ZincCheck Terms & Conditions

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The following terms and conditions ("Terms of Supply") apply to all orders of ZincCheck services from us.

  1. Definitions

    For the purposes of these Terms of Supply or otherwise:

    "Bulk Sample" means any bulk milk sample provided by you to Fonterra for testing.

    "Farm Source" means RD1 Limited.

    "Farm Source Account" means any credit account created in accordance with the Farm Source General Terms of Supply.

    "Farm Source General Terms of Supply" means Farm Source's general customer terms of supply of goods and services and credit facilities, as published on Farm Source's website from time to time.

    "Farmers' Terms of Supply" means the latest handbook issued by Fonterra containing the terms and conditions of the supply of milk to Fonterra.

    "Fonterra" means Fonterra Co-operative Group Limited and its group companies from time to time.

    "Services" means any zinc testing services under the brand name "ZincCheck" that you have ordered or purchased from us, or we provide to you.

    "Order" means any offer or request by you to order or purchase Services from us.

    "Terms of Supply" means these Terms of Supply as amended from time to time at our absolute discretion.

    "We", "our" or "us" means any and all of:

    1. Farm Source;
    2. Farm Source's successors;
    3. Farm Source acting in its capacity as a selling agent for any principal;
    4. Farm Source acting for approved merchants;
    5. any other company which is related to any company specified above in the manner provided in section 2(3) of the Companies Act 1993; and
    6. RD1 Limited trading as Farm Source, New Zealand Farm Source or NZ Farm Source.

    "You" or "your" means the purchaser or intending purchaser of the Services from us and includes any agent, contractor or representative of them.

  2. The Contract

    2.1 You agree to accept and be legally bound by these Terms of Supply and our Privacy Policy where you purchase Services from us. Each transaction will form a legal contract between you and us.

    2.2 At all times your Orders with us are governed by these Terms of Supply or the then current Terms of Supply as varied from time to time by us at our discretion. Such revisions will be effective immediately upon publication on our website. We recommend you review the terms for amendments each time before placing any Order. Any changes to these Terms of Supply will apply to any Order you place from the effective date of the change. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or a third party. You should therefore periodically visit this page to determine the current Terms of Supply.

    2.3 Acceptance of Terms of Supply including any updated terms (by any method) does not release, limit or adversely affect any prior personal guarantee or security granted.

    2.4 You acknowledge and agree that both you and us have or will accept these Terms of Supply electronically and consent to accept electronically these Terms of Supply and the privacy consent under clause 14.

    2.5 By accepting these Terms of Supply electronically you warrant that you have authority to accept them.

    2.6 You consent to receive disclosure, notices and other communications from us in electronic form, whether by means of publication on a website, email or other electronic communication.

  3. Orders

    3.1 We are under no obligation to accept all or any of your Orders. Orders will not be accepted if they have a test start date outside of the milking season. Only supplying shareholders to Fonterra who are bound by the Farmers' Terms of Supply are entitled to make an Order.

    3.2 Any cancellation of any Order will be at our discretion. You cannot cancel an Order (in full or in part) without first obtaining our prior approval. We will only consider a request to cancel an Order or reschedule a test start date for an Order if you let us know at least 5 days prior to the relevant test start date, which you can do via the Farm Source service center.

    3.3 By placing an Order, you authorise us to take samples from your most recent Bulk Sample for test in order to provide the Services.

    3.4 You are responsible for selecting a test start date when you place an Order. We will not accept an Order with a test start date fewer than 15 days from the test start date of another Order from you that we have accepted.

    3.5 While we recommend requesting a test start date approximately one week after the date that your herd has reached their full daily dose, this timing is indicative only and should not be relied upon by you in deciding an appropriate test start date when placing an Order. Individual circumstances vary and it is up to you (in consultation with your veterinary provider) to determine the appropriate test start date when placing an Order.

  4. Provision of services and delivery of results

    4.1 We will use reasonable endeavors to provide the Services in a timely manner, aiming for the Results to be emailed to the email address we have for you on record within 5 to 15 days of testing taking place.

    4.2 If we are of the view (in our sole discretion) that a sample taken for testing from your most recent Bulk Sample is corrupt and provided that your most recent Bulk Sample meets the quality standards set out in the Farmers' Terms of Supply, we shall take an additional sample for testing from your most recent Bulk Sample at no additional cost to you.

    4.3 Delivery of the Results shall be deemed to be made to you when they are emailed to the email address we have for you on record.

    4.4 The timeframe in clause 4.1 is an estimate only. We will not be liable for any costs, losses, damages or claims in relation to any delay in supply or failure to receive an email notification. You are not entitled to terminate an Order or these Terms of Supply due to any delay in supply or failure to receive an email from us.

