Product Price Listcdn-au.mailsnd.com/6428/Np2c9-uT6pV50...AMISTAR 250 SC Fungicide 250 g/L...

Product Price List

Effective 1st DECEMBER 2015

Effective 1st DECEMBER 2015

Syngenta Australia Pty Ltd Level 1, 2-4 Lyonpark Road Macquarie Park NSW 2113 PO Box 886 North Ryde BC NSW 1670 National Customer Service Centre Order enquiries, please ask for: Jo Gentle – Southern CU Klav Narsey – Northern CU Priscilla Lo – Central CU Rebecca Robinson– Western CU/ Lawn & Garden Ruby Ali – Vegetable Telephone: 1800 022 035 Facsimile : 1800 815 352 Visit our website at www.syngenta.com.au

DOES THE ORDER YOU ARE PLACING EXCEED OUR MINIMUM ORDER LEVEL OF $2,000?

ORDERS BELOW $2,000 ATTRACT A SURCHARGE OF $75.

Product Description

Change since last price list #

Product Code

Unit Pack Size

Packs per Shipper

Shippers per Pallet

Trade Price per Shipper (ex GST)

Trade Price per Pack (ex GST)

ACTARA 250 WG Insecticide 250 g/kg thiamethoxam

0016124 2 kg 1 175 575.00 575.00

ADIGOR Spray Adjuvant methyl esters of canola oil fatty acids

0034406 20 L 1 40 152.25 152.25

AFFIRM Insecticide 17 g/L emamectin

0453501 20L 1 40 1,595.80 1,595.80

AGRAL 600 Spray Adjuvant 600 g/L nonyl phenol ethylene oxide condensate non-ionic organic surfactant

0031034 0031033

5 L

20 L

4

1

24

40

177.86

143.44

44.47

143.44

ALTO 100 SL Fungicide 100 g/L cyproconazole

0522207 5 L 4 24 3,192.00 798.00

AMISTAR 250 SC Fungicide 250 g/L azoxystrobin

0019830

5 L

4

30

888.89

222.22

AMISTAR TOP Fungicide 200 g/L azoxystrobin, 125 g/L diffenconazole

0042121 5L 4 24 1,325.00 331.25

APRON XL 350 ES Fungicide Seed Dressing 350 g/L metalaxyl-M

0452901 0452917

1 L

20 L

6

1

72

40

2,206.10

6,893.26

367.68

6,893.26

BOGARD 100 WG Fungicide 100 g/kg difenoconazole

0029421 1 kg 8 27 800.00 100.00

These prices exclude GST. A 10% GST will be added on Invoice. Orders only in Shipper Quantities.

Drum Muster Levy of 4 cents per Litre/Kilogram included where applicable.

Effective 1st DECEMBER2015

Product Description


Product Code

Unit Pack Size

Packs per Shipper

Shippers per Pallet



BRAVO WEATHERSTIK Fungicide 720 g/L chlorothalonil

0034096 10 L 2 18 340.20 170.10

CADENCE 700 WG Herbicide 700 g/kg dicamba

0021067 5 kg 1 72 157.53 157.53

CHESS 500 WG Alphicide 500 g/L pymetrozine

0041334 1 kg 10 27 3,250.00 325.00

CHORUS 500 WG Fungicide 500 g/kg cyprodinil

0031603 5 kg 4 16 1,470.00 367.50

COGITO Fungicide 250 g/L propiconazole 250 g/L tebuconazole

51087 51086

100 L

10 L

1 2

9

27

2,500.00

500.00

2,500.00

250.00

CONCEP II Sorghum Seeds Safener 700 g/kg oxabetrinil

0045391 10 x 36 g 8 48 1,449.00 181.13

DEMAND Insecticide 25 g/L lambda-cyhalothrin

0047414 500 ml 20 32 721.00 36.05

DUAL GOLD 960 EC Herbicide 960 g/L s-metolachlor

0452987 0453004 0031237 0042604

5 L

20 L

100 L

1000 L

4 1 1 1

24

40 9 1

503.13

260.00

1,333.33

12,777.78

125.78

260.00

1,333.33

12,777.78




Product Description


Product Code

Unit Pack Size

Packs per Shipper

Shippers per Pallet



DURIVO Insecticide 200 g/l thiamethoxam 100 g/l chlorantraniliprole

0047864 0042605

1 L

5 L

6 4

72

24

2,730.00

9,100.00

455.00

2,275.00

EMERGE 600 Insecticide Seed Treatment 600 g/L imidacloprid

0048943 10 L 2 26 711.11 355.55

ERREX 750 Plant Growth Regulator 582 g/L chlormequat

0051453 20L 1 32 170.00 170.00

FUSILADE FORTE Herbicide 128 g/L fluazifop-P Present as the butyl ester

0033251 0025269 0025327

1 L

5 L

20 L

12 4 1

48

30

32

782.80

1,009.40

906.40

65.23

252.35

906.40

GESAGARD 500 SC Liquid Herbicide 500 g/L prometryn

0198668 20 L 1 40 263.81 263.81

GESAPAX COMBI 500 SC Herbicide QLD, NSW, WA Only 250 g/L atrazine, 250 g/L ametryn

