknowledge that the Goods delivered to You may vary from the manner in which they are represented or described in the Specifications or the Website in non-material ways, including in relation to their size, colour or packaging.
3.3. Goods must be used in accordance with the directions given on their product labels. Some Goods are registered for specific uses only. It may be an offence in Your State or Territory to use the Goods for a use other than their registered use. Specialist Sales is not responsible for providing any advice to You on the appropriate or safe use of the Goods and is not liable if You use the Goods for any use that is not expressly recommended in the Specifications.
3.4. Specialist Sales may cease to market or suspend from sale any Good at any time for any reason, and may remove the affected Good from the Website.
4.1. Your Order is an offer to purchase Goods that are advertised by Specialist Sales on these Terms and Conditions and at the Price specified at the time You submit Your Order.
4.2. Specialist Sales may choose, in its sole discretion, to accept or decline Your Order.
4.3. Web Orders may only be placed by completing the fields displayed on the Website. When submitting Your Order, You will be asked to confirm that You agree to be bound by and comply with these Terms and Conditions. If You do not, Your Order will not be submitted. You will need to telephone on 1800 780 317 to discuss Your concerns with these Terms and Conditions.
4.4. Telephone Orders may only be placed through the Call Centre. When submitting Your Order, You may be asked a series of questions to confirm that You agree to be bound by and comply with these terms and conditions. If You do not, Your Order will not be accepted by Specialist Sales unless it expressly agrees to vary these Terms and Conditions. Any such variation will only apply to the specific Order to which it relates and will not apply to any other Orders, past or future, unless expressly agreed by Specialist Sales on a case by case basis.
4.5. Unless You notify Specialist Sales that You have made an error in Your Order in accordance with the process outlined in clause 9.2, once Your Order has been submitted it cannot be cancelled or varied by You without the agreement of Specialist Sales (which may be granted or withheld at Specialist Sales’s discretion). You must telephone on 1800 780 317 if You wish to request that Specialist Sales agree to cancel or vary an Order.
4.6. After Your Order is submitted, You will receive an Order Confirmation Email. The Order Confirmation Email is an acknowledgement that Your Order has been received and does not constitute acceptance of Your Order by Specialist Sales.
4.7. Specialist Sales will review Your Order after it is received (whether it is received through the Call Centre or the Website). The purpose of this review is to ensure that the Ordered Goods are still in stock, that the Price is accurate, and that Specialist Sales is able to arrange delivery to Your Delivery Location.
4.8. Specialist Sales may notify You of proposed variations to the Order prior to accepting the Order If Specialist Sales’s review of the Order identifies that it is not able to be accepted by Specialist Sales for any reason. If the variations notified to You by Specialist Sales is not acceptable to You, You may cancel Your Order and will be reimbursed any amounts that You have paid in respect of the cancelled Order.
4.9. Specialist Sales will not accept Your Order or prepare Your Order for delivery to You until it has received payment for the Goods in full. Where You elect to pay through electronic funds transfer, Specialist Sales’s account details will be set out in the Order Confirmation Email.
4.10. As Prices for the Goods will vary from time to time, Specialist Sales is unable to hold Orders open indefinitely. Your Order will automatically lapse if You do not pay the Price within 48 hours of it being submitted.
4.11. If Specialist Sales accepts Your Order, Specialist Sales will send You an email which:
4.11.1. notifies You that Your Order has been packed for delivery to You; and
4.11.2. attaches a tax invoice for Your purchase.
4.12. Upon acceptance of Your Order by Specialist Sales, there is a binding Contract between You and Specialist Sales in relation to the sale and purchase of the Goods the subject of the Order.
5. Payment and Prices
5.1. The Price of Goods will be the Price notified to You as being applicable for Your Delivery Location at the time You submit the Order. All our prices include GST in accordance to Australian Tax Law..
