Last updated: 23 Sep 2025

These Terms & Conditions (Terms) govern all access to the EcoNet Store website at www.econetstore.com (the Site) and all offers, quotations, sales and deliveries of Kiwi‑EcoNet™ agricultural products, including jute bale netting and related accessories (Goods), by Terces Ltd, trading as EcoNet Store (we, us, our) to business customers (you, your). By browsing the Site, creating an account, placing an order, or paying an invoice, you agree to be bound by these Terms.

Business‑to‑Business only – The Goods are supplied for use in trade by farmers, farm contractors and similar enterprises. You confirm that you acquire the Goods for business purposes. (If you are a consumer, do not proceed. Contact us for information about consumer sales.)

1. Definitions

Contract means the agreement formed under clause 3 comprising these Terms and the Order Confirmation. Delivery Point means the address, depot, or other location specified in the Order Confirmation for delivery/collection. Order means your order placed via the Site, email or phone. Order Confirmation has the meaning in clause 3. Region Annex means the region‑specific terms in Annex A (New Zealand), Annex B (Australia) and any future annexes. Working Day means a day other than a weekend or public holiday at our place of business.

2. Priority of documents

If there is any inconsistency: (a) the applicable Region Annex prevails over the body of these Terms for deliveries into that region; then (b) the body of these Terms; then (c) any other document published on the Site. Your terms (if any) are of no effect unless expressly agreed in writing by us.

3. Formation of contract

3.1 Submitting an Order is an offer to buy Goods. A binding Contract forms only when we issue an Order Confirmation or dispatch the Goods, whichever occurs first.

3.2 We may accept or decline an Order (in whole or part) at our discretion, including where stock is unavailable, pricing is in error, or delivery is impracticable.

4. Prices, taxes and currency

4.1 Prices are as shown on the Site or in our quotation at the time of Order, subject to clause 3.2. Unless stated otherwise, prices are exclusive of taxes, duties, customs charges and delivery.

4.2 Taxes. Taxes (including GST/VAT/sales taxes) and any customs or import duties are your responsibility and will be added at checkout or invoiced where applicable according to our registration status and the Delivery Point.

4.3 Currency. NZ deliveries are priced and payable in NZD; AU deliveries in AUD; other regions as notified on the Site or in the Order Confirmation.

5. Payment terms

5.1 Pre‑payment is required unless we approve credit terms in writing. If credit is approved, invoices are due on the 20th of the month following invoice date (or as stated on the invoice).

5.2 You must not withhold, set‑off, or deduct any amounts. We may charge default interest at 2% per month on overdue amounts, accruing daily until paid in full.

5.3 We may suspend supply or cancel any Order where any amount is overdue or a credit limit exceeded.

6. Delivery, risk and insurance

6.1 Delivery options. Delivery methods will be stated at checkout or on your quotation (e.g., carrier to farm gate, delivery to nominated depot for collection, or your nominated carrier).

6.2 Risk. Risk in the Goods passes on delivery to the Delivery Point or to your nominated carrier, whichever occurs first. You are responsible for unloading, safe handling, storage and insurance from that time.

6.3 Dates are estimates. Delivery dates are indicative only. We are not liable for delay caused by carrier capacity, customs, port or weather disruptions, strikes, acts of God, or events beyond our reasonable control.

6.4 Inspection on arrival. You must: (a) visually inspect the Goods on delivery/collection; and (b) notify us in writing of any visible damage, short‑delivery or error within 3 Working Days of delivery/collection (with photographs). For latent defects, notify us within 10 Working Days of discovery and in any event within the warranty period in clause 9.

7. Title and security (retention of title)

7.1 Title in the Goods passes to you only when we receive full, cleared payment for those Goods and all other amounts you owe us.

7.2 Until title passes, you will: (a) hold the Goods as our bailee; (b) store them separately, clearly marked as our property; (c) keep them insured; and (d) not sell, pledge or create any security interest in them other than in the ordinary course of your business.

7.3 We may register and maintain a security interest in the Goods (and their proceeds) on the applicable personal property securities register and you will do all things reasonably required to perfect that interest.

7.4 If you default, we (or our agents) may enter your premises during normal business hours to recover the Goods. This right exists in addition to any other remedies.

8. Use, fitness and technical guidance

8.1 Professional use. You are responsible for selecting Goods suitable for your baler, crop type, bale size and conditions, and for ensuring competent, safe use by trained personnel.

8.2 Compatibility and setup. Baler setup (net wrap tension, knife sharpness, brake settings, bale density, moisture level, etc.) materially affects performance and wrap yield. Follow the baler manufacturer’s instructions and our product guidance.

8.3 Natural‑fibre variability. Jute is a natural fibre. Reasonable batch‑to‑batch variations in colour, fibre thickness, softness, odour, and splice or join frequency are normal and do not of themselves constitute a defect.

8.4 Prohibited uses. Goods are not designed for lifting humans or animals, towing, load‑securing on public roads, or any use contrary to applicable safety standards.

9. Warranty and returns (business customers)

9.1 Limited warranty. We warrant that Goods will be: (a) of merchantable quality for agricultural baling applications; and (b) free from material defects in materials and workmanship for 6 months from delivery (or any longer period published for the specific product).

9.2 Remedies. If Goods fail to comply with the warranty, our liability is (at our option) to refund the price of returned Goods. You must provide reasonable evidence (photos, batch/roll numbers, usage conditions) and follow our returns process.