0198404

20 L

1 40 263.76 263.76

GESAPRIM 900 WG Herbicide 900 g/L atrazine

0035212 0032454

10 kg

15 kg

1 1

45

36

74.40

111.60

74.40

111.60

GESATOP 900 WG Herbicide 900 g/L simazine

0052226 0402061

10 kg

15 kg

1 1

45

36

76.63

114.95

76.63

114.95

GRAMOXONE 250 AC Herbicide 250 g/L paraquat

0053131 0053132 0053133

20 L

100 L

1000 L

1 1 1

40 9 1

141.36

728.41

6,897.73

141.36

728.41

6,897.73




Product Description


Product Code

Unit Pack Size

Packs per Shipper

Shippers per Pallet



GRAMOXONE 360 PRO AC Herbicide 360 g/L paraquat

0053779 0053780

100 L

1000 L

1 1

9

1

844.44

7,800.00

844.44

7,800.00

KARATE ZEON 250 SC Insecticide 250 g/L lambda-cyhalothrin

0030907 0030908

1 L

5 L

12 4

40

30

1,428.84

2,381.40

119.07

595.35

KRISMAT WG Herbicide 18 g/kg trifloxysulfuron sodium, 731g/kg ametryn

0012334 5 kg 4 16 600.00 150.00

LOGRAN B POWER 720 WG Herbicide 520 g/kg triasulfuron, 200 g/kg butafenacil

0032275 1.5 kg 4 40 1,286.84 321.71

MAXIM 100 FS Fungicide Seed Treatment 100 g/L fludioxonil

0023740 5 L 4 30 5,300.00 1,325.00

MAXIM XL Fungicide Seed Treatment 250 g/L fludioxonil, 10 g/L metalaxyl-M

0037188 0033680

1 L

5 L

6 4

72

24

1,846.93

6156.44

307.82

1,539.11

MODDUS 250 EC Growth Regulator 250 g/l trinexapac

0027085 0047822

5 L

20L

4 1

24

40

2,500.00

2,500.00

625.00

2,500.00

PIRIMOR 500 WG Alphicide 500 g/kg pirimicarb

0030281

5 kg

1

105

210.00

210.00

PRIMEXTRA GOLD 660 SC Liquid Herbicide 290 g/kg S-metalachlor, 370 g/L atrazine

0452934 20 L 1 40 220.00 220.00

PROCLAIM 44 SG Insecticide 44 g/kg emamectin

0015088 0039491

600 g

3 kg

10 4

24

24

2,110.00

4,140.00

211.00

1,035.00

REGLONE 200 AC Herbicide 200 g/L diquat

0037969 0030171 0022012

5 L

20 L

100 L

4 1 1

24

40

9

381.80

288.40

1,442.00

95.28

288.40

1,442.00




Product Description


Product Code

Unit Pack Size

Packs per Shipper

Shippers per Pallet



RIDOMIL GOLD 25G Fungicide 25 g/kg metalaxyl-M

0452903 10 kg

1

32 127.00 127.00

RIDOMIL GOLD 480 SL Fungicide 480 g/L metalaxyl-M

0047146 0047253

1 L

5 L

12

4

40

30

3,372.39

5,620.65

281.03

1,405.16

RIDOMIL GOLD MZ 680 WG Fungicide 640 g/kg mancozeb 40 g/kg metalaxyl-M

0025864 5 kg 4 16 595.00 148.75

RIDOMIL GOLD PLUS 650 WP Fungicide 390 g/kg copper as 600 g/kg copper hydroxide 50 g/kg metalaxyl-M

0032888 4 x 2.25 kg 1 60 380.00 380.00

SCORE 250 EC Fungicide 250 g/L difenoconazole

0402818 5 L 4 27 1,050.00 262.50

SPRAY SEED 250 AC Herbicide 135 g/L paraquat 115 g/L diquat

0053014 0053016 0053017

20 L

100 L

1000L

1

1

1

40

9

1

189.09

967.05

9,284.09

189.09

967.05

9,284.09

SWITCH 625 WG Fungicide 375 g/kg cyprodinil 250 g/kg fludioxonil

0023744 0034296

1 kg

5 kg

10

4

27

16

1,634.00

3,205.72

163.40

801.43

TALON ANT KILL GEL Insecticide 0.1 g/kg thiamethoxam

0047341 12 x 6 x 5 g 6 x 12 24 437.75 6.08




Product Description


Product Code

Unit Pack Size

Packs per Shipper

Shippers per Pallet



TALON PELLETS Rodenticide 0.05 g/kg brodifacoum Talon orders of $500 or more will not incur the min order surcharge.

0040847 0040549 0030160

150 g

1 kg

10 kg

6

6

1

300

66

32

25.25

103.00

106.09

4.21

17.17

106.09

TALON WAX BLOCKS Rodenticide 0.05 g/kg brodifacoum Talon orders of $500 or more will not incur the min order surcharge.

0037166 0030284

1 kg

2.4 kg

6

1

36

150

177.88

60.72

29.65

60.72

TALON XT PRO Rodenticide(500 wax blocks) 0.05 g/kg brodifacoum Talon orders of $500 or more will not incur the min order surcharge.

0042306 10kg 1 36 160.15 160.15

TECTO 500 SC Fungicide 500 g/L thiabendazole

0030120 5 L 2 48 561.00 280.50

THIOVIT JET 800 WG Dry Flowable Sulphur 800 g/kg sulfur Min order 1 pallet

0031596 15 kg 1 60 31.00 31.00

TILT EC Fungicide 250 g/L propiconazole

0198021 0013622 0030678

5 L

20 L

100 L

4

1

1

27

40

9

337.71

278.97

1,394.86

84.43

278.97

1,394.86

TOPAS 100 EC Fungicide 100 g/L penconazole

0403091 5 L

4

27 2,415.00 603.75

TOPIK 240 EC Liquid Herbicide 240 g/L clodinafop-propargyl 60 g/L cloquintocet-mexyl

