Terms of Trade

Company Information

Milligans Feeds is a subsidiary of Milligans Food Group Limited, a New Zealand owned and operated food manufacturing company based in Oamaru. These Terms of Trade govern the supply of products and services by Milligans Feeds to its customers.

By placing an order with Milligans Feeds, the customer agrees to be bound by these Terms of Trade. These terms apply to all transactions unless otherwise agreed in writing.

Definitions

In these Terms of Trade:

• "Milligans Feeds" means Milligans Food Group Limited trading as Milligans Feeds.
• "Customer" means any person, company or entity purchasing products from Milligans Feeds.
• "Products" means any goods supplied by Milligans Feeds.
• "Order" means a purchase order placed by the Customer.
• "Price List" means the current schedule of prices issued by Milligans Feeds from time to time.

Orders

All orders are subject to acceptance by Milligans Feeds. Milligans Feeds reserves the right to decline any order at its discretion.

Minimum order quantities may apply and will be communicated to the Customer at the time of ordering or as set out in the relevant Price List. Milligans Feeds reserves the right to amend minimum order quantities at any time.

Orders placed are binding on the Customer. Cancellation of an accepted order may only be made with the prior written agreement of Milligans Feeds and may be subject to a cancellation fee.

Pricing

All prices are as set out in the current Milligans Feeds Price List and are exclusive of GST unless otherwise stated.

Milligans Feeds reserves the right to change pricing at any time without prior notice. The price applicable to an order will be the price in effect at the time the order is accepted.

All product is subject to limited volumes. Milligans Feeds does not guarantee the availability of any product at any given price.

Where a price list or quotation has been provided, those prices remain valid for the period specified, or where no period is specified, for 30 days from the date of issue.

Payment Terms

Unless otherwise agreed in writing or set out in an approved credit account application, payment is due by the 20th of the month following the date of invoice.

Credit accounts are available subject to the completion and approval of a Milligans Feeds credit application. Credit terms, limits and conditions are as set out in the approved credit application and may be amended by Milligans Feeds at any time on written notice to the Customer.

Milligans Feeds reserves the right to require payment in advance or on delivery for customers without an approved credit account, or where an existing credit account is overdue or in breach.

Overdue accounts may incur interest at a rate of 2% per month on the outstanding balance, calculated from the due date until payment is received. Milligans Feeds also reserves the right to recover reasonable debt collection costs from the Customer.

Payment must be made in full without deduction, set-off or counterclaim unless otherwise agreed in writing.

Delivery

Delivery terms are as agreed with the Customer at the time of order. Unless otherwise stated, product is supplied Free In Store (FIS) to the agreed delivery address.

Delivery timeframes are estimates only. Milligans Feeds will make reasonable efforts to meet agreed delivery dates but does not guarantee delivery by any specific date and is not liable for loss arising from delivery delays.

Risk in the products passes to the Customer on delivery. Where products are collected by the Customer or their nominated carrier, risk passes at the point of collection.

Freight charges, where applicable, will be as agreed at the time of order or as set out in the relevant Price List.

Pallets

Pallets used in the delivery of Milligans Feeds products remain the property of Milligans Food Group Limited at all times. Pallets are not included in the purchase price of products and are provided on a loan basis only.

The Customer is responsible for the safe storage and return of all pallets received. Pallets must be returned in reasonable condition, undamaged and suitable for reuse. Milligans Feeds reserves the right to charge for pallets that are lost, damaged beyond reasonable wear, or not returned within a reasonable timeframe.

To arrange pallet collection or drop-off, contact Milligans Feeds directly:

Phone: 0800 STOCKFEED
Email: [email protected]

Milligans Feeds encourages the prompt return of all pallets. Timely returns help us manage costs and support a more sustainable supply chain.

Stock And Supply

Product availability, pricing and specifications are subject to change without notice.

Milligans Feeds makes reasonable efforts to maintain product availability but does not guarantee supply of any product at any given time. All orders are subject to stock availability at the time of acceptance.

In the event of a supply shortage, Milligans Feeds reserves the right to allocate available stock at its discretion and to fulfil orders in part or on a pro-rata basis.

Title And Retention Of Title

Title in the products does not pass to the Customer until full payment has been received by Milligans Feeds for those products and all other amounts owing by the Customer.

Until title passes, the Customer holds the products as bailee for Milligans Feeds and must store them separately and in a manner that clearly identifies them as the property of Milligans Feeds.

If the Customer fails to pay by the due date, Milligans Feeds may, without notice, enter the Customer's premises and recover any products in which title has not passed.

Returns And Claims

The Customer must inspect all products on delivery and notify Milligans Feeds in writing of any shortage, damage or discrepancy within 5 working days of delivery. Claims made after this period may not be accepted.

Returns will only be accepted with the prior written authorisation of Milligans Feeds. Products must be returned in their original condition, unopened and in saleable condition. Return freight costs are the responsibility of the Customer unless the return is due to an error by Milligans Feeds.

Credits or replacements will be issued at the discretion of Milligans Feeds following inspection of returned goods.

Products that have been stored, handled or used incorrectly are not eligible for return or credit.

Animal Health And Product Outcomes

Milligans Feeds makes no guarantee of specific animal health or performance outcomes from the use of its products, even where products are used in accordance with label directions and any guidance provided by Milligans Feeds.

Animal health and performance is influenced by many factors outside the control of Milligans Feeds, including breed, age, health status at time of feeding, environmental conditions, farm management practices, feeding systems and the quality of other inputs. The Customer is responsible for assessing whether a product or feeding programme is suitable for their circumstances and for seeking appropriate professional advice where needed.

Coccidiostat-containing products must be used strictly in accordance with label directions. Milligans Feeds accepts no liability for loss or damage arising from the misuse of products containing Bovatec or other coccidiostats, including feeding to horses, dogs or other non-target species.

Milligans Feeds is not liable for any loss, cost, damage or expense arising from the use or misuse of its products, including indirect or consequential loss, to the fullest extent permitted by law.

Limitation Of Liability

To the fullest extent permitted by law, the total liability of Milligans Feeds to the Customer in connection with any order or these Terms of Trade shall not exceed the invoice value of the products giving rise to the claim.

Milligans Feeds is not liable for any indirect, consequential, special or incidental loss or damage, loss of profit, loss of revenue, or loss of anticipated savings, whether arising in contract, tort or otherwise.

Nothing in these terms limits any rights or remedies that cannot legally be excluded under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other applicable New Zealand legislation.

Confidentiality

The Customer agrees to keep confidential any pricing, product specifications, formulations, trading terms or other commercially sensitive information provided by Milligans Feeds, and not to disclose such information to any third party without the prior written consent of Milligans Feeds.

Governing Law

These Terms of Trade are governed by the laws of New Zealand. Any dispute arising under or in connection with these terms will be subject to the exclusive jurisdiction of the New Zealand courts.

Where a dispute arises, both parties agree to attempt to resolve the matter in good faith before commencing formal proceedings.

Variations

Milligans Feeds may update these Terms of Trade from time to time. The current version will be available at milligansfeeds.co.nz. Continued ordering after any update constitutes acceptance of the revised terms.

Any variation to these terms for a specific customer must be agreed in writing and signed by an authorised representative of Milligans Feeds.

Contact

For any queries relating to these Terms of Trade, please contact:

Milligans Feeds
A subsidiary of Milligans Food Group Limited
1 Chelmer Street, Oamaru 9400, New Zealand
Phone: 0800 STOCKFEED (0800 786 253)
Email: [email protected]