THE FOLLOWING DESCRIBES THE TERMS ON WHICH farmsave.com.au OFFERS YOU ACCESS TO ITS SERVICES. YOUR INITIATING A BUY OR SELL OFFER ON A MEMBER SITE, OR YOUR PRESSING THE "I AGREE" BUTTON AT THE BOTTOM OF THE PAGE, INDICATES THAT YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS, CLICK ON THE "I DECLINE" BUTTON AND DO NOT USE ANY OF farmsave.com.au SERVICES. IF YOU HAVE ANY QUESTIONS REGARDING THIS AGREEMENT, PLEASE CONTACT info@farmsave.com.au

farmsave.com.au may amend this Agreement at any time by posting the amended terms on the farmsave.com.au member site. The amended terms are effective 30 days from posting on the site. This Agreement may not be otherwise amended except in writing signed by both parties. By accepting this Agreement you are acknowledging your status as a business, stating that you are at least 18 years of age, and are giving permission for farmsave.com.au representatives to call and assist you with our services. farmsave.com.au keeps records of members who have opted out of our call list. If you would like to opt out of the call list, please contact farmsave.com.au by e-mail, fax, or telephone.

1. Policies. As a user of the farmsave.com.au network, you agree to support and comply with all farmsave.com.au policies, including but not limited to all policies provided under the Specific Policies and General Policies Headings.

2. Fees. All fees are quoted in AUSTRALIAN Dollars excluduing GST. You are responsible for paying all applicable taxes and other costs to access and use Farmsave services. farmsave.com.au may at its sole discretion add, delete or change some or all of its services at any time.

3. Responsibility of Farmsave Farmsave facilitates electronic and live by phone service in commerce for buyers and sellers in various fixed and dynamic pricing formats on farmsave.com.au site member sites. Farmsave is not directly involved in the actual transaction between buyers and sellers, other than facilitating between the buyer and seller. As a result, Farmsave has no control over the quality, safety or legality of the items traded and advertised, the accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. Farmsave cannot and does not control whether sellers will complete the sale of items they offer. Farmsave cannot and does not control whether buyers will complete the purchase of items they have committed to buy. In addition, note that there are risks of dealing with people acting under false pretense. Because Farmsave does not and cannot control the action of others, in the event that you have a dispute with one or more users, you indemnify Farmsave (and its agents and employees, member sites partners and any third party partners and/or licensees) from claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. For legal reasons, Farmsave cannot control the information provided by other users that is made available through its system. Farmsave expects that you will use caution - and common sense - when using its services.

4. Definition of Your Information.

Your Information includes any information you provide to farmsave.com.au or other users during the registration, buying or selling process. With respect to Your Information, you agree that: You are responsible for Your Information, and Farmsave acts only as a passive conduit for your online distribution and publication of Your Information. Your responsibility includes insurance of all bills of lading and transportation documentation required by the Department of Industry and Resources (DIR), the Australian Dangerous Goods Code (ADG Code), Dangerous Goods (Transport) Act 1988, Dangerous Goods (Transport) (Road and Rail) Regulations 1999, , and any other applicable Federal and State statutes and regulations.

Farmsave reserves the right to take any action with respect to such information it deems necessary or appropriate in its sole discretion, including, without limitation, deleting, editing, or restricting or suspending access to such information. If Farmsave believes it may create liability or may cause a loss (in whole or in part) of the services of its ISPs or other suppliers.

B.) Your Information and the sale of your item(s) shall not: (a) knowingly infringe any third party's Australian copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) violate any law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, antidiscrimination, false advertising, transportation of hazardous material, or sale, distribution and use of pesticides (c) be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; (d) contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (e) link directly to or include descriptions of goods or services that: (i) are identical to other items you have listed for sale but are priced lower than your item's minimum amount; (ii) are concurrently listed for sale anywhere other than the host website; or (iii) you do not have a right to link to or include. Furthermore, you may not post or sell through the Farmsave network any item that, by paying to farmsave.com.au the transaction fee, could cause it to violate any applicable law, statute, ordinance or regulation.

C.) Solely to enable Farmsave to use Your Information, so that it is not violating any rights contained in that information. You agree to grant Farmsave a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicense able (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, as necessary to accomplish the purpose of this Agreement. Farmsave will only use Your Information in accordance with its Privacy Policy.

5. System Integrity. You may not interfere or attempt to interfere with the proper working of the Network. You may not take any action that imposes an unreasonable or disproportionately large load on the Farmsave web page network/ infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.

6. Breach. Farmsave may terminate your right to use its network and any of your pending transactions immediately if you breach this Agreement or if it is unable to verify or authenticate any information you provide to us.

7. Right to Terminate. Farmsave reserves the right to refuse service to any user at any time. Further, Farmsave reserves the right to terminate any offer to buy or sell with no liability to the seller or prospective buyer of such an item. You may terminate this Agreement upon 30 days notice to Farmsave, provided that such termination will not relieve you of any obligations occurring prior to such termination. Your termination of this Agreement terminates any non-exclusive rights of copyright and publicity set forth in section v.(c) of this Agreement.

8. Privacy. Farmsave’s privacy policies, are incorporated herein by reference. The privacy policy will be mailed to you upon your request.

9. No Warranty. Farmsave, ITS SUPPLIERS, ITS MEMBER SITE PARTNERS AND ANY THIRD PARTY PARTNERS AND/OR LICENSEES OF Farmsave PROVIDE THE NETWORK AND ITS SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION. Farmsave, ITS SUPPLIERS, ITS MEMBER SITE PARTNERS AND ANY THIRD PARTY PARTNERS AND/OR LICENSEES OF Farmsave SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. This warranty gives you specific legal rights. You may also have additional legal rights which vary from jurisdiction to jurisdiction. 10. Limit of Liability. IN NO EVENT SHALL Farmsave , ITS SUPPLIERS, ITS MEMBER SITE PARTNERS AND ANY THIRD PARTY PARTNERS AND/OR LICENSEES OF Farmsave BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (including NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE NETWORK Farmsave LIABILITY, AND THE LIABILITY OF ITS SUPPLIERS, MEMBER SITE PARTNERS AND THIRD PARTY PARTNERS AND/OR LICENSEES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US ONE MONTH PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR ???.

11.General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations while using the Farmsave network. By participating on the Farmsave network, buyers and sellers understand that they are creating electronic contracts for the sale and purchase of products, which immediately satisfies the writing and signatory requirements as outlined by the Statute of Frauds (1677) (Imp) and the Sale of Goods Act 1895. For purposes of reporting and record keeping, all sales of synthetic or biological pesticides, fertilizers and/or soil conditioners, occur in the jurisdiction where the seller is authorized to sell such products. Buyers understand that they are reaching out into interstate commerce to procure products from sellers domiciled in diverse jurisdictions.

12. No Agency. You and Farmsave are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is created by this Agreement. Therefore Farmsave does not serve as a 'broker' to any party in a transaction.

13. Transportation Warrant. With respect to transportation facilitated by Farmsave or its agent, Farmsave warrants only that the carrier retained on the buyers or seller’s behalf is authorized and qualified to handle the involved products at a competitive price and that shipper information given to Farmsave or its agent is transmitted to the carrier at or before the time of shipment. There is a $100 aud logistics fee charged per trade for fixed facilitation cost, paid by buyer or seller depending on the transactions incoterms applicable.

14. Notices. Except as explicitly stated otherwise, all notices will be sent via e-mail to Farmsave (in the case of Farmsave), to the e-mail address you provided during the registration process (in your case), or another address specified by the party. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, Farmsave may deliver the notice by certified mail, postage prepaid and return receipt requested, or by Australia Post Express or other overnight delivery service to the address provided during the registration process. In such case, notice shall be deemed given 4 working days after the date of mailing by certified mail or 2 working days after the date of mailing if sent by Australia Post or other overnight carrier.

15. General. This Agreement shall be governed in all respects by the laws of the State of Western Australia as such laws are applied to agreements entered into and to be performed entirely within WA between WA residents. Both parties submit to jurisdiction in Western Australia and further agree that any cause of action arising under this Agreement shall be brought exclusively in a court in Perth Western Australia. Farmsave does not guarantee continuous, uninterrupted or secure access to its services, and operation of its network may be interfered with by numerous factors outside of its control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Farmsave failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between Farmsave and you with respect to the subject matter hereof.

16. Disclosures. The services hereunder are offered by Farmsave Pty.Ltd. 41 Clarecastle Retreat Mindarie WA 6030

17. Tax Policy. All products offered on the web page are excluduing 10% GST.

18. Regulatory Policy. Farmsave supports the adherence to regulatory and stewardship responsibilities by buyers and sellers of chemicals, and animal health products. Although Farmsave does not take title to any products sold, it recognizes the importance of managing and archiving all transaction data to adhere to these laws. While transactions taking place may be anonymous, all information collected relating to the sale of products, licensing and registration of buyers and sellers, and customer profiles will be made available to regulatory officials in the event of an emergency or to meet the requirements of federal, state, and local authorities. Any user providing false or inaccurate information to conduct transactions will therefore be subject to prosecution as prescribed by federal and/or state law. Farmsave reserves the right to deny use of the network to any party it believes to be providing false or misleading information.

19. Product Quality Policy. Sellers certify that products offered through the Farmsave network to be first quality products in the original packaging. Furthermore, Sellers posting products warrant that the items are properly identified and free from defect or alteration, recognizing that potential buyers are relying upon this information and are offered for sale within any labeled shelf life of the product.

20. Product Descriptions. Farmsave strives to bring the most up-to-date product information available via product labels supplied by its industry recognized information providers. This information is made available through the Farmsave network for the convenience of its users. However, the information is not verified or substantiated by Farmsave, may not be timely and it cannot be held responsible for any third party's inaccuracies or omissions. Information contained on the Farmsave network is for illustrative purposes only and is not to be considered the actual product label. Correct documentation, product labeling, packaging, and transportation information remains the responsibility of the seller. 20 With respect to chemical transactions, details on each product, including product descriptions, shipping name, labels information, the Class, Subsidiary Risk, the UN number APRVMA (NRA) Approval number, are available from the supplier or manufacturer of the product.

21. Product Labeling Policy. Products must be properly labeled in compliance with all Federal and applicable State regulations. Compliance is the responsibility of the seller.

22 Product registration With respect to chemicals, only products registered in accordance with the Australian Pesticides and Veterinary Medicines Authority may be offered for sale. In addition, products sold into a particular state must be registered for sale and/or use in that state. It is the responsibility of the seller to insure that only properly registered products are sold to buyers.

23. Security Policy.

A: Farmsave does have security measures in place to protect the loss, misuse or alteration of client information. There is a great deal of programming logic built into the system to prevent reverse engineering of source code. There is SSL security for all credit card transactions provided by DirectOne. No credit card details are maintained by Farmsave as we use a secure hosted gateway for all online transactions – a third party vendor recommended by the NAB. However, Farmsave cannot guarantee that such security measures will be sufficient and will not be breached, and that your information may not be disclosed or otherwise accessed in an unauthorized manner.

B: All data is secure in a SQL server database housed in a secure data center. The server hardware has RAID technology and is highly secure with access only by the programmer of Farmsave. No direct other access can be achieved outside the IT administration.

C: Any questions can be answered by ringing the 1800 number, emailing the contacts of Farmsave, posting publicly in the forum or using the contact us online form.

24. Opt Out. If you do not want to receive unsolicited communications about Farmsave services and offers, or services and offers of host sites, you can send an e-mail to Info@farmsave.com.au with the words "No E-Mail" in the subject line. In addition, if you do not want to receive unsolicited telephone calls from Farmsave, you can send an email to Info@farmsave.com.au with the words "No Calls" in the subject line. If you want to have your user information and account removed from Farmsave database, you may send an e-mail to Info@farmsave.com.au with the word "Delete" in the subject line.

