Better Bags - Terms and Conditions

Effective 1 July 2024

These terms will not operate as a waiver.  A finding that any provision of these terms is invalid or unenforceable will not affect any other part of these terms.  You cannot assign your rights under these terms to any third party, except with our prior written consent.

1 About Better Bags

Better Bags are multi trip bulk bags for fertiliser supply. There are currently one tonne and half tonne Better Bags versions, each of which is designed in a way they can be used up to five times.

2 About these terms

2.1 As a customer participating in Ravensdown’s Better Bags Scheme (BBS), you are bound by these terms and conditions, which incorporate Ravensdown’s standard customer terms of trade available at https://www.ravensdown.co.nz/terms-of-trade to the extent not inconsistent with these terms (these terms). Please read these terms carefully. They create a legally binding contract between you (the customer in the BBS) and us (Ravensdown Limited (“we”, “us” or “our”)).

2.2 We may change these terms from time to time. We will publish these changes on the Ravensdown website, and may also choose to notify you at the contact email address for your account. The changes will take effect 7 days after we publish them on the Ravensdown website or any later date that we may specify. By using Better Bags you will be taken to have accepted the latest version of these terms, and it’s up to you to check for any changes.

3 Pricing

BBS customers will receive a discount on bag-fill costs. Details of both BBS bag-fill costs and non-BBS bag-fill costs will be included in Ravensdown’s price list available on Ravensdown’s website at www.ravensdown.co.nz.

4 Use of Better Bags

4.1 All Better Bags may only be used for the storage and spreading of Ravensdown fertiliser products. Better Bags may not be used for any other purpose. Using or retaining a Better Bag outside the requirements of these terms, without Ravensdown’s permission, is a material breach of these terms, which will entitle us to end or suspend your participation in the BBS at our discretion – see clause 9.
4.2 You must not use Better Bags to do anything that would expose us to any liability or cause us to be in breach of any law or regulation.

RAVENSDOWN OBLIGATIONS

5 Life of Better Bags

5.1 When Better Bags are filled or refilled, Ravensdown stores will mark them to record the number of uses.
5.2 Better Bags have a life of five uses at the date of these terms.
5.3 Each Better Bag will be a community bag and you may not get the same bag back that you received previously.
5.4 Each Better Bag will be provided from stock, either new or used. We will endeavour to ensure that no previous product or contamination is contained in the Better Bag provided to you but this cannot be guaranteed.
5.5 Ravensdown stores will assess the condition of returned Better Bags – see clause 6.2 below.

CUSTOMER OBLIGATIONS

6 Return of Better Bags

6.1 You are responsible for the return of Better Bags back to Ravensdown in a timely manner once empty. There is an expected timeframe for return of 12 weeks, commencing from the time of your purchase using the Better Bag.
6.2 You are required to return each Better Bag in a fit state in good repair and condition. This includes you ensuring the Better Bag has been shaken out, is free of contamination, undamaged, tied at the bottom and folded. Ravensdown stores will be responsible for assessing the condition of returned Better Bags. Better Bags that are soiled or otherwise do not meet the return requirements in these terms, may not be accepted by Ravensdown.
6.3 Better Bags must be dropped off in the correct location at a Ravensdown store. Better Bags that are damaged or that have reached their five-use life must still be returned to a Ravensdown premises for recycling. Any Better Bag kept by you without Ravensdown’s permission will be kept solely at your risk and we reserve the right to charge you for that Better Bag at the applicable rate applying at that time.
6.4 The return by you of any Better Bag in a state that does not comply with these terms is a material breach of these terms by you, which will entitle us to end or suspend your participation in the BBS at our discretion (see clause 9). This right is without prejudice to any of our other rights and remedies.

GENERAL TERMS

7 Title and risk

7.1 Title to all Better Bags will remain solely with Ravensdown at all times.
7.2 Risk in any Better Bag provided to you will pass to you when the Better Bag is made available to you or your carrier, and will pass back to us when you have returned the Better Bag to us in accordance with clause 6 above.

8 Changes to Better Bags Scheme

We can modify, suspend or discontinue all or part of the BBS at any time at our discretion. We will notify you via our website and/or via the email address we have for you of any such decision as soon as reasonably practicable, and outline the requirements around the return of any Better Bags and to the BBS.

9 Ending or suspending your participation in the BBS

9.1 We can require you to become a single-use bag customer (and in doing so end, or suspend for a reasonable period of time that we determine, your participation in the BBS) at any time where you breach these terms or otherwise at our discretion.
9.2 Ending or suspending your participation in the BBS does not entitle you to any refund of the BBS benefits provided, and you will stop receiving any benefits under the BBS from the time your participation in the BBS ends or for the period your participation in the BBS is suspended (as applicable).
9.3 Where your involvement in the BBS ends, the contract between you and us based on these terms will also end. However, all the remaining provisions of these terms set out below will survive and continue indefinitely.

10 Intellectual property rights
We own or hold rights to use all intellectual property rights in Better Bags. You may use Better Bags as made available by us from time to time, subject to these terms. This does not give you any rights to copy, modify, adapt, reproduce or republish the Better Bags design.

11 You indemnify us
You agree to indemnify us against all costs, losses, expenses and liabilities that we suffer or reasonably incur (including in connection with any third party claim made or brought against us) where the claim is wholly or partly attributable to your breach of these terms. However, you will not be liable to the extent that we have caused or contributed to such losses through our own negligence, breach of these terms or unlawful conduct.

12 General
Along with Ravensdown’s privacy policy, these terms are the entire agreement between you and us regarding your use of Better Bags and your participation in the BBS. Our failure or delay in exercising or enforcing any right or provision of these terms will not operate as a waiver. A finding that any provision of these terms is invalid or unenforceable will not affect any other part of these terms. You cannot assign your rights under these terms to any third party, except with our prior written consent.