0452867

5 L

2

48

401.70

200.85

VERTIMEC 18 EC Insecticide 180 g/L abamectin

0600009 5 L 4 24 1,075.20 268.80




TERMS AND CONDITIONS OF SALE 1. INTERPRETATION

In these conditions unless the contrary intention appears: “Additional Charges” includes all delivery, handling and storage charges, GST, stamp duty, interest, legal and other costs on recovery of unpaid mon-ies and all other Government imposts, and all moneys other than the Pur-chase Price of the Goods payable by the Buyer to SYNGENTA for or as a result of the sale of the Goods; “Agreed Date” means the date determined in accordance with clause 5.4; “Buyer” means the person to or for whom Goods are to be supplied by SYNGENTA; “CHEP” means Brambles Australia Limited trading as CHEP Australia; “Delivery” is deemed to have occurred at the moment that the Goods are loaded into or onto a vehicle or other means of transportation to, for or on behalf of the Buyer (whether the carrier in question was appointed by the Buyer, or by SYNGENTA, or by SYNGENTA on behalf of the Buyer, and irrespective of any delay between loading and actual transportation); “Due Date” means that date determined in accordance with clause 6.3; “Goods” means chemical products marketed by SYNGENTA; “GST” means Goods and Services Tax; “Specifications” means the specifications for the Goods in question set out in the APVMA product registration for those Goods; “SYNGENTA” means Syngenta Crop Protection Pty Limited; “Person” and words importing persons includes any corporation partnership, or unincorporated association; “Purchase Price” means the price payable by the Buyer for the Goods supplied or to be supplied by SYNGENTA. Where the Buyer comprises two or more persons an agreement or obligation to be performed or observed by the Buyer binds those persons jointly and each of them severally, and a reference to the Buyer includes a reference to any one or more of those persons. Words importing the singular include the plural and vice versa and words importing the masculine include the feminine and neuter. Where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding mean-ings. The Buyer and SYNGENTA each include their respective successors and permitted assigns. Headings are included for convenience and do not affect the interpretation of these Terms and Conditions. 2. OPERATION 2.1 All orders for and supply of the Goods are, subject to the provisions of Clause 14 hereof, governed solely by these Terms and Conditions. 3. ORDERS FOR SALE

3.1 Subject to clause 14, the Goods which the Buyer wishes to purchase from time to time must be ordered from SYNGENTA upon the forms as are, or in such other way (if any) as is, approved by SYNGENTA from time to time. 3.2 SYNGENTA is not obliged to accept any order for the Goods received from the Buyer. SYNGENTA may accept an order for the Goods re ceived from the Buyer in whole or part by notifying the Buyer in writing or by electronic notification of the acceptance or by delivering the Goods described in the order to the Buyer. No other acknowledgment or receipt of money will constitute an acceptance of the order by SYN GENTA. 3.3 The Buyer authorises SYNGENTA to complete, to the extent of the acceptance of the order by SYNGENTA, any order form received from the Buyer and agrees to be bound by the terms of the completed order form as if the order had been complete at the time it was signed by the Buyer. An order from the Buyer which has been accepted in whole or in part by SYNGENTA cannot be cancelled by the Buyer without obtaining the prior written approval of SYNGENTA, such approval may be withheld by SYNGENTA in its sole and absolute discretion. All Goods are sold on the express condition that the Buyer does not re- pack, reformulate or re-label them. The inclusion of a Good in SYNGENTA’s price list does not imply that it is registered and available for sale in any particular State or Territory. Buyers should check the registration and availability of all Goods prior to purchase. 4. WARRANTIES 4.1 All Goods comply with the Specifications for those Goods. To the ex tent permitted by law, all other implied terms and warranties are excluded. The Buyer must not make any claims or representations about Goods or their suitability for any purpose, beyond the claims, if any, made in the Specifications for the Goods. Where the Goods are not stored, handled or used correctly and in accordance with directions on the label and/or the material safety data sheet, no express or implied representations or warranties concerning the Goods (other than non-excludable statutory warranties) will apply. 4.2 In the event that SYNGENTA is found liable for a breach of the warranty in clause 4.1 or a breach of a term or warranty implied by law,

SYNGENTA will only be liable for either the cost of replacing those Goods or a refund of the price paid for those Goods, in its sole discretion 4.3 SYNGENTA will not be liable for any claim in respect of Goods, excluding any claim for short delivery which is governed by clause 5.6 hereof, unless the claim is made in writing to SYNGENTA and is ac companied by a sample of sufficient quantity to enable SYNGENTA to properly test the product to determine if it has been manufactured in accordance with the Specifications for the Goods in question, within the later of: thirty (30) days of the Delivery of the Goods in question to the Buyer; or seven (7) days after the Buyer becomes aware of a potential claim against SYNGENTA in respect of the Goods in question. 4.4 SYNGENTA does not accept any responsibility for the handling, stor-

age or use of Goods after Delivery. Suitability of the Goods for any purpose is limited to this stated in the Specification for the Goods in question. Each user must (and the Buyer must ensure that its terms of sale provide that each user must) determine the suitability of the Goods for any particular purpose and take all proper precautions in the handling, storage and use of the Goods.

4.5 In the event of a claim against SYNGENTA, the Buyer must cooperate with SYNGENTA in the investigation of the claim including but not limited to: providing SYNGENTA with all information in the possession of the Buyer or its agents, representatives or customers relating to the handling, storage and use of the Goods; and authorising SYNGENTA to inspect the Goods at the Buyer’s premises or taking all reasonable steps to obtain authorisation for SYNGENTA to inspect the Goods at such other premises as the Goods are stored (including but not limited to ensuring in the Buyer’s terms of sale a right for the Buyer to inspect Goods purchased from it, wherever they are stored, and whether on its own behalf or that of the manufacturer or supplier of the Goods).