25. Make an Offer policy - In those cases where buyer elects to use the Famsave.com make an offer function, the following policies apply:

A.) Bidding and Buying. If the seller accepts your offer, you are obligated to complete the transaction. Your offer after you made an offer via the page will be valid for 48 hours during working days West Australian standard time. Bidding at auction has the same effect in law as entering into a firm purchase order. Bids are only retractable in exceptional circumstances, such as the seller (or buyer) materially changing the item description after your bid. All bids are based on F.C.A. (free carrier alongside) in the location the seller offered the product on the farmsave.com.au web side. E.g. product is offered F.C.A. Melbourne you are bidding on the product ex Melbourne. The buyer is responsible to transport and transport costs of the product to his/her final destination. In general the seller will forward the product to the shipping yard of the transport agent arranged by buyer however can also state the places were to product is to load. Farmsave offers the possibility to assist the buyer by organizing transport for a fee off 100 aud.

B.) Listing and Selling. Listings are text descriptions selected by you from the farmsave.com.au product database. If you receive one or more bids, you are obliged to accept, refuse or counter, within 24 hours during working days standard western Australian time. In case you accept the bid (or in case of counter bid the buyer accepts the price) as seller you are obligated to complete the transaction. An electronic confirmation will be issued.

C.) Cancellation Policy. Farmsave cannot accept cancellation of orders or "for sale" listings once a commitment to purchase or offer has been made. Should you commit to purchasing a product, it will be billed and shipped accordingly. Farmsave reserves the right to charge a Cancellation Fee equivalent to 3% of the buyer's invoice amount on all cancelled trades.

F.) Product Registration: Since the seller cannot know the destination state until the auction is completed, buyers are encouraged to carefully check the AVPMA registration Number of each product bid upon and to ensure compliance with all regulations. If upon receiving the confirmation of transaction (at which time the destination state is known), a sale is determined to be in violation, farmsave.com.au may, but is not under a duty to, cancel the transaction. If the seller or buyer realizes the error they must notify farmsave.com.au immediately at 1800 766 634. If the error is determined in advance of freight company dispatch, any funds collected will be returned to the buyer. If the transaction is determined to be in violation of any regulations and the product has been picked up by the freight service provider, all freight fees will be charged to the seller of the product.

Terms of Use

A.) For those chemical transactions in which the Seller / Buyer is required to utilize Farmsave transportation services:

1.) Notwithstanding paragraph 13, seller appoints Farmsave or its agent, as the Seller's agent for the limited purpose of facilitating transportation on the Seller's behalf to affect all sales as F.O.B. to the place of destination.

2.) Freight Partners. To maintain the lowest-cost-possible, Farmsave only facilitates shipments via its freight partners. These partners are various regional and national carriers that have been specifically selected for their ability to provide service and anonymity for customers. Farmsave will make the determination of the best freight company for each transaction. All freight charges are included in the funds transfer.

3.) Shipping Time. Farmsave facilitates the shipment of items for receipt within fourteen days of close of the transaction barring any unforeseen circumstances out of Farmsave control such as verification of buyer funds or licenses, regulatory issues, weather, or product delay.

4.) Additional Charges. Freight costs are determined by a careful evaluation of important factors such as address, quantity, weight, liftgate requirements, and hazardous materials. Therefore, any changes made to these factors after a trade closes will incur additional fees that will be billed to the responsible party. Sellers are responsible for any truck detention charges at the loading site. Buyers are responsible for any accessorial charges at the unloading site, including redirection of the freight to another address. Validation will be required from the carrier before charges are assessed. Additional charges for which the seller is responsible will be deducted from their sales proceeds. If payment has already been remitted, funds equal to the additional charges will be deducted from the seller's bank account directly via ACH. Additional charges for which the buyer is responsible will be deducted from the buyer's bank account directly via ACH or charged to the same credit card used to make the purchase.

5.) Product Ownership.

According to the INCO 2000 terms

All buyers can be the named shipper and beneficial owner of the product once received by the buyer. Notwithstanding Farmsave assistance in doing so, Seller shall be responsible for preparation of a conforming bill of lading, or for the preparation of a conforming shipping label. Upon request Shipper will show Farmsave as the consignee. Shipper shall provide all other shipping documents, including placards, if necessary, when tendering shipments for transit. Routing instructions, excluding the identity of the Buyer when Farmsave is named as the consignee, shall be provided by Farmsave or its agent to the delivering carrier on a blind shipment basis.

