1 Application of Terms and Conditions
Where an order has been placed and accepted, a contract for supply will be deemed to exist. Please read our Terms and Conditions of Trade provided on this website. If these terms and conditions of sale are not acceptable, do not proceed with an order.
All website prices are in New Zealand Dollars and inclusive of GST, but exclusive of freight or handling charges.
Acceptable forms of payment are credit card (Mastercard or Visa), cheques made out to ‘Lefroy Valley’, direct debit payments (see bank account details at check out).
Payment is required in full for all orders placed online, by facsimile, email, phone or post unless you are a Lefroy Valley current account holder.
All goods are at the Customer’s risk and the Customer is responsible for any insurance of the Products (if required).
Delivery of Products shall be deemed complete when Lefroy Valley gives possession of the Products directly to the Customer or possession of the Products is given to a carrier, courier or other bailee for purposes of transmission to the Customer.
Lefroy Valley accepts no liability for any default or delays in the delivery of the order or any part of it.
5.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Lefroy Valley which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Lefroy Valley, Lefroy Valley’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
5.2 Except as otherwise provided by clause 5.1 Lefroy Valley shall not be liable for:
5.2.1 Any loss or damage of any kind whatsoever, arising from the supply of Products by Lefroy Valley to the Customer, including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Products provided by Lefroy Valley to the Customer; and
5.2.2 The customer shall indemnify Lefroy Valley against all claims of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Lefroy Valley or otherwise, brought by any person in connection with any matter, act, omission, or error by Lefroy Valley its agents or employees in connection with the Products.
No representation, condition, warranty or premise expressed or implied by law or otherwise applies to the Products except where goods are supplied pursuant to the Consumer Guarantees Act 1993 or except where expressly stated in this contract.
6.1 Lefroy Valley does not provide any warranty that the Products are fit and suitable for the purpose for which they are required by the Customer and shall not be liable if they are not.
7 Return of Goods
Lefroy Valley reserves the right in its absolute discretion to accept a return of the product or to credit the Purchaser with the cost thereof, in the event of acceptance of such a return, a restocking fee will apply.
8.1 Lefroy Valley shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
8.2 Failure by Lefroy Valley to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations Lefroy Valley has under this contract.
8.3 If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
Lefroy Valley carries out stringent trialing throughout New Zealand prior to releasing varieties into the market place. We strongly recommend that all varieties be trialed under your growing conditions prior to commercial sowings taking place. For details of trial results in your area please contact Lefroy Valley. All cultural and descriptive information is supplied in good faith, as a guide only. Varietal performance is influenced by many variables, namely climatic, soil conditions, cultural and management practices. No liability will be accepted by Lefroy Valley or its representatives as to final performance based on this information.
Customer: shall mean the customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing products and services from Lefroy Valley.
Products: shall mean all products and services provided by Lefroy Valley to the Customer and shall include without limitation the importing, distribution and retailing of seed, fertiliser and chemicals and all charges for labour, hire charges, insurance charges, or any fee or charge associated with the supply of Products by Lefroy Valley to the Customer.
Price: shall mean the cost of the Products as agreed between Lefroy valley and the Customer and includes all disbursements eg charges Lefroy Valley pay to others on the Customers.