    4.5 We may, at your request, arrange delivery of your Results by other means or at other times but you will be required to pay for any additional costs we incur.

    4.6 We reserve the right at our discretion to sub-contract all or any part of the work to be done or Services to be supplied and, in so sub-contracting, our liability (if any) to you shall be no more than our liability (if any) which we would have had if we had done the work or supplied the services ourselves.

  5. Use of results

    5.1 Results are on an "as received" basis and do not necessarily represent the composition of the material the samples were drawn from.

    5.2 We are not animal health experts and we will not provide any role in interpreting the Results, nor will we:

    1. provide any advice as to whether the Results show zinc levels that are outside of the 'ordinary' range, beyond a graphic indicator of zinc levels which is indicative only and should not be relied upon by you; or
    2. suggest when (or what) mitigating actions should be taken.

    It is up to you to interpret the Results and work out the best way to treat your herd and we suggest that you do so with the help of your veterinary provider.

  6. Payments

    6.1 The price for the Services will be set by us and may be subject to change without notice.

    6.2 You agree that we will take payment for your Orders from your Fonterra account, according to the Farmers' Terms of Supply. If your milk proceeds do not cover the payment due for your Orders, interest will be charged on the outstanding debit balance of your farmer account in accordance with the Farmers' Terms of Supply.

    6.3 We reserve the right to require payment for Orders by alternative methods at our discretion, including by charging your Farm Source Account or to allow payment by way of credit or debit card (which may incur a surcharge). To the extent permitted by law, we will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by you where a credit card or online account is fraudulently used or is used in an unauthorised manner.

    6.4 From time to time we may offer certain pricing promotions or discounts in relation to the supply of the Services (including offering one free test per supply number) and these are provided at our absolute discretion. We reserve the right to amend such pricing promotions or discounts or withdraw them at any time in our sole discretion upon reasonable notice to you. The free test offer referred to above will not be available after 31 May 2022. There is only one free test per supply number but, if this is used and there is a change in farm ownership mid-season, the new owners can send a written request for an additional free test to us which we will consider on a case-by-case basis (in our absolute discretion).

  7. Ownership

    We will retain title to the Results until all the price for the relevant Order has been paid by you in full pursuant to clause 6.

  8. Intellectual property

    You agree and acknowledge that we are the owner of the intellectual property rights in the systems, know-how and other intellectual property which may be utilised by us in the provision of the Services (including the name "ZincCheck") and that you will not obtain any rights and/or interests in such intellectual property by virtue of purchasing Services from us.

  9. Consumer Guarantees Act 1993

    You acknowledge that the Services are being supplied and acquired for business purposes and that the guarantees and rights expressed or implied in the Consumer Guarantees Act 1993 in your favour shall not apply.

  10. No warranties

    All warranties, conditions or obligations imposed on us by statute at law, in equity or otherwise, are expressly excluded except to the extent that we cannot lawfully exclude them.

  11. Limitation of liability

    11.1 We will not be liable for any direct, indirect, consequential, or economic loss, cost or damage or loss of profits, loss of revenue, loss of goodwill, or loss of anticipated savings incurred by you in connection with any act or omission of ours or in relation to any error, omission or representation in the Services, the Results or any information provided to you. To the extent permitted by law, we and each of our related bodies corporate exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the Services and the Results, including if your herd gets facial eczema despite their zinc levels appearing to be within range.

    11.2 We will not be in breach of our obligations to you or be liable to you:

    1. for failure to deliver by a specified date; or
    2. for loss caused by anything which is beyond our control.

    11.3 To the extent that it is not possible to limit or exclude our liability by law, our liability to you for all claims (whether in contract, tort (including negligence), or by virtue of a breach of any statutory duty or otherwise) is otherwise limited to the value of the Services supplied by us and associated with your claim or subject to the rest of this clause 11, the damage or loss you actually incur or suffer, whichever is less.

    11.4 You agree that the Services are acquired by you in trade and that sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 are contracted out of.

    11.5 Unless we expressly agree in writing, the Services shall be provided exclusively to you and cannot be relied on by a third party. You will indemnify and hold us harmless against any and all third-party claims relating to the provision of the Services to you.

    11.6 This clause 11 will not apply to the extent that the law prohibits us from limiting our liability.

  12. Default and cancellation

    12.1 We may cancel or suspend these Terms of Supply and the Services (or any part of the Terms of Supply) if:

    1. you breach any provision in these Terms of Supply;
    2. we believe the Order to be fraudulent or constitute a misuse of a promotional or marketing activity or where an error has occurred (including but not limited to errors relating to pricing);
    3. payment due from you to us is overdue;
    4. you, being a body corporate, go into liquidation, receivership or voluntary administration;
    5. you, being a person, become bankrupt; and/or
    6. a Force Majeure Circumstance (as defined in clause 20) occurs before the Services are fully performed.

