Terms and Conditions

1. General Conditions

a. Acceptance of Terms: By using our Website, you affirm that you are of legal age to enter into this agreement and that you agree to comply with all applicable laws and regulations.

b. Service Availability: Our services are primarily offered within Wahiawa, HI, and surrounding areas as specified on our Website. We reserve the right to limit our services to any person, geographic region, or jurisdiction.

c. Changes to Terms: We reserve the right to update, change, or replace any part of these Terms at our sole discretion by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes constitutes acceptance of those changes.

2. Produce Sales and Delivery

a.Product Information: We strive to ensure that all descriptions and images of produce on our Website are accurate. However, natural variations in agricultural products may occur. We do not guarantee that the color, size, or appearance of the delivered produce will exactly match the images on the Website.

b. Ordering and Payment: All orders for produce are subject to availability. Prices for our produce are subject to change without notice. * Payment must be made through the methods specified on our Website. Orders will not be confirmed or processed until payment is received and verified.

c. Delivery: We deliver produce to addresses within Wahiawa, HI and designated nearby areas. Delivery schedules are estimates and may be subject to delays due to unforeseen circumstances (e.g., weather, road conditions, traffic). We will endeavor to inform you of any significant delays. It is your responsibility to ensure that the delivery address provided is accurate and that someone is available to receive the delivery during the agreed-upon time window. If delivery cannot be made due to your unavailability or an incorrect address, you may be charged for redelivery or the order may be cancelled without refund.

d. Quality and Refunds: Upon receipt, you are responsible for inspecting the produce for quality and freshness. If you are not satisfied with the quality of the produce, you must notify us within 24 hours of delivery, providing clear photographic evidence of the issue. We will assess valid claims on a case-by-case basis and may offer a replacement, credit, or partial refund at our discretion. Due to the perishable nature of our products, refunds or replacements will generally not be issued for claims made after the specified notification period.

e. Cancellation of Produce Orders: * You may cancel a produce order up to 12 hours before the scheduled delivery time without penalty. * Cancellations made after this period may incur a cancellation fee or result in forfeiture of the payment.

3. Farming Services (Land Preparation, Harvesting, Post-Harvesting, Material Handling)

a. Service Descriptions: Our farming services are described on the Website and may include, but are not limited to, land preparation (e.g., plowing, harrowing), harvesting, post-harvesting processes (e.g., cleaning, sorting), and material handling.

b. Service Agreements: For farming services, a separate, detailed service agreement or contract will be entered into between us and the client, outlining the scope of work, timelines, payment terms, and any specific conditions. The terms of that specific service agreement will take precedence over these general Terms for the provision of that service.

c. Quotes and Payment: Quotes for farming services are provided based on the specific requirements of the client and may vary depending on factors such as land size, crop type, equipment required, and labor. Payment terms will be specified in the individual service agreement.

d. Client Responsibilities: The client agrees to provide accurate information regarding their land, crop, and service requirements. The client also agrees to ensure safe working conditions and access to the work site for our personnel and equipment.

e. Limitation of Liability for Services: While we strive for excellence, we are not responsible for natural occurrences (e.g., weather-related crop damage, pest infestations) or pre-existing conditions of the land or crops that may affect the outcome of our services. Our liability for any damage or loss arising from our services is limited to the fees paid for the specific service in question.

4. Farming Tools and Equipment Rentals

a.Equipment Availability: All equipment rentals are subject to availability.

b. Rental Process: To rent equipment, you must complete our rental agreement form, provide valid identification, and pay the required rental fee and any security deposit. The rental period begins when the equipment is picked up or delivered and ends when it is returned and inspected.

c. Rental Fees and Security Deposit: Rental fees are specified on our Website or provided upon inquiry and are payable in advance. A security deposit may be required to cover potential damages or late returns. The security deposit will be refunded upon the satisfactory return and inspection of the equipment.

d. Equipment Condition and Usage: You are responsible for inspecting the equipment upon pickup/delivery to ensure it is in good working condition. Any existing damage must be noted and agreed upon before the rental period begins. You agree to use the equipment only for its intended purpose, in a safe and responsible manner, and in accordance with any provided instructions or manuals. You are responsible for any damage to the equipment incurred during the rental period, beyond normal wear and tear. You must not attempt to repair or modify the equipment yourself.

e. Maintenance and Fuel: You are responsible for fueling the equipment and for conducting routine checks (e.g., oil levels, tire pressure) during the rental period.

f. Return of Equipment: Equipment must be returned by the agreed-upon time and date. Late returns may incur additional charges. Equipment must be returned in a reasonably clean condition. Excessive dirt or debris may result in a cleaning fee.

g. Liability for Equipment Rentals: You assume all risks and liability for injuries to persons or damage to property arising from the use, operation, or possession of the rented equipment. You agree to indemnify and hold us harmless from any claims, damages, liabilities, costs, and expenses arising from your rental and use of the equipment. We are not responsible for any loss of crops or income due to equipment malfunction.

5. Intellectual Property

All content on this Website, including text, graphics, logos, images, and software, is the property of Kiawe Farm
or its content suppliers and is protected by Hawaii and international copyright laws.

6. Limitation of Liability

To the fullest extent permitted by law, Kiawe Farm shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.

7. Indemnification

You agree to indemnify, defend, and hold harmless Kiawe Farm, its officers, directors, employees, agents, and affiliates, from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Website or services, your violation of these Terms, or your infringement of any intellectual property or other right of any person or entity.

8. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of Hawaii, without regard to its conflict of law provisions. Any dispute,
controversy, or claim arising out of or relating to these Terms or your use of our services shall be settled through good faith negotiations. If a resolution cannot
be reached, the parties agree to submit to the exclusive jurisdiction of the courts located in Wahiawa, HI.

9. Contact Information

Questions about the Terms and Conditions should be sent to us at [email protected] or 808-366-3867.

Kiawe Farm
Lot 39A, Ohana Farm Parcels, Paalaa Uka Pupukea Rd, Wahiawa, HI 96786
[email protected]
808-366-3867

Last Updated: June, 2025