5.2. You must pay for Goods at the time You submit Your Order. Depending on whether You submit Your Order through the Website or the Call Centre, You may pay by credit card (Visa or Mastercard ONLY) and PayPal.
5.5. If for any reason Specialist Sales does not accept Your Order, You will not be charged for the Goods. Any payments that have been made to Specialist Sales will be refunded to You.
6.1. Subject to payment being received from You and Goods being in stock, Specialist Sales will ordinarily process Your Order within 1 Business Days of its receipt. The Goods will ordinarily be dispatched to the Delivery Location within approximately 5 Business Days of Specialist Sales receiving Your Order (subject always to Your Order being accepted by Specialist Sales and payment in full being made by You), depending on the delivery service and your Delivery Location. Actual delivery dates are dependent on geographical location and Goods carrier transit times.
6.2. Deferred delivery dates will not be accepted by Specialist Sales.
6.3. The Delivery Location must be in Australia. Only one Delivery Location is permitted with each Order.
6.4. You must nominate a Delivery Location that is able to be accessed by the delivery truck utilised by Specialist Sales’s contracted freight carriers and which has any necessary equipment (such as forklifts or forklift attachments) for the safe handling and movement of the Goods. The freight carrier will not be required to enter upon or unload the Goods at any location that is considered by the freight carrier to be unsafe. The safety of the freight carrier and all persons involved in the delivery and unloading of the Goods to You is of paramount importance to Specialist Sales and will not be compromised for any reason.
6.5. Specialist Sales will only deliver Goods to the nominated farm gate, warehouse or homestead (as the case may be) at the Delivery Location, subject always to accessibility. Specialist Sales will not arrange for Goods to be delivered onto paddocks.
6.6. The Goods carrier may contact You prior to delivering your Goods to confirm the Delivery Location, date and time. The Goods carrier will also confirm with You that there is an access point to the Delivery Location that is able to accommodate the entry and exit of the delivery vehicle. You may be required to meet the truck driver at an alternative location and guide them to the Delivery Location.
6.7. You, or an authorised representative of You, must be available to accept delivery of the Goods at the Delivery Location at the date and time confirmed with the carrier. You or Your authorised representative must sign delivery documents acknowledging delivery of the Goods, unless You have indicated on your order authority to leave without signature. All goods signed with this authority to leave without signature are Your responsibility, Specialist Sales accepts no responsibility of lost good once they have been dispatched from our warehouse.
6.8. You are responsible for the unloading of Goods at the Delivery Location. The freight company is not obliged to assist you in unloading. You must do everything necessary to take delivery of the Goods at the Delivery Location on the agreed date for delivery. If Specialist Sales incurs any costs as a result of You not taking delivery of the Goods, Specialist Sales may recover those costs as a debt due from You.
6.9. If You or Your authorised representative are not available to accept delivery of the Goods at the Delivery Location or the freight carrier is unable to deliver the Goods to You at the nominated Delivery Location for any reason then, unless otherwise agreed, the freight carrier will be instructed by Specialist Sales to return the Goods to the freight carrier’s depot. Following the return of the Goods:
6.9.1. You and Specialist Sales may agree a new Delivery Location and/or a new delivery date and time and Specialist Sales will arrange for the Goods to be re-delivered to You, subject always to You paying any additional costs associated with the re-delivery of the Goods to You; or
6.9.2. You may, at Your cost, collect the Goods from freight carrier’s depot at a date and time that is agreed with the freight carrier if they allow this service.
All arrangements relating to new delivery dates and times or the collection of Goods from the freight carrier must be made through the Call Centre.
6.10. If any additional costs are incurred in delivering the Goods to You, those additional costs will be recoverable as a debt due from You. Additional costs may be recovered from You in circumstances including, for example, the Delivery Location provided by You is incorrect, is varied by You after submitting Your Order or is not able to be accessed by the delivery truck, or Specialist Sales or the Goods carrier provide equipment to facilitate unloading by You, or the Goods carrier incurs additional labour costs in assisting You with the unloading of the Goods.