5. DELIVERY AND ADDITIONAL CHARGES 5.1 Goods will be delivered from the premises of SYNGENTA or such

other place as SYNGENTA may determine. 5.2 Delivery of the Goods will be made to, for, or on behalf of the Buyer by; (a) physical collection by the Buyer or its representatives; or (b) loading the Goods onto a carrier, for transportation to, for or on behalf

of the Buyer either: (i) engaged by the Buyer; or (ii) if so requested by the Buyer, engaged on behalf of the Buyer by SYN-

GENTA. 5.3 All delivery charges (including but not limited to all carrier charges and

transit insurance charges and any Additional Charges thereon) must be paid by the Buyer direct to those whom such payment is payable or to SYNGENTA, if so requested by SYNGENTA, where the carrier has been engaged by SYNGENTA. All such delivery charges must be paid by the Buyer on or before the due dates for payment thereof.

5.4 SYNGENTA will take reasonable steps (subject, amongst other things, to the availability and/or performance of any carrier involved) to ensure that Delivery of Goods takes place on the date agreed by the parties (the “Agreed Date”). The Buyer acknowledges that SYNGENTA will be under no liability whatsoever if Delivery is not made on the Agreed Date.

5.5 If SYNGENTA, for any reason whatsoever is able to make only a par-tial delivery of the Goods, the Buyer will nevertheless accept partial delivery and pay the Purchase Price and any Additional Charges for such Goods as are delivered to it in the manner agreed herein.

5.6 SYNGENTA will not be responsible for short delivery or discrepancy in the quantity of the Goods delivered unless:

(a) Notification of same is received from the Buyer and confirmed in writ-ing within seven (7) working days following Delivery of the Goods; and

(b) An inspection of the Goods delivered and of the Buyer’s premises, satisfactory to SYNGENTA, is at its option, carried out by SYNGENTA.

5.7 SYNGENTA’s liability with respect to proven short delivery is limited to replacement of the missing Goods as soon as reasonably practicable.

5.8 Goods cannot be returned to SYNGENTA for credit unless the Buyer has SYNGENTA’s prior written consent to do so. All returned Goods must be accompanied by SYNGENTA’s “Product Returned for Credit” Report or “Return Delivery Docket” completed by the Buyer’s local Territory Sales Manager. Goods returned for credit without the above documents will be returned to the Buyer at the Buyer’s risk and ex-pense. All returns should be accompanied by the appropriate Material Safety Data Sheet or Emergency Procedure Guide. All goods are to be returned in a saleable condition. A charge of 10% will be levied on returned Goods that require repackaging. Any Goods identified as un-saleable will be returned to the Buyer at the Buyer’s risk and expense.

5.9 SYNGENTA has the right to impose upon the Buyer as an additional charge, a reasonable fee (plus Additional Charges) for the storage of the Goods, if delivery instructions for the Goods are not provided by the Buyer within seven (7) days of a request by SYNGENTA for such information.


5.10 The minimum order size for the purchase of Goods from SYNGENTA is $2000. Individual orders of less than $2000 will be charged a handling fee of $75. SYNGENTA has the right, subject to notification thereof to the Buyer at the time of an order for the Goods being received from the Buyer by SYNGENTA, to impose at its discretion any other additional charge as it sees fit as a handling fee in relation to small orders for Goods.

5.11 The description of the Goods on the purchase order form accepted by SYNGENTA will be the definitive description of the Goods and will pre-vail over all other descriptions of the Goods including any Buyers’ specifi-cations or inquiries.

5.12 Any order requested for immediate delivery or collection will incur a $35 urgent processing fee.

6. PRICE AND PAYMENT 6.1 The Purchase Price charged for the Goods will be the Purchase Price in

effect at the date of Delivery and will be exclusive of Additional Charges, unless otherwise agreed in writing.

6.2 The Buyer must pay in addition to the Purchase Price all Additional Charges relevant to the supply of the Goods as in-voiced by SYNGENTA to the Buyer from time to time.

6.3 Subject to the provisions of these Terms and Conditions (and in particu-lar sub-clause 6.4 hereof) and unless otherwise agreed in writing pay-ment of the Purchase Price and the Additional Charges is due and payable thirty (30) days after the date of invoicing, except when otherwise agreed in writing by SYNGENTA (“the Due Date”).

6.4 Without limiting clause 9.2 hereof the Purchase Price and the Additional Charges will become immediately due and payable (if not then already due and payable) if:

(a) the Buyer takes or has taken or instituted against it any action or pro-ceeding whether involuntary or compulsory which has as an object or may result in the winding up of the Buyer (other than voluntary winding up for the purposes of amalgamations or reconstruction); or

(b) a provisional liquidator is appointed of the Buyer; or (c) a mortgagee or any other party enters into possession of the property of

the Buyer; or (d) execution is levied upon any of the assets of the Buyer; or (e) the Buyer enters into of any arrangements, composition, compromise,

agreement or understanding with the Buyer’s creditors pursuant to the Corporations Act 2001 (Cth); or

(f) the Buyer is placed under official management of a receiver or a receiver and manager is appointed over the whole or any part of its undertaking.

6.5 All payments of Purchase Price and Additional Charges must be made by the Buyer on or before the Due Date as a condition precedent to future deliveries and/or sales of Goods being made by SYNGENTA to the Buyer.

6.6 Payment of the Purchase Price and Additional Charges by the Due Date is an essential term of the contract for the sale of the Goods.

6.7 Any remittance or tender in any medium other than cash will effect pay-ment only to the extent of cash finally collected and received by SYN-GENTA in respect of that remittance or tender.

6.8 Purchase Prices in the price list, depending on destination, may be Ex-works, Free into Store or Free on Board, subject to clause 8 herein Pur-chase Prices invoiced to the Buyer will be those current at the date of Delivery.

