Terms of Service

Last updated: 1 January 2025

1. About these terms

These Terms of Service apply to all quotations, orders, deliveries of agricultural supplies and the provision of farming services provided by Hopkins Ag Pty Ltd (ABN 97 702 441 969) of Melbourne VIC, Australia (“we”, “us” or “our”) to you, the customer (“you”). By placing an order, accepting a quotation, or engaging us to perform farming services, you agree to be bound by these terms.

These terms are read together with our Privacy Policy and any quote or written agreement we provide to you. Where a signed agreement conflicts with these terms, the signed agreement prevails to the extent of the inconsistency.

2. Quotations and pricing

Quotations provided by us are valid for 30 days from the date of issue unless otherwise stated in writing. All prices are quoted in Australian dollars (AUD) and are exclusive of GST unless expressly stated otherwise.

Quotations are based on current supplier pricing, freight rates and labour availability. If supplier or freight costs materially increase before an order is confirmed, we reserve the right to adjust the quoted price and will notify you before proceeding.

3. Orders

An order is only accepted once we issue a written order confirmation or begin performance of the work. We may decline or cancel an order in whole or in part where goods are unavailable, where you have an overdue account, or where fulfilment would be impractical for reasons beyond our reasonable control.

4. Payment

Unless otherwise agreed in writing, invoices are payable within 14 days of the invoice date. We may require a deposit before ordering specialty stock or commencing on-farm services.

If an invoice remains unpaid beyond its due date, we may suspend further deliveries or services and charge reasonable late-payment costs. You remain liable for all amounts outstanding, including reasonable costs of recovery where permitted by law.

5. Delivery and supply of goods

Delivery timeframes are estimates only and may be affected by seasonal demand, supplier availability, freight schedules and weather events. We will notify you promptly if a delivery is expected to be delayed.

Risk in goods passes to you on delivery to the address you nominate or on collection from our premises. Title in goods passes to you only once we have received payment in full for those goods and any other amounts owing on your account.

You must inspect goods on delivery. Claims for short delivery, damage or defects must be made to us in writing within a reasonable time after delivery, and in any event within 7 days, so that we can investigate and resolve the matter.

6. Farming services

Where we provide on-farm services, including but not limited to crop sowing support, spraying, harvesting support, machinery operation and general farm labour, you agree to:

• provide safe and lawful access to the property and work areas;
• disclose any site hazards, including livestock, dams, powerlines, uneven terrain and underground services;
• ensure that any animals, equipment or infrastructure under your control do not create an unreasonable risk to our workers; and
• obtain any permissions, licences or approvals required for the work to be carried out.

Services may be rescheduled where weather, machinery breakdown or biosecurity requirements make performance unsafe or impractical. We will work with you to agree an alternative time where this occurs.

7. Cancellation and variations

If you cancel an order for goods after our suppliers have been engaged, we may charge reasonable costs already incurred, including restocking and freight costs. If you cancel booked services with less than 48 hours’ notice, a reasonable cancellation fee may apply.

Variations to the scope of services must be agreed in writing. We may charge additionally for work outside the agreed scope at our standard rates.

8. Consumer guarantees under Australian law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law, which forms part of the Competition and Consumer Act 2010 (Cth). You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded.

9. Liability

To the fullest extent permitted by law, and except for liability that cannot be excluded under the Australian Consumer Law, we are not liable for any indirect, incidental or consequential loss, including loss of profits, loss of crops or livestock, or loss arising from delays beyond our reasonable control.

Where we are liable for a breach of a consumer guarantee or other non-excludable obligation, our liability is limited, to the extent permitted by law, to the resupply of the goods or services or the cost of resupplying them.

10. Indemnity

You indemnify us against loss or damage arising from your breach of these terms, your unlawful use of goods or services supplied by us, or hazards at your property that you failed to disclose as required by clause 6.

11. Force majeure

We are not liable for failure or delay in performance caused by events beyond our reasonable control, including drought, flood, fire, biosecurity restrictions, industrial action, supplier failure, freight disruption or changes in government regulation.

12. Intellectual property

All content on this website and in our quotations, reports and advice remains the property of Hopkins Ag Pty Ltd or its licensors. You may use materials supplied to you for your own farming operations but may not reproduce or resell them commercially without our written permission.

13. Privacy

We handle personal information in accordance with our Privacy Policy, which forms part of these terms.

14. Governing law and disputes

These terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.

If a dispute arises, please contact us first so we can seek to resolve the matter fairly and promptly. This clause does not prevent either party from seeking urgent relief where required.

15. Changes to these terms

We may update these terms from time to time. The current version published on this website applies to orders and engagements placed after the date of publication. Material changes will be flagged with an updated “last updated” date above.

16. Severability

If any provision of these terms is held to be invalid or unenforceable, the remaining provisions continue in full force and effect.

17. Contact us

Questions about these terms can be directed to:

Hopkins Ag Pty Ltd
ABN 97 702 441 969
Melbourne VIC, Australia
Email: ceo@hopkinsag.online
Website: hopkinsag.site

You can also reach us via our contact page or request pricing through our quote form. To learn more about our business, see About Us, explore our agricultural supplies and farming services, review why customers choose us, or check the Melbourne VIC areas we serve.