6.11. If the freight carrier does not arrive at the location, date or time agreed with You, You should telephone the Call Centre and Specialist Sales will arrange for the Goods to be delivered to You at another date and time. Depending on the circumstances (including those set out in clauses 6.9 and 6.10), you may be required to pay additional costs associated with the delivery of the Goods at the subsequent date or time.
6.12. Goods will be deemed to have been delivered to You when they are unloaded at the Delivery Location, irrespective of whether You or Your representatives are present for delivery or sign any delivery documents. In these circumstances, the freight carrier’s records will be taken to be proof of delivery to You unless manifestly incorrect. Specialist Sales is not responsible for any loss of or damage to Goods that are delivered to the Delivery Location when You or Your representatives are not in attendance.
6.13. Whilst Specialist Sales will make every effort to deliver the Goods to the Delivery Location in line with the timeframes outlined in clause 6.1 and at the time and date agreed between You and the freight carrier in accordance with clause 6.6, delays can occur. Specialist Sales is not liable for any loss or damage directly or indirectly caused by or arising from the failure to deliver the Goods by the estimated date for delivery.
7. Title and Risk
7.1. Title to and risk in the Goods will pass to You on delivery to You.
7.2. You accept all risk of loss or damage to the Goods regardless of the manner in which such loss or damage is caused, from the time risk passes to You under clause 7.1, including where delivery is effected despite You or Your authorised representatives not being present.
8. Returns Policy
8.1. Specialist Sales is committed to ensuring it complies with its legal obligations to accept the return of Non-compliant Goods. However, subject to any applicable laws, Specialist Sales is not required to accept the return of Goods for reason only that You have changed Your mind about purchasing the Goods, no longer require the Goods or no longer require the quantity of Goods which You ordered. If You wish to return the Goods for reasons such as these, You must telephone us on 1800 780 317 to obtain Specialist Sales’s agreement to accept their return and to obtain details of the location to which the Goods are to be returned. Except where required by law, Specialist Sales will only accept the return of Goods if they are unused, in their original packaging and in a suitable condition for re-sale.
8.2. Where Specialist Sales does agree to accept the return of Goods despite not being required by law to do so, Specialist Sales may require that You pay a reasonable re-stocking fee. The re-stocking fee will be deducted from any amounts that are credited to You as reimbursement for the returned Goods. The re-stocking fee will be advised to You prior to You returning the Goods, so that You have an opportunity to consider whether or not You still wish to return the Goods. You will be required to pay all costs associated with the Goods being returned to Specialist Sales.
8.3. You must inspect the Goods upon delivery to You and inform Specialist Sales within 2 Business Days if the Goods are Non-compliant Goods, by telephoning us on 1800 780 317.
8.4. If the Goods that have been supplied are Non-compliant Goods then, subject to any applicable laws, Specialist Sales may at its option:
8.4.1. replace those Goods with Goods which do not suffer the problems specified above;
8.4.2. repair those Goods or reimburse You for the cost of repairing those Goods so that they do not suffer the problems specified above; or
8.4.3. reimburse to You the Price for those Goods, if You have paid it,
and in each case, if it is necessary to engage a third party carrier to transport the Goods to Specialist Sales or a location nominated by Specialist Sales, Specialist Sales will pay or reimburse You for the reasonable costs of freight.
8.5. Due to the risk of the Goods deteriorating or becoming contaminated through the manner in which they are stored and not due to any manufacturing defect, unless any applicable law otherwise requires, Specialist Sales will not accept returns of Goods if it does not receive notification that the Goods are Non-compliant Goods within 2 Business Days of delivery.
9.1. From time to time there may be errors in the operation of the Website or in information submitted by You that results in the Order details not being correct.