10. Liability

10.1 Consequential loss excluded. To the maximum extent permitted by law, we exclude liability for loss of profit, revenue, contract, production, goodwill, or any indirect or consequential loss.

10.2 Cap. Our aggregate liability for any claim connected with the Contract is limited to the price paid for the Goods giving rise to the claim.

10.3 Non‑excludable laws. Nothing in these Terms excludes liability for fraud, wilful misconduct or personal injury caused by negligence, or limits any liability that cannot be excluded under applicable law. See the Region Annex for non‑excludable consumer or small‑business rights in particular jurisdictions.

11. Compliance and ethics

11.1 You must comply with all laws applicable to the purchase, transport, storage and use of the Goods (including biosecurity and environmental rules).

11.2 You must not use the Site or the Goods in breach of sanctions, anti‑bribery, or export control laws. We may cancel an Order that would breach such laws.

12. Intellectual property

All intellectual property in the Site, the EcoNet Store and Kiwi‑EcoNet™ brands, and related materials is owned by us or our licensors. No right, title or interest transfers to you other than to use the Goods you purchase.

13. Privacy

We collect and use personal information in accordance with our Privacy Policy (available on the Site). By using the Site or placing an Order you consent to that collection and use. You warrant that any personal information you provide is accurate and that you have authority to provide it.

14. Force majeure

We are not liable for delay or failure to perform caused by events beyond our reasonable control, including acts of God, extreme weather, fire, flood, war, governmental actions, labour disputes, carrier or port disruptions, epidemic/pandemic, or shortage of materials.

15. Termination and suspension

We may suspend or cancel an Order or the Contract where you are in material breach, insolvent, or where fulfilment would be unlawful. You may cancel only with our written consent and on terms that indemnify us for loss (including restocking and freight).

16. Notices and communications

Formal notices must be sent to the addresses in the Order Confirmation (or as updated in writing). Routine communications may be by email.

17. Changes to Terms

We may update these Terms by posting a new version on the Site. The version in force at the time of your Order applies to that Order.

18. Governing law and disputes

The governing law and jurisdiction depend on the Delivery Point as set out in the applicable Region Annex. Before commencing proceedings, the parties will confer in good faith and consider mediation.

Region Annexes

Annex A – New Zealand deliveries

A1 Governing law. The Contract is governed by New Zealand law and the parties submit to the non‑exclusive jurisdiction of the New Zealand courts. Venue for any proceedings is Auckland.

A2 Business purposes. Contracting out. You confirm the Goods are acquired for business purposes. To the extent permitted by law, the parties contract out of the Consumer Guarantees Act 1993. To the extent permitted by section 5D of the Fair Trading Act 1986, where both parties are in trade and it is fair and reasonable, the parties contract out of sections 9 (misleading or deceptive conduct), 12A (unsubstantiated representations) and 13 (false or misleading representations) in respect of the Contract.

A3 Mandatory rights preserved. Nothing in these Terms excludes any non‑excludable rights or remedies under New Zealand law that cannot lawfully be contracted out of.

A4 PPSA (optional). You: (a) agree that these Terms create a security interest under the Personal Property Securities Act 1999 over Goods supplied until paid in full; (b) waive the right to receive a copy of any verification statement; and (c) agree that sections 114(1)(a), 117(1)(c), 133 and 134 of the PPSA do not apply to the extent permitted by law.

Annex B – Australia deliveries

B1 Governing law. The Contract is governed by the laws of the State or Territory of delivery in Australia and the parties submit to the non‑exclusive jurisdiction of its courts.

B2 Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any rights you may have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), including any non‑excludable guarantees. Where it is lawful, and only to that extent, our liability is limited as set out in clause 9.2.

B3 Unfair contract terms. Standard‑form contracts with small businesses are subject to the unfair contract terms regime. We do not seek to rely on any term to the extent it is unlawful. If a term is found unfair, it will be severed or read down and the remainder will continue.

B4 PPSA (optional). You grant us a purchase money security interest in the Goods under the Personal Property Securities Act 2009 (Cth) until paid in full and consent to PPSR registration. To the extent permitted, you waive rights to receive certain notices.

Annex C – United States deliveries (to be activated when US sales commence)

C1 Governing law. The Contract is governed by the laws of the State designated in the Order Confirmation (default Delaware law), excluding its conflict‑of‑laws rules, and subject to the UCC.

C2 Warranty disclaimer and limitation. To the fullest extent permitted by applicable law, implied warranties (including merchantability and fitness for a particular purpose) are disclaimed. Remedies are limited to repair, replacement, or refund as set out in clause 9.2. Some States do not allow limitations on implied warranties or exclusion of incidental or consequential damages; in such States these limitations apply only to the extent permitted.

C3 Forum. The parties submit to the exclusive jurisdiction and venue of the state and federal courts located in the State identified in C1.

Schedule – Returns & Claims Process (summary)

1. Notify us promptly with order number, roll/batch numbers, photos/video, and a description of the issue and setup conditions.
2. Hold the roll(s) and any loose wrap in a safe, dry place pending assessment. Do not dispose of the Goods until we advise.
3. Assessment. We may request more information or a physical sample. If a defect is confirmed, we will arrange replacement or refund in accordance with clause 9.
4. Freight. For confirmed defects we will cover reasonable return or disposal freight as agreed. Where no defect is found, you are responsible for freight and a reasonable inspection fee may apply.

Contact

Terces Ltd, trading as EcoNet Store
Phone: +64 27 292 6595
NZBN: 9429032706895
GST: 099895047