7. RISK 7.1 The risk of and in respect of the Goods passes to the Buyer on Delivery

to the Buyers nominated transport company, Buyers nominated delivery address or on collection by the Buyer from the Syngenta Warehouse.

8. OWNERSHIP AND RETENTION OF TITLE 8.1 Title in the Goods will remain with SYNGENTA until the Buyer has paid

to SYNGENTA the Purchase Price together with all Additional Charges in respect of the Goods in question. However, the risk in and to the Goods shall pass to the Buyer on Delivery.

8.2 Until payment of the Purchase Price and Additional Charges,

(i) SYNGENTA shall be entitled to the proceeds of any dealing in the Goods

(including the proceeds of sale of the Goods), and

(j) (ii) the Buyer will hold and store the Goods sold to it by SYNGENTA as

bailee, in such a way that clearly identifies those Goods as being property of

SYNGENTA and without limiting the generality thereof, the Buyer must

ensure that the Goods are stored in a safe and proper position separate and

apart from other goods which are not the property of SYNGENTA and

clearly label the Goods so as to identity them as being the property of

SYNGENTA. Without limiting clause 8.7, any sale or use of the Goods by the Buyer is subject to SYNGENTA’s retained title to the Goods pending payment in full of the Purchase Price and any Addi-tional Charges due.

8.3 Until payment of the Purchase Price and Additional Charges, the Buyer must insure the Goods sold to it by SYNGENTA, against all usual risks, at least for the amount of the Purchase Price and Additional Charges thereon, and treat them with all proper care. The proceeds of any insur-ance claims in respect of damage to or destruction of the Goods are hereby assigned by the Buyer to SYNGENTA, to the extent that any amounts are owing to SYNGENTA in respect of the goods. The Buyer

also indemnifies SYNGENTA against all loss or damage to or caused by those Goods however arising on or after Delivery.

8.4 Notwithstanding anything else contained herein the Buyer must, whilst monies remain due and payable to SYNGENTA take the following steps or precautions to protect SYNGENTA’s interest in such Goods:

(a) notify any person who seizes or attempts to seize all or any of the Goods of SYNGENTA’s ownership thereof immediately as any such seizure or attempted seizure is made or otherwise first becomes known to it; and

(b) take all reasonable and lawful steps to prevent or otherwise hinder or obstruct the seizure or attempted seizure of the Goods, including but without limiting the generality thereof, arranging for the immediate inter-vention of the Police and the immediate notification of the seizure or attempted seizure to SYNGENTA; and

(c) not purport to create or permit to subsist any lien or other encumbrance on the Goods by any person and otherwise expressly advise as soon as possible any proposed or existing mortgagee, chargee or other encum-brancee of the assets of the Buyer, of SYNGENTA’s title in the Goods; and

(d) make no representations or warranties or otherwise act in such a manner as to create the understanding or impression or belief in any person that the Buyer has the right to deal with the Goods in any manner other than that permitted or provided for in these Terms and Conditions; and

(e) notify SYNGENTA immediately of any loss or damage to the Goods; and (f) permit SYNGENTA (without limiting the generality of sub-clause 9.1(b)

hereof) at any time or from time to time to enter and remain upon the premises of the Buyer at which the Goods are stored with or without vehicles for the purpose of removing them from the said Goods IN THE EVENT THAT:

(i) SYNGNETA has reasonable grounds for believing that such an attend-ance by it at that time is necessary, in all of the circumstances, to pre-vent the loss of the said Goods to SYNGENTA or from the control or possession of the Buyer, not being a loss arising from a bona fide sale or use of same by the Buyer; and/or

(ii) The Buyer has failed to pay to SYNGENTA the Purchase Price and all Additional Charges on or before the Due Date in accordance with these Terms and Conditions.

(g) disclose to SYNGENTA on request all information regarding the resale or use in production of the other products, of the Goods.

8.5 Without limiting the generality of sub-clause 9.1(b) hereof, if SYNGENTA retakes possession pursuant to Clause 8.4 hereof SYNGENTA reserves the right to resell any repossessed Goods and to apply the proceeds of such resale in satisfaction of monies owing by the Buyer to SYNGENTA in relation to the Goods.

8.6 The Buyer agrees to indemnify SYNGENTA from and against all pro-ceedings, including all claims, suits or litigations whatsoever brought by any person and arising from or being incidental to or by virtue of the entry onto the Buyer’s premises and removal of the Goods by SYNGEN-TA pursuant to its right to do so under sub-clause 8.4(f) hereof.

8.7 The Buyer agrees that in the event that: (a) the Buyer attempts to sell the Goods, or asserts to have sold the Goods

to a third party buyer, and (b) the title and property of those Goods is retained by SYNGENTA pursuant

to clause 8.1; then any monies paid by the third party buyer to the Buyer for those

Goods is held on trust for the benefit of SYNGENTA until such time as the Purchase Price and Additional Charges are paid in full to SYNGEN-TA.

8.8 The Buyer acknowledges and agrees that SYNGENTA shall be entitled to register a security interest under the Australian Personal Property Securities Act 2009 (Cth) or equivalent legislation in New Zealand in respect of any of its retention of title rights under this clause 8, and that the provisions of clauses 20 and 21 shall apply.