9.2. If any information that You submit with Your Order is incorrect, You may correct that information by calling us on 1800 780 317. You must do so as soon as possible and in any event prior to Specialist Sales accepting Your Order, which may be as soon as 1 Business Day after it is submitted.
9.3. If You experience any difficulties with the functionality of the Website and You believe that may have affected an Order which You have submitted, or have attempted to submit, You should contact us on 1800 780 317 as soon as possible and in any event prior to Specialist Sales accepting Your Order, which may be as soon as 1 Business Day after it is submitted.
10. Cancelling Orders
10.1. Specialist Sales may, by notice to You, cancel Your Order if:
10.1.1. payment of the Price for the Goods is not received when Your Order is being placed;
10.1.2. after accepting the Order, Specialist Sales identifies that there is a material error in any information included in the Order, including the Price of the Goods.
10.1.3. Specialist Sales or its freight service providers are unable safely to deliver the Goods to the Delivery Location and/or are unable to locate the Delivery Location, and alternative deliver arrangements cannot be agreed with You under clause 6.9 within 5 Business Days of the original intended delivery date;
10.1.4. it learns that any of the warranties in clause 1 are not true; or
10.1.5. Specialist Sales no longer holds the Ordered Goods in stock, provided that where practicable Specialist Sales will first endeavour to vary the Order by offering You a later delivery date or functionally equivalent products to the Goods.
Specialist Sales reserves these rights to cancel Orders for reasons including that the placement of Orders is automated and relies upon the correct functioning of computerised systems and errors in their operation that impact upon Specialist Sales’ ability to fulfil Orders may not be immediately apparent.
10.2. If for any reason it is necessary to reimburse amounts paid by You, Specialist Sales will reimburse them:
10.2.1. to the same credit card as You made the payment, where You paid by credit card; or
10.2.2. to your PayPal account, where You paid by PayPal;
10.2.3. in any other case, in any manner which Specialist Sales reasonably considers to be practicable and equitable having regard to the manner in which payment was effected.
11. Representations and Advice
11.1. To the extent permitted by law, Specialist Sales excludes all conditions, warranties and other provisions relating to the condition or quality of the Goods.
11.2. Specialist Sales is not in the business of providing technical or agronomic advice about the Goods or their uses. You warrant to Specialist Sales that You:
11.2.1. are not relying upon any conduct or representation of Specialist Sales or any of its officers, employees in determining whether to purchase the Goods, the use to which the Goods may be put or how the Goods are to be applied; and
11.2.2. will rely upon Your own skill and judgement, or the skill and judgement of advisers other than Specialist Sales, in relation to the quality of the Goods or their fitness for any purpose for which they may be required;
11.2.3. will read and comply with any material safety data sheets or product labels, as well as any product descriptions or manufacturer brochures which the manufacturer publishes and makes available with the Goods, before using the Goods.
12. Exclusion of Liability
12.1. You agree that Specialist Sales has no liability or obligation to You or any other person arising (directly or indirectly) out of, or in connection with:
12.1.1. the Goods being Non-compliant Goods, save that Specialist Sales will comply with clause 8.4;
12.1.2. the Goods becoming damaged, contaminated or deteriorating after they are delivered to You;
12.1.3. the Goods not being fit to be used for the purposes that You intend to use them for but which are not uses or purposes for which the Goods are registered, expressly recommended in the Specifications, or designed to be used;
12.1.4. You do not use the Goods in accordance with the Specifications, including (without limitation) because You apply the Goods at the wrong rates, fail to use Goods in conjunction with other recommended products, or fail to use Goods at the correct time of the season; or
12.1.5. You use the Goods acting on the negligent or misleading advice of any party other than Specialist Sales.
12.2. Any liability which Specialist Sales has to You (including, without limitation, for breach of Contract, negligence or breach of any statutory duty) relating to any loss or damage suffered by You will, to the extent permitted by law, be reduced or limited to the extent (if any) that You cause or contribute to the loss or damage.
