Terms and Conditions

1.1 Delivery

(a) Chia Australia will use all commercially reasonable efforts to deliver Chia Seed Products for which it has accepted an Order by the relevant Delivery Date and in agreed Order Portions.

(b) While Chia Australia will use all commercially reasonable efforts to deliver Chia Seed Products by the relevant Delivery Dates and in agreed Order Portions, failure to deliver part or all of the Chia Seed Product on time or in the agreed quantity will not entitle the Customer to terminate this agreement or claim compensation of any kind. Nor is the Customer entitled to reject Chia Seed Products on the basis of late delivery or a discrepancy between the quantity ordered and the quantity delivered.

1.2 Shortages

(a) The Customer must, as soon as possible after delivery, check the quantity of the Chia Seed Products delivered against the quantity ordered and due to be delivered.

(b) Chia Australia is not responsible for making good any shortage unless the Customer gives Chia Australia notice of the shortage within 2 Business Days of delivery.

(c) If Chia Australia does not receive a notice under clause 6.2(b), the Chia Seed Products delivered will be considered to accord with the quantity ordered for the period specified in the Order and to be accepted by the Customer.

1.3 Defective Chia Seed Products

(a) The Chia Seed Products will comply with the Chia Product Standards.

(b) The Customer must, as soon as possible after delivery, check whether the Chia Seed Products are damaged or defective or otherwise fail to meet the Chia Product Standards.

(c) The Chia Seed Products will be considered to have been delivered in good condition and in compliance with the Chia Product Standards unless the Customer notifies Chia Australia of the damage or defect within 2 Business Days of delivery.

(d) If the Customer notifies Chia Australia under clause 1.3(c), it must:

(1) preserve the Chia Seed Products in the state in which they were delivered for 10 Business Days after it notifies Chia Australia; and

(2) during that period, allow Chia Australia access to the Customer’s premises to inspect the Chia Seed Products.

(e) Chia Australia will, at its option, provide a replacement, or give a credit, for Chia Seed Products only where:

(1) the Customer has given notice under clause 1.3(c) and complied with clause 1.3(d), and Chia Australia is satisfied with the Customer’s claim; and

(2) if Chia Australia elects to have the Chia Seed Products returned, the Chia Seed Products are returned to Chia Australia in the same condition as when first delivered to the Customer.

(f) So far as permitted by law, Chia Australia’s liability to the Customer in respect of damaged or defective Chia Seed Products or failure of Chia Seed Products to meet the Chia Product Standards is limited to replacement or credit in accordance with clause 1.3(e).