6.) Transportation Incidents. It is the responsibility of the Seller to include a 24-hour emergency telephone number on all bills of lading and documents related to the shipment of the products. Resolution of the cost of cleanup will be between the transportation carrier and the Seller. Costs related to package failure are the responsibility of the Seller.

(b.) A problem outside the responsibilities of the carrier (e.g., the wrong product, the wrong quantity, improperly labeled, not in its original container or otherwise different than the product represented by the seller), then Farmsave will resolve the matter on a case-by-case basis. If the buyer and seller disagree as to who is in error, both parties agree to arbitration by, Farmsave its agent or other impartial arbitration service provider. If the seller is at fault due to negligence or misrepresentation of the product, then the seller will be held responsible for all transportation and handling costs incurred as a result of the entire transaction, including roundtrip freight and any inspection and arbitration costs. If the buyer is determined to be in error, then the buyer must accept the goods as received at the agreed price and pay for any inspection and arbitration costs. If the buyer does not contact within 48 hours of delivery, Farmsave will be unable to assist with claims of any kind.

(c.) If upon resolution, return shipping is required Farmsave will arrange transportation with one of its carriers and issue the appropriate documentation. No return shipments shall be made without the approval and authorization of Farmsave. 7.)

A.) International Shipping. Farmsave is presently unable to facilitate the shipment of products to locations outside Australia.

B.) For those animal health transactions in which the seller elects to utilize Farmsave transportation services:

1.) Parcel Freight: Farmsave will calculate estimated freight charges from the seller's postal code to the shipment postal code provided by the buyer. The estimate will be based on the cost to ship packages individually, assuming an average weight per box, as calculated by the Australia Post system. The seller will charge the buyer the actual shipping cost, not to exceed the estimated, based on the actual weight of the items shipped using competitive ground transportation rates.

2.) Return Policy. Unless otherwise noted in the FAQ section of the specific member site, all product sales are final and non-returnable.

27. Anonymity Policy. For transactions requiring anonymity, at no time before or after a transaction will the identity of either the buyer or the seller be disclosed to the other. Unless the seller forgave anonymity at the time of the listing, the seller will remain anonymous during the shipping process. Unless the buyer has a pesticide dealer's license or a commercial applicator's license, the buyer's name and address will be disclosed to the seller after the transaction closes solely for the purpose of expediting the shipping process.

28. Supply Policy Farmsave is committed to making the network a reliable and competitive means of sourcing agricultural inputs. To that end Farmsave will make all reasonable efforts to ensure reliable supply. If a seller fails to meet its obligation in a given transaction within 5 business days, then Farmsave, at its sole discretion, reserves the right to seek an alternative supply or terminate the supplier’s use of the network. If Farmsave chooses to seek an alternative supply, any cost difference between the original sales price plus freight and the substituted sales price plus freight will be the responsibility of the original seller. Farmsave makes no representations or warranties as to the availability of alternate supply, but reserves the right to arrange such alternate supply when feasible.

29. Prepayment Policy:

All ordered goods are prepaid by the buyer. A transaction is only valid when Farmsave receives the purchasers funds in it’s trust account. Upon receipt of funds from the buyer Farmsave will confirm the order to parties, buyer and seller. Although the goods might be delivered to buyer at later time the seller will reserve and 30.)

Payment & Completion of Transaction

Successful buyers must make payment of the total purchase price to Farmsave’s trust account in accordance with the terms of purchase stated by the seller of the goods. Payment must be made by either EFT or credit card. Farmsave will pay to the seller the purchase price paid by the buyer within 2 Western Australian business days, (meaning any day other than a Saturday, Sunday or Western Australian Public Holiday) of the receipt of money in Farmsave’s trust account. The transaction is only valid once Farmsave receives payment of the purchase price into its trust account. Notwithstanding payment of the purchase price, risk in the goods does not pass until the buyer takes possession of the goods. Until the buyer takes possession of the goods, the Seller must maintain, store and insure all goods purchased by the buyer until the buyer takes possession of the goods. Payment must be made to the following account:
Beneficiary : Farmsave Pty.Ltd.
Bank : National Australian Bank
BSB : 086-712
Account : 8708 2 5380