Terms and Conditions Of Use
The following sets out the terms and conditions of use of WoolExchange.
Please read these carefully before submitting your registration.
Once you have registered, you will be deemed to have accepted
these terms and conditions of use.
Wool for Sale
Wool for sale may only be placed on the system by the WoolExchange Administrator.
To preserve the integrity of WoolExchange, only wool tested by an IWTO licensed test laboratory is available for sale.
Only lots available for prompt delivery are available on WoolExchange
Each wool lot offered for sale on WoolExchange has been valued by
John Marshall & Co Limited using test data and their own assessment of the lot,
and is offered for sale at the offer price.
The offer price is described in NZ cents per kg (clean schlum dry yield for
greasy wool, or conditioned to 16% regain for scoured wool) on a GST exclusive basis.
A particular lot will sell to the first purchaser who accepts the offer price.
Buyers may also make bids below the offer price, which will be subject to negotiation
outside the WoolExchange system. The highest bid at any time below the offer price will
take precedence in negotiation proceedings.
Usual delivery charges will apply unless otherwise agreed.
All sales are made subject to WoolExchange's standard terms and conditions of sale set out below.
Where a sale is made, WoolExchange will confirm this with a sale number and contract.
The parties to the contract will be i) John Marshall & Co Limited as seller and ii) the buyer.
WoolExchange and John Marshall & Co Limited undertake to guarantee that wool sold will be as described.
All lots are valued by John Marshall & Co, with this description accompanying the relevant lot details.
Scoured lots are sold subject to the purchaser's ratification of a sample and right of replacement applies.
It is the responsibility of John Marshall & Co Limited and the buyer to
ensure that the terms and conditions of sale are adhered to.
Changing our Terms and Conditions of Use
We may change these Terms and Conditions of Use at any time by changing or removing existing terms or adding new ones. You will be deemed to have been notified about any changes once an updated version of our policy is published on our Web site. Any change we make applies from the date we publish it on our Web site.
As a condition of use of our Web site, you agree not to:
- disrupt activity online;
- use anybody else's computer system, communications services or data, including by hacking or by attempting to circumvent user authentication or other security measures;
- post or use any software or device which may facilitate a continued connection or degrade or impede the service of another user, such as pinging, mail bombs or war dialing;
- run network scanning software or use open relay to distribute messages
- introduce anything harmful or destructive (such as viruses, worms, Trojan horses, time bombs or bots) to, or interfere in any way with, our or anyone else's computer system or communications services; and
- disclose your password to anyone else.
Intellectual Property Rights
Material that you see on our Web site may be protected by copyright, trade mark, patent or other protections, even if it is not stated to be so protected. Do not infringe our intellectual property rights in any manner by, amongst other things, uploading, framing, copying or otherwise reproducing material on our Web site. If you wish to use, modify or benefit from material on our Web site, please contact us and seek our permission.
John Marshall & Co Limited accepts no liability for any loss or damage that you may suffer directly or indirectly as a result of using or relying on any information, advice, opinion, representation or omission, whether negligent or otherwise, contained on this Web site. Where our web site contains links to third party sites the information on these sites cannot be guaranteed to be accurate or up to date. We take no responsibility for it.
We may collect, use and store information you send to us by email,your email address and other personal information about you that you provide to us. We use this information for the purpose of negotiating and concluding the sale of wool with you and advising you of our services.
We do not sell information which identifies you personally. We maybe required to disclose information to relevant law enforcement authorities, such as the Police or the Department of Internal Affairs.
The personal information that we collect from you will be held by us at 63 Mandeville Street, Christchurch. The Privacy Act 1993 grants you certain rights of access to and correction of your personal information held by us. If you wish to access your personal information held by us, please contact us.
Questions about these terms and conditions and, in particular, your personal information collected by us, should be directed to:
John Marshall & Co Limited
PO Box 8332
Telephone: (03) 341 2004
Terms and Conditions of Sale
The contract for the sale of wool will be subject to the provisions of the International Agreement
of the International Wool Textile Organisation, as applicable to the goods sold,
and in force at the date of the contract.
The contract for the sale of wool will clearly state the following:
- contract number
- buyer name
- specifications of wool including description, micron, VM, Y-Z, length
- IWTO yield basis
- price and currency of contract
- payment terms and conditions
Unless, clearly stated to the contrary in the contract the following general conditions will apply:
Invoice basis - all greasy wools are sold on a schlum dry yield basis.
All scoured wools are sold on a conditioned to 16% regain basis.
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Tolerances - all invoiced quantities shall be within ±5% of the contracted quantity.
Scoured wools gain or loss at 16% conditioning not to exceed 3%.
Invoices - tax invoices will clearly state the name and location of the store where the wools are currently lying.
Weight notes - will clearly show identification marks and individual gross weight and tare per bale.
Certification - all lots will be accompanied by the usual certification.
Samples - a representative sample of the lot will be available upon request.
Payment - the purchase price will be paid eleven days from date of invoice or prior to delivery whichever is the sooner.
Charges - all wool is sold ex store. Storage, handling, dumping and outwards cartage charges
incurred after the wool has been sold will be the responsibility of the purchaser.
Insurance - responsibility for insurance will transfer to the purchaser upon payment.
Ownership - property in the wool shall pass from the seller to the buyer immediately the purchase
price payment has been irrevocably cleared through the banking system. It shall be the responsibility of the
seller to advise the store responsible for the safe keeping of the wool that clear title has passed to the purchaser,
immediately upon the payment proceeds being cleared funds.
Disputes - any dispute or difference arising out of the contract shall be settled by arbitration in accordance
with the provisions of the Arbitration Agreement of the International Wool Textile Organisation,
and the competent body to conduct the Arbitration shall be The National Council of New Zealand Wool Interests Incorporated.