Terms & Conditions

Last Updated 19/09/2024

By placing an order with Raw for Birds, you signify acceptance of these terms and conditions.

Raw for Birds (R4B) takes pride in the quality of its products and service to customers.
Customers are requested to inform R4B if an order is incorrectly delivered or if there is dissatisfaction with the goods.
As part of our quality procