These Terms & Conditions ("Terms") govern your use of this website and the supply of products and services by Van Wyk Holdings T/AS Golden Soil Fertilisers("Golden Soil", "we", "us" or "our"). By accessing this website, requesting a quote, or placing an order, you agree to be bound by these Terms.
1. About us
Golden Soil Fertilisers is an independent Australian distributor of urea and related fertiliser products, operated by Van Wyk Holdings (trading as Golden Soil Fertilisers). Contact details are published on our Contact page.
2. Quotes and orders
- All quotes are indicative only and remain valid for the period stated, or otherwise for 7 days.
- Prices are subject to change based on global commodity pricing, freight, exchange rates and availability.
- An order is only accepted once we issue a written confirmation or tax invoice.
- We may decline or cancel any order at our discretion prior to acceptance.
3. Pricing, GST and payment
- Unless stated otherwise, prices are quoted in Australian Dollars (AUD) and exclude GST, freight, insurance and statutory charges.
- Payment terms are set out on your invoice. Default terms are payment in cleared funds prior to dispatch or collection.
- Overdue accounts may incur interest at 2% per month (or part thereof) and reasonable recovery costs.
4. Delivery, collection and risk
- Delivery dates are estimates only and are not of the essence.
- Risk in the product passes to the customer on loading at the port, warehouse or nominated collection point.
- Title in the product remains with Golden Soil until payment is received in full (see clause 5).
- The customer is responsible for safe unloading, transport, storage and handling once risk has passed.
5. Retention of title (PPSA)
Until all amounts owing are paid in full, the customer holds the product as bailee for Golden Soil. The customer grants Golden Soil a Purchase Money Security Interest (PMSI) under the Personal Property Securities Act 2009 (Cth) and consents to registration on the PPS Register.
6. Product information and use
- Product specifications, analyses and application rates are provided as a general guide.
- The customer is responsible for determining suitability for their soil, crop, climate and intended use, including obtaining independent agronomic advice where appropriate.
- All product must be stored, handled and applied in accordance with the relevant Safety Data Sheet (SDS) and applicable laws.
7. Returns and claims
- Claims for shortage, damage or non-conformance must be made in writing within 7 days of delivery or collection.
- Bulk fertiliser product is not returnable once removed from our nominated collection or delivery point.
- Nothing in this clause limits any rights you may have under the Australian Consumer Law (see clause 8).
8. Australian Consumer Law
Our products come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the supply, you are entitled to a replacement or refund and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the product repaired or replaced if the product fails to be of acceptable quality and the failure does not amount to a major failure.
9. Limitation of liability
To the maximum extent permitted by law, and other than for liability that cannot be excluded:
- Our total liability for any claim is limited, at our option, to the replacement of the product, the supply of equivalent product, or the refund of the price paid for the product.
- We are not liable for indirect, consequential, economic or special loss, loss of profit, loss of yield, or loss of opportunity, however caused.
10. Force majeure
We are not liable for any failure or delay caused by events beyond our reasonable control, including weather, fire, flood, drought, port closures, shipping delays, industrial action, pandemic, war, or changes in law.
11. Website use
- All content on this website is owned by Golden Soil or our licensors and is protected by copyright.
- You may view and print pages for your personal, non-commercial use only.
- You must not use this website unlawfully, attempt to gain unauthorised access, or interfere with its operation.
12. Privacy
Your personal information is handled in accordance with our Privacy Policy.
13. Governing law
These Terms are governed by the laws of Australia and the State in which Van Wyk Holdings has its registered office. The parties submit to the non-exclusive jurisdiction of the courts of that State.
14. Changes to these Terms
We may update these Terms from time to time. The current version published on this website applies to any quote, order or use of the website from the date it is posted.
15. Contact
Questions about these Terms can be sent to sales@goldensoilfertilisers.com.au.