12.3. To the extent permitted by law, Specialist Sales is not liable for, and You release Specialist Sales from liability for, any indirect or consequential loss or damage (including loss of profits, loss of contracts, loss of opportunity or loss of reputation), irrespective of how that loss or damage was caused (including as a result of Specialist Sales’s negligence), even if such loss or damage was reasonably foreseeable.
12.4. You indemnify Specialist Sales against all claims, costs, liabilities, losses and expenses incurred by Specialist Sales arising from:
12.4.1. You causing damage to any property or injury or death to any person in connection with the use of the Goods;
12.4.2. any breach of the Contract by You (including a breach of any warranty in clause 1 and Your failure to use the Goods in accordance with clause 3.3); or
12.4.3. any other wilful or negligent acts or omissions by You or Your officers, employees, agents or contracts,
save to the extent caused or contributed to by the wilful or negligent acts or omissions of Specialist Sales.
12.5. Some Goods may be accompanied by a manufacturer’s warranty. This warranty is between You and the manufacturer. You must comply with the warranty claims process outlined in the manufacturer’s warranty if You wish to make a claim under that warranty.
13.2. Specialist Sales uses third party carriers to delivery the Goods to You and, if necessary, for their collection from You after delivery. You agree to Your personal details being provided to these carriers to the extent reasonably necessary to enable them to deliver Goods to, or collect Goods from, the Delivery Location.
13.3. If You elect to receive promotional materials from Specialist Sales, Specialist Sales may send You notification of campaigns, sales, specials, Goods or other promotional materials to You either by email or to Your postal address or Specialist Sales may telephone You to inform You of its promotions. You may unsubscribe from receiving these campaigns at any time through the unsubscribe option on Specialist Sales’ emails or by telephoning us on 1800 780 317.
14. Force Majeure
Specialist Sales is not liable for any failure to perform its obligations under this agreement to the extent and for so long as its performance is prevented or delayed because of an event of Force Majeure. If practicable in the circumstances, Specialist Sales will give You notice of the event of Force Majeure.
15. Goods and Services Tax
15.1. If GST is payable by Specialist Sales on a supply made to You under a Contract, then, to the extent that:
15.1.1. the consideration is expressed as an amount of money (the monetary consideration) for that supply and is stated to include an amount in respect of GST; or
15.1.2. the amount of GST stated to be included in the monetary consideration is less than the amount of the GST liability actually incurred by Specialist Sales in respect of that supply, Specialist Sales will increase the monetary consideration by the applicable amount of GST and You must pay that increased amount at the same time and to the same extent as any part of the monetary consideration that is payable to Specialist Sales in respect of the supply. If the monetary consideration has already been paid to Specialist Sales, You must pay any additional amounts owed under this clause within 2 Business Days of receiving notice from Specialist Sales.
15.2. If the GST payable by Specialist Sales on a taxable supply is varied pursuant to any change in legislation, the consideration payable under these Terms and Conditions will be increased or decreased to reflect that variation of the GST.
16.1. The Contract is governed by the laws in force in the State of Queensland. The parties submit to the jurisdiction of the courts of Queensland, including the Federal Court of Australia.
16.2. The Contract is the entire agreement between You and Specialist Sales in relation to its subject matter, and replaces and supersedes all past discussions, representations, agreements or understandings, whether written or oral.
16.3. If any part of the Contract is void, illegal or unenforceable it is to be severed from the Contract to the extent to which such severance can occur without affecting the remaining provisions.
16.4. Specialist Sales waives a right under a Contract only by written notice that it waives that right. A waiver is limited to the specific instance to which it relates and to the specific purpose for which it was given.
16.5. You may assign Your benefits or novate Your benefits and obligations under a Contract to a third party only with the prior written consent of Specialist Sales.
16.6. Specialist Sales has the right but not the obligation to set-off any monies owing by You on any account against any monies owing by Specialist Sales to You on any account.