9. REMEDIES 9.1 In addition and without prejudice to any other right or remedy available to

SYNGENTA, if the Buyer fails to pay SYNGENTA the Purchase Price and/or Additional Charges due in respect of the Goods sold or supplied pursuant to these Terms and Conditions by the Due Date SYNGENTA may:

(a) sue the Buyer for the Purchase Price and/or Additional Charges; and/or (b) where the Goods are in possession or control of the Buyer, SYNGENTA

or its servants, agents or representatives may recover possession of the Goods wherever the Goods may be and the Buyer must assist and in-demnify SYNGENTA in relation to such recovery and if SYNGENTA thinks fit SYNGENTA may:

(i) resell the Goods AND retain the sale proceeds together with any deposit previously paid by the Buyer and recover from the Buyer any deficiency of monies then still outstanding to SYNGENTA (or account to the Buyer for any surplus) following resale, after charging the Buyer for all expens-es incurred in connection with such resale; or


(ii) retain the Goods and recover from the Buyer the loss of profit to SYN-GENTA on the transaction (after allowing for any deposit paid to SYN-GENTA) which may then be retained by SYNGENTA and/or

(c) recover from the Buyer interest on the unpaid and overdue Purchase Price and/or Additional Charges at the Reserve Bank of Australia’s cash rate plus 500 basis points at the time each overdue amount becomes due, plus a further 3% per annum on each overdue amount from the date or dates each overdue amount became due, until the full payment thereof has been made to SYNGENTA;

(d) recover from the Buyer all costs, charges, fees or disbursements in-curred or paid by SYNGENTA to a debt collector, solicitor or otherwise arising from or in relation to the recovery or attempted recovery made or undertaken by or on behalf of SYNGENTA of the unpaid Purchase Price and/or Additional Charges from the Buyer.

9.2 In the event that the Buyer takes or has taken or instituted against it any action or proceedings of the type or nature of that referred to in sub-clause 6.4 hereof then, SYNGENTA may without prejudice to any of its other rights (including but not limited its rights under clause 6.4);

(a) suspend further deliveries of Goods and/or; (b) require payment in advance for any further deliveries of Goods; and/or (c) terminate any contract with the Buyer for the sale or supply of Goods. 10. BUYER IS NOT SYNGENTA’S AGENT 10.1 The Buyer is not the agent of SYNGENTA in any respect and is not

authorised to hold itself out as the agent of SYNGENTA or purport to incur any obligation or make or give any promise, undertaking, warran-ty or representation on behalf of SYNGENTA.

11. PALLETS

The Buyer acknowledges and agrees that all pallets used in the Delivery of Goods must be treated as follows:

(a) The Buyer must account for any pallets that are, or have been identi-fied as CHEP pallets or pallets that are otherwise not owned by SYN-GENTA directly to the carrier of the Goods, regardless of whether that carrier was engaged by SYNGENTA or by the Buyer, on such terms as that carrier may nominate;

(b) All title and property in any pallets accompanying Goods that are the property of SYNGENTA passes to the Buyer on Delivery.

11.2 All risk in respect of any pallets accompanying Goods passes to the Buyer upon Delivery.

11.3 In no circumstance will SYNGENTA; (a) issue credit for the return of pallets, or (b) accept hiring responsibility for pallets by a transfer of pallets from a

Buyer’s CHEP account. 11.4 SYNGENTA will not accept the return of pallets from the Buyer or

otherwise except where: (a) the pallets accompany Goods that are returned for credit to SYNGEN-

TA in accordance with these Terms and Conditions, or (b) the pallets accompany Goods of which SYNGENTA retakes posses-

sion pursuant to these Terms and Conditions or otherwise according to the law.

11.5 The Buyer indemnifies SYNGENTA for any loss and damage suffered as a result of a breach of this clause by the Buyer.

12. WEIGHT & PRODUCT RECALL 12.1 In the absence of a proven defect in SYNGENTA’s system of weigh-

ing, the weights of the Goods will be the last weight determined by SYNGENTA system of weighing prior to Delivery.

12.2 SYNGENTA may, on giving as much notice to the Buyer as is reason-

ably practicable in the circumstances, withdraw any of the Goods from the scope of this Agreement and/or institute a recall of any of the Goods in the event that:

(a) SYNGENTA for whatever reason withdraws, discontinues, recalls or

otherwise disposes of the Goods in question; or (b) any competent authority requires the withdrawal from sale and/or the

disposal of the Goods in question; (c) SYNGENTA sells or otherwise divests that part of its business as

relates to the Goods in question. 12.3 The Buyer shall be responsible for effecting any recall of any of the

Goods Delivered to it, as and when and in the manner advised by SYNGENTA. SYNGENTA shall bear its own costs relating to the recall and the reasonable and direct costs incurred by the Buyer in relation to the recall; provided that if a recall of any of the Goods is necessary as a result of any act or omission (whether negligent or wilful misconduct or otherwise) by the Buyer or any of its agents, rep-resentatives or contractors, the Buyer shall bear all of its own costs of any recall and shall reimburse SYNGENTA’s reasonable and direct costs associated with the recall.

12.4 The Buyer shall keep accurate and current records of the sale by it of each of

the Goods as and when they are sold, and of the distribution of all samples

and sample packs of any of the Goods in sufficient detail to enable a complete recall of any of the Goods and/or samples to be undertaken as and when in the manner directed by SYNGENTA.

13. GOVERNING LAW AND JURISDICTION 13.1 These Terms and Conditions and the transactions contemplated here-

under will be governed by or construed in accordance with the laws from time to time of the State or Territory in which Delivery takes place.

13.2 Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of the State or Territory referred to in sub-clause 13.1 hereof and the Courts of Appeal from them for determining any dispute concerning these Terms and Conditions or the

transactions contemplated hereunder. Each party waives any right it has to object to an action being brought in those courts including, but not limited to claiming that action has been brought at an inconvenient forum or that those courts do not have jurisdiction.

14 WAIVERS, REPRESENTATIONS AND ENTIRE AGREEMENT 14.1 Subject to the provisions of sub-clauses 14.2 and 14.5 hereof the

Buyer acknowledges that it has not relied upon any statement, repre-sentation, promise, warranty or condition, oral or written, made or given by SYNGENTA or anyone on its behalf in respect of the Goods or the terms and conditions of any contract other than the terms and conditions herein and any conditions and warranties necessarily im-plied by the law and not excluded herein.

14.2 Subject to the provisions of sub-clause 14.5 hereof these Terms and Conditions together with any SYNGENTA quotation, SYNGENTA confirmation of order, SYNGENTA invoice and/or SYNGENTA state-ment of account supersede all prior discussions and writing between SYNGENTA and the Buyer (other than a continuing Supply Agreement or the like incorporating these Terms and Conditions entered into between SYNGENTA and the Buyer) and together with any such Continuing Supply Agreement or the like constitute the entire and only agreement between them as to this subject matter.

14.3 A right created under these Terms and Conditions may not be waived except in writing signed by the party granting the waiver.

14.4 Failure by SYNGENTA to insist upon strict performance by the Buyer of any provisions of these Terms and Conditions will not constitute a waiver thereof or of any rights of SYNGENTA in relation thereto AND IN ANY EVENT will not be taken to be a waiver of the same provisions on any subsequent occasion.

14.5 Notwithstanding anything else contained herein, no addition to, nor any variation or waiver of these Terms and Conditions nor any terms and conditions proffered by the Buyer in any manner, including but not limited to any terms and conditions printed on the Buyer’s purchase order, shall have any legal effect unless expressly agreed to in writing on behalf of SYNGENTA by a duty authorised employee of SYNGEN-TA.

15. ASSIGNMENT & NO SET-OFF 15.1 The Buyer may not assign its rights under these Terms and Conditions

without the prior consent of SYNGENTA. 15.2 SYNGENTA may assign any of its rights or obligations under these

Terms and Conditions without the consent of the Buyer. 15.3 Save as expressly provided in this agreement, the Buyer shall not be

entitled to set-off against any amount due by it to SYNGENTA, any amount which is or is alleged to be owing by SYNGENTA to the Buy-er.

16. SEVERENCE 16.1 If the whole or any part of these Terms and Conditions is void, unenforceable

or illegal in a jurisdiction it is severed for that jurisdiction, only to the extent strictly required by the laws of that jurisdiction.. The remainder of these Terms and Conditions have full force and effect and the validi-ty or enforceability of that provision in any other jurisdiction is not af-fected. This clause has no effect if the severance alters the basic nature of these Terms and Conditions or is contrary to public policy.

17. FORCE MAJEURE If SYNGENTA is unable wholly or in part by reason of force majeure to carry

out any of its obligations under these Terms and Conditions, at the option of SYNGENTA:

(a) That obligation will be suspended for so long as it is affected by force majeure during the continuance of the force majeure; or

(b) The contract for the supply or sale of the Goods pursuant to these Terms and Conditions will be terminated.

17.2 If SYNGENTA elects to terminate the contract for the supply or sale of Goods pursuant to these Terms and Conditions SYNGENTA must notify the Buyer of the termination in writing, and must nominate in writing the effective date of termination. Any such termination shall be without prejudice to SYNGENTA’s accrued rights prior to the effective date of termination.


17.3 The Buyer acknowledges that SYNGENTA is not liable for any breach of these Terms and Conditions or any failure to supply the Goods or for any delay in supply of the Goods or for the termination of a contract for the supply of the Goods pursuant to these Terms and Conditions caused by force majeure. The Buyer acknowledges that if SYNGEN-TA elects to terminate the contract for the supply of the Goods SYN-GENTA will be under no obligation at any future date to deliver the Goods the subject of the terminated contract.

17.4 In this clause ‘force majeure” means an act of God, strike, labour dis-pute or other inference with work, War, blockade, disturbance, act of terrorism, attempted act of terrorism, flood, explosion, governmental requirement, intervention or embargo, unavailability or delay in availa-bility of raw materials, equipment or transport and any other cause whatsoever (whether or not similar to those specifically enumerated above) which is not reasonably within the control of SYNGENTA.

18. NOTICES 18.1 Any notices to be given to SYNGENTA pursuant to these Terms and

Conditions must be addressed to the Managing Director and either hand delivered or sent by prepaid post or facsimile or email address to SYNGENTA’s relevant addresses stated on the relevant SYNGENTA invoice.

18.2 No notice to SYNGENTA will be taken to have been given until it is actually received by SYNGENTA.

18.3 Notices to be given to the Buyer shall be addressed to the General Manager or the manager of the Buyer and hand delivered or sent by prepaid post of facsimile or email address to the Buyer’s addresses stated on the relevant Buyer Order or other like correspondence.

18.4 Notices delivered by hand or sent by facsimile to the Buyer will be deemed to be given on the day on which the delivery was made or facsimile sent; notices sent by prepaid post will be deemed to have been served four (4) working days after posting; notices sent by email shall be deemed received 24 hours after being sent. It shall be the responsibility of the party disclaiming receipt of an email to prove non receipt.

19. ANTI-BRIBERY OBLIGATIONS 19.1 The Buyer shall, and shall procure that any person associated with the

Buyer including but not limited to its affiliates, its or their direct or indi-rect shareholders, employees, officers, agents, representatives, inde-pendent contractors, suppliers, sub-contractors and/or sub-Buyers shall:

(a) comply with all applicable laws, statutes, regulations, and codes relat-ing to anti-bribery and anti-corruption including but not limited to (i) the United States Foreign Corrupt Practices Act (“FCPA”), (ii) the United Kingdom Bribery Act 2010 (“UK Bribery Act”), (iii) anti-bribery and like laws and regulations in force in the country or countries in which the Buyer carries on business; and (iv) the SYNGENTA Anti-Bribery Policy and the SYNGENTA Gifts & Entertainment Policy in force for the time being, both of which are available from SYNGENTA on request (collectively, the “Relevant Requirements”);

(b) not engage in any activity, practice or conduct which would constitute a breach of any Relevant Requirement;

(c) have and shall maintain in place throughout the term of this agreement its own policies and procedures to ensure compliance with the Rele-vant Requirements and will enforce them where appropriate;

d) not engage in any business with employees of SYNGENTA which may result in the personal interest of such employees conflicting with their duties to SYNGENTA. Such conflicts of interest will include offering any personal loans to SYNGENTA employees or persons related to them or giving or offering or lending to SYNGENTA employees or persons related to them any goods or products, including SYNGENTA products;

(e) cooperate fully in any investigation by SYNGENTA of a potential viola-tion of any provision of this clause 19.

19.2 The Buyer shall: (a) report to SYNGENTA any request or demand for any undue financial

or other advantage of any kind received by the Buyer in connection with the performance of this agreement;

(b) immediately notify SYNGENTA (in writing) if a foreign public official becomes an officer or employee, agent or contractor of the Buyer or any of its affiliates or acquires a direct or indirect interest in the Buyer or any of its affiliates and the Buyer warrants that it has no foreign public officials as direct or indirect owners, officers, employees, agents or contractors at the date of this agreement;

(c) as and when requested by SYNGENTA, certify to SYNGENTA in writing signed by an officer of the Buyer, compliance with the provi-sions of this clause 19 by the Buyer, and the Buyer shall provide such supporting evidence of compliance as SYNGENTA may reasonably request; and

(d) maintain accurate books and records necessary to demonstrate com-pliance with the obligations under this clause 19.

3. The Buyer represents, warrants and undertakes to SYNGENTA that it has not and shall not pay, offer, promise, or authorise any payment or other advantage, whether directly or through intermediaries, to improp-

erly obtain, retain or direct business or to secure any other improper advantage in the conduct of business directly or indirectly in connec-tion with the performance of this Agreement.

4. If the Buyer or its affiliates, or its or their direct or indirect owners, subcontractors, members, managers, directors, officers, employees, independent contractors, subcontractors, agents or representatives are made the subject of any claim, charge, or accusation of being, or are found to be, in violation of any Relevant Requirement, the Buyer will indemnify SYNGENTA and its affiliates and its and their employees and officers from any and all threatened or actual claims, suits, actions, or proceedings, and any associated costs (including pre-suit investiga-tions, expert fees, attorney's fees) and any and all sums paid or award-ed with respect thereto as penalties, damages, restitutions, or other-wise.

5. The Buyer shall immediately notify SYNGENTA if the Buyer becomes

aware of any breach of any provision of this clause 19. Any breach of any provision of this clause 19 shall be deemed a material breach of this agreement.

20 PERSONAL PROPERTY SECURITIES ACT 20.1 Where the Goods are located in either Australia or New Zealand, the

Buyer agrees that these Terms and Conditions of Sale create or give rise to a security interest in all present and after acquired Goods and any proceeds of the sale of the Goods (or any other dealing in the Goods), as security for the Buyer's obligations to SYNGENTA, which is registrable on the Personal Property Securities Register under the relevant PPSA (including by way of registration of a financing state-ment).

20.2 The Buyer agrees to do all such things and execute or arrange for execution of all such documents as SYNGENTA may require to en-sure that SYNGENTA acquires and maintains a perfected first ranking security interest in the Goods under the PPSA.

20.3 The Buyer agrees not to allow any third party to acquire a competing security interest in the Goods or proceeds of the Goods without the prior written consent of SYNGENTA.

20.4 The Buyer will indemnify SYNGENTA for any costs SYNGENTA incurs in registering a financing statement, financing change statement, or responding to a change demand under the PPSA or enforcing SYN-GENTA's security interest under the PPSA. The Buyer waives its right to receive a copy of any verification statement(s) under the PPSA and agrees that as between SYNGENTA and the Buyer, the Buyer will have no rights under (or by reference to) sections 114(1)(a), 116, 119, 120(2), 121, 125, 126, 127, 131, 133 and 134 of the PPSA NZ or sections 121(4), 130, 132(3)(d), 132(4), 135, 143 of the PPSA Austral-ia (to the extent allowed by s 115 of the PPSA Australia).

20.5 The Buyer will immediately notify SYNGENTA of any change in the Buyer's name, address details and any other information provided to SYNGENTA to enable SYNGENTA to register a financing change statement if required."

20.6 Unless otherwise stated, a reference in this clause to "PPSA" is a refer-ence to the Personal Property Securities Act 2009 (Cth) (PPSA Aus-tralia) if the Goods are located in Australia or the Personal Property Securities Act 1999 (NZ) (PPSA NZ) if the Goods or New Goods are located in New Zealand.

21 CONSUMER GUARANTEES ACT NZ/SALE OFGOODS ACT (NZ) 21.1 The Buyer acknowledges that the supply under this contract is a sup-

ply for business purposes in terms of section 2 and 43 of the Consum-er Guarantees Act 1993 (Act) and accordingly the provisions of that Act do not apply to any supply of Goods made pursuant to this con-tract.

21.2 If the Buyer on-supplies Goods the Buyer must indicate that the Con-sumer Guarantees Act 1993 (NZ) will not apply where the Goods are on-supplied for business purposes in New Zealand.

21.3 The provisions of the Sale of Goods Act 1908 (NZ) will not apply.

DOES THE ORDER YOU ARE PLACING EXCEED

OUR MINIMUM ORDER LEVEL OF $2,000?

ORDERS BELOW $2,000 ATTRACT A SURCHARGE

OF $75.


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