Trade Terms
Effective date: 12 June 2026
Version: v1.0
1. Introduction
These Trade Terms apply to business (B2B) customers buying from Fertile Acre (Pty) Ltd t/a BioAktiva on a trade account. They are in addition to our general Terms & Conditions; where they conflict for a trade order, these Trade Terms apply. They are not for consumer use.
2. Trade Accounts and Credit
Trade pricing is available to approved business customers. To open an account you must complete our trade-account application, and we may require your company registration and VAT details, trade and bank references, and a personal suretyship from the directors, members or owners of the business. We may approve, decline, or place conditions on any account at our sole discretion.
New accounts trade on a pro-forma basis — orders are paid in full before dispatch. Credit terms, if any, are granted only in writing after we are satisfied with your account history, and are subject to an approved credit limit. Orders that would exceed your credit limit are payable in advance. We may review, reduce or withdraw a credit limit at any time.
3. Pricing
Trade prices are those shown to your account once approved, and exclude VAT unless stated; VAT at 15% is added at invoicing. Because our products are imported, prices may change with notice to reflect cost and exchange-rate movements. A quoted price is valid only for the period stated on the quote.
4. Orders and Minimums
Minimum order quantities and pack formats (carton, pallet, IBC) are as shown for your account. We confirm each order before it becomes binding, and may decline or limit any order.
5. Payment and Default
Unless we have agreed credit terms with you in writing, trade orders are payable in full before dispatch. Where credit terms are granted, invoices are due within the agreed period, without set-off, deduction or withholding for any reason.
If any amount is overdue: (a) interest accrues on the overdue amount at the maximum rate permitted by law; (b) the full outstanding balance on your account becomes immediately due and payable; (c) we may suspend supply or place your account on hold; and (d) you are liable for all costs we incur in recovering the debt, including legal costs on an attorney-and-own-client scale.
6. Retention of Ownership and Recovery
Ownership of all goods remains with us until we have received payment in full for them, even after delivery. Until ownership passes, you must keep the goods identifiable, store them separately where reasonably possible, and keep them insured. Risk in the goods passes to you on delivery.
If your account falls into default, or if you become insolvent, are liquidated, or are placed under business rescue, you authorise us to recover any goods that have not been paid for, and agree to surrender them to us on demand. We will not enter your premises to repossess goods without your agreement at the time or an order of court; the voluntary surrender you agree to here, and in your account application, is intended to make recovery possible without self-help.
7. Delivery
Trade delivery is arranged through our logistics partner and quoted per order based on volume and destination. Delivery dates are estimates. Please inspect goods on delivery and report any shortage or damage to us promptly, so we can take it up with the carrier.
8. Returns
Business-to-business sales are not subject to the consumer cooling-off right. We will replace or credit goods that are faulty, damaged in transit, or incorrectly supplied, provided you notify us promptly. Correctly supplied goods are not returnable for a change of mind unless we agree in writing, and any such return may be subject to a restocking or handling charge.
9. Product Use and Resale
If you resell our products, you must keep them in their original packaging and labelling, store them correctly, and pass the Label Directions on to your customers. You may not alter, relabel or repackage the products, decant them, or make any claim about them beyond the approved registered label. You are responsible for using and on-selling the products lawfully and in line with their registration.
10. Liability
Our products are registered soil conditioners; results in any particular soil, crop or season depend on conditions and on correct use, and are not guaranteed. To the fullest extent permitted by law, and subject to any liability that cannot lawfully be excluded, our total liability to a trade customer for any claim is limited to replacing the goods concerned or refunding the price you paid for them. We are not liable for any indirect or consequential loss, including loss of profit, loss of crop or yield, or business interruption, and we are not liable for loss arising from a failure to use the product in accordance with the Label Directions.
11. Privacy
We handle trade contact and account information in line with our Privacy & POPIA Notice.
12. Governing Law
These Trade Terms are governed by the law of the Republic of South Africa, and the South African courts have jurisdiction.
Contact
Fertile Acre (Pty) Ltd t/a BioAktiva
Registration No. 2022/507647/07
1 New Street, 2nd Floor, Paarl, Western Cape, 7646, South Africa
Email: enquiries@bioaktiva.co.za
Web: www.bioaktiva.co.za