Two Mountains

Terms and Conditions

  1. Definitions
    1. “Customer” means the Customer (or any person acting on behalf of and with the authority of the Customer) as specified in these Terms and Conditions and/or as described in any account application form or any person purchasing Products from Two Mountains.
    2. “Products” means any products supplied or to be supplied by Two Mountains to the Customer.
    3. “Terms and Conditions” means these terms and conditions together with any other specific terms and conditions of Two Mountains that may be agreed to in writing by Two Mountains and the Customer.
  2. Applicability
    1. The terms and conditions set out below shall apply to all transactions for the supply of Products.
  3. Acceptance
    1. Placement of an order with Two Mountains for Products will be deemed to be acceptance by the Customer of these Terms and Conditions. Two Mountains may by written notice to the Customer alter or replace these Terms and Conditions. All orders placed subsequently by the Customer shall be upon the altered Terms and Conditions.
    2. Two Mountains may at its absolute discretion accept or refuse any application or any order.
  4. Prices
    1. Prices unless otherwise stated are in New Zealand dollars, include Goods and Services Tax (GST) and are subject to change without notice.
    2. All Products are sold on an ex-store basis. Freight or postage will be added to the purchase price.
  5. Delivery and risk
    1. The risk in the Products shall pass to the Customer on delivery. The Products shall be deemed to be delivered to the Customer at the point of delivery to NZ Post, whether or not the Customer takes delivery of the Products at that time.
    2. Two Mountains will endeavour to deliver Products as soon as practicable. However, other than in respect of any liability that cannot be excluded by law, Two Mountains is not liable for any default or delay in delivery of orders.
    3. Advice of damaged goods must be made in writing by the Customer to Two Mountains within 2 days of receipt of goods and claims in respect of non-delivery must be made within 14 days of order of the Products.
  6. Return of Products
    1. Two Mountains will not accept the return of Products supplied by Two Mountains unless authorised by Two Mountains in advance, in Two Mountains’s sole discretion.
    2. Any request for the return of Products must be made within 14 days of order of the Products.
  7. Shortages
    1. Any shortages relating to the Products supplied by Two Mountains must be notified to Two Mountains within 2 days of receipt of the Products.
  8. Privacy Act
    1. Two Mountains may use the Customer’s personal information for direct marketing purposes (including by email and other electronic means) unless the Customer notifies Two Mountains that it does not wish to receive direct marketing from Two Mountains.
  9. Warranties and liability
    1. Two Mountains warrants to the extent of the purchase price that Products supplied are within recognised tolerances to the details described on the accompanying packaging and/or documents.
    2. The Customer shall ensure that the Products ordered are fit and suitable for the purpose for which they are required and Two Mountains shall be under no liability if they are not.
    3. Descriptions, recommendations and information provided are based on the best available information and shall correspond as closely as possible to practical experience. Information provided by Two Mountains is for use as a guide only to assist growers and users, whereby variable local conditions must be taken into account.
    4. Significant variations may occur in the performance of Products due to a range of conditions including cultural/management practices, climate, soil type and geographic location. Under no circumstances shall Two Mountains accept liability based on such information for deviating results in the cultivated product. The Purchaser shall itself determine whether the items are suitable for the intended cultivation and whether they can be used under local circumstances.
    5. Except as expressly provided for in these Terms and Conditions Two Mountains gives no other express or implied warranties.
    6. The Consumer Guarantees Act 1993 shall apply for purchases of Products.
    7. The Consumer Guarantees Act 1993 shall not apply if the Customer acquired or held himself or herself out as acquiring the Products for the purposes of a business.
    8. The Customer agrees to include a provision in the Customer’s Conditions of Sale to the effect that the Consumer Guarantees Act 1993 shall not apply where a purchaser is acquiring the Products for the purposes of a business. The Customer agrees to indemnify Two Mountains for any liabilities, losses, damages, claims, costs or expenses of whatever kind or nature incurred by Two Mountains if the Customer fails to do so.
    9. Except as expressly provided by clause 9.1, Two Mountains will not be liable in any way (including negligence, tort, equity or otherwise) to the Customer or any other person in connection with these Terms and Conditions, the supply of Products for any loss or damage of any kind whatsoever including loss of income, profits, savings or goodwill or for any indirect or consequential loss or special or exemplary damages.
    10. The Customer shall indemnify Two Mountains from and against any liabilities, losses, damages, costs (including legal costs on a solicitor/client basis) or claims incurred in relation to these terms and conditions, the supply of Products, except where Two Mountains is fraudulent or negligent.
  10. Errors or omissions
    1. Clerical errors or omissions made by Two Mountains, whether in computation or otherwise in any representations, acknowledgements or orders, shall be subject to correction.
  11. Proper Law
    1. The contract and these Terms and Conditions shall be governed by New Zealand law and the New Zealand courts shall have exclusive jurisdiction in connection herewith. All proceedings within the jurisdiction of the District Court shall be filed in the Taranaki District Court.
  12. Severance
    1. If any clause or part of a clause of these Terms and Conditions is held to be invalid or unenforceable for whatever reason then to the extent not inconsistent with that invalid clause the remaining provisions shall remain in full force and effect.
  13. General
    1. Two Mountains is given and may exercise all rights referred to herein entirely without prejudice to any other rights that may be available to Two Mountains.
    2. No failure to act or neglect to act shall in any way prejudice or waive any rights of Two Mountains.
    3. No payment shall be deemed to have been received by Two Mountains until such stage as the same has been duly cleared.