16.7. Nothing in a Contract is to be treated as creating a partnership or trust.
16.8. No rule of construction applies to the disadvantage of Specialist Sales only because Specialist Sales put forward the Contract or any portion of it.
16.9. A reference to a document or legislation includes a reference to that document or legislation as varied, amended, novated or replaced from time to time.
In these Terms and Conditions, the following words have the following meanings:
17.1. Specialist Sales means Specialist Sales Pty Limited ACN 83103415603 of 1/11 Molloy St, Toowoomba, Queensland.
17.2. Business Day means a day other than a Saturday, Sunday or public holiday in the place where an act needs to occur or, if used in a context where no act needs to occur, in the State of Queensland.
17.3. Call Centre means the customer telephone service centre operated by Specialist Sales at telephone number 1800 780 317.
17.4. Contract means a contract between You and Specialist Sales for the sale and purchase of Goods, which comprises these Terms and Conditions and the terms of Your Order, but does not include the Specifications.
17.5. Delivery Location means the location specified by You when submitting Your Order as the place at which delivery of the Goods is to occur, or any other location agreed between You and Specialist Sales or its freight carriers in accordance with these terms and conditions.
17.6. Force Majeure means an act of God (including lightning, storm, flood, fire, earthquake, explosion, cyclone, tidal wave, landslide, or adverse weather conditions), an act of public enemy, war, sabotage, blockage, revolution, riot, insurrection or civil commotion, or disruption to the supply of power, gas, water or fuel, and in each case the event must not be caused by and must be beyond the control of the party affected by the act.
17.7. Goods means products that are offered for sale by Specialist Sales through the Website and the Call Centre.
17.8. GST means the same as in the GST Law.
17.9. GST Law means the same as "GST law" means in the A New Tax System (Goods & Services Tax) Act 1999.
17.10. Non-compliant Goods means Goods that:
17.10.1. do not conform with the Specifications, other than non-conformances of the kind permitted by clause 3.2;
17.10.2. are damaged or contaminated before they are delivered to You;
17.10.3. are not fit for the purpose for which they are registered or designed to be used;
17.10.4. are past their expiry date at the time of delivery; or
17.10.5. are not the Goods which You Ordered or are not the correct quantity of Goods that You Ordered.
17.11. Order means an order for Goods submitted by You through the Website or the Call Centre.
17.12. Order Confirmation Email means an email from Specialist Sales to You acknowledging that Your Order has been received by Specialist Sales.
17.13. Price means the price of the Goods as applicable at the time You submit Your Order which, unless otherwise indicated, does include GST.
17.15. Specifications means the description of the Goods published by Specialist Sales using information that is provided to Specialist Sales by the manufacturer of the Goods, including photographs, material safety data sheets, product labels, product descriptions and manufacturer brochures.
17.16. Website means www.SpecialistSales.com.au.
17.17. You means the purchaser of Goods through the Website or Call Centre.
In these Terms and Conditions, unless the context otherwise requires:
18.1. Words defined in the GST Law have the same meaning in clauses concerning GST.
18.2. If a person is a member of a GST group, references to GST for which the person is liable and to input tax credits to which the person is entitled include GST for which the representative member of the GST group is liable and input tax credits to which the representative member is entitled.
18.3. References to GST extend to any notional liability of any person for GST and to any amount which is treated as GST under the GST Law, and references to an input tax credit extend to any notional input tax credit to which any person is entitled.
18.4. References to “dollars” of “$” are to Australian Dollars (AUD$), and all Prices are in Australian Dollars.
18.5. Words in the singular include the plural and vice versa.
18.6. If a word or phrase is defined its other grammatical forms have the corresponding meanings.
18.7. “Includes” means includes without limitation.
18.8. If the date on or by which an act must be done under this agreement is not a Business Day, that act must be done on or by the next Business Day.
18.9. Where time is to be calculated by reference to a day or event, that day or the day of that event is excluded.