    12.2 In the event of one or more of the above matters occurring:

    1. all amounts you owe us whether due for payment or not, will be immediately due and payable; and
    2. except in the case of clause 12.1(f), you will be liable to us for all costs (including legal costs on a solicitor-client basis) and damages incurred as a result of the relevant matter occurring.

  13. Dispute resolution

    13.1 If a dispute arises the disputing parties must first discuss the dispute and, in good faith, try and settle it.

    13.2 If the dispute cannot be resolved, you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand and agree that the courts are a convenient forum to resolve any dispute.

  14. Use of information and privacy

    14.1 We will collect, hold, use and disclose your personal information in accordance with the Privacy Act 2020. We or our third parties may collect personal information directly from you when you place an Order, or when you contact our Customer Service Team. Personal information may include your name, residential or postal address, telephone number and email address.

    14.2 You authorise us to collect, retain and use any information about you for the purpose of:

    1. providing Services to you, managing your Farm Source account or relating to your dealings with us and our related companies, including direct marketing or marketing research;
    2. if you have elected for us to do so in your Order form, communicating with your nominated veterinary provider; and
    3. communicating with third parties who provide services to us. These may include mailing houses, call centres, gateway providers, delivery service providers and organisations that assist us to check for or prevent unauthorised or fraudulent transactions.

    14.3 You authorise us to disclose any information obtained to any person for the purposes set out above.

    14.4 If you are a natural person, the authorities under clauses 14.2 and 14.3 are consents for the purposes of the Privacy Act 2020.

    14.5 You must provide us with true and correct information and must notify us of any change in circumstances which may affect the accuracy of the information provided.

    14.6 All of your personal information will be held by Farm Source where it can be inspected and corrected by you.

    14.7 We may transfer your personal information to others in countries outside New Zealand. We will only do this within the scope of the preceding clauses.

    14.8 You agree that we and any of our third parties may use your email address to send you messages concerning your any Orders you place and information about the products sold via the website that we consider may be of interest to you. If you would prefer not to receive promotional or other material from us or our third parties, please let our Customer Service Team know.

  15. Assignment

    15.1 You shall not transfer or assign your rights, powers or obligations without our written consent. For the purpose of this clause a change in effective management or control will be deemed as an assignment.

    15.2 We and our successors and assigns may in our absolute discretion, without the consent or notice to you, transfer or assign our rights or obligations under these Terms of Supply to any other person or entity.

  16. Waiver and remedies

    16.1 If we delay or do not exercise any of our rights or remedies under these Terms of Supply or otherwise at law, that will not be a waiver of the right or remedy and will be without prejudice to any rights we have.

    16.2 Any waiver or consent we give you must be in writing and will be effective only in the specific instance and for the specific purpose for which it is given.

  17. Severability

    If part of these Terms of Supply is deemed to be invalid, illegal or unenforceable, the remaining provisions will remain in full force and effect.

  18. Governing law

    These Terms of Supply will be governed by New Zealand law and you agree to submit to the non-exclusive jurisdiction of the New Zealand Courts.

  19. Indemnity

    To the maximum extent permitted by law, you indemnify us against all damages, costs, losses (including loss of revenue, business goodwill, anticipated savings, and any other direct or indirect or consequential loss) or liabilities which may arise directly or indirectly in respect of the Services and/or any Report or their use or operation by you, or where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these Terms of Supply.

  20. Force Majeure

    We will not be in breach of these Terms of Supply and will not be liable to you for costs or delay attributable in whole or in part to action by any government or governmental agency or other external agency or event, including, without limitation, natural disaster or emergency, industrial action, civil disorder, equipment failure, banking or computer system disruption or interruption of power supplies or essential services, failure or disruption of postal deliveries, or any other event (whether similar to the foregoing or not) out of our control (a "Force Majeure Circumstance").

  21. Entire Agreement

    21.1 Subject to any other agreement entered into between you and us, these Terms of Supply constitute the entire agreement and understanding between the parties in relation to the Services and supersede all prior discussions and agreements covering the Services.

    21.2 These Terms of Supply apply notwithstanding any provision to the contrary expressed or implied in any of your terms of trade or other documents.

    21.3 Unless otherwise agreed in writing by us, in the event of a conflict between these Terms of Supply and any other documents, the following terms will apply and prevail in descending order of priority:

    1. the Farmers' Terms of Supply;
    2. these Terms of Supply; and lastly
    3. the Farm Source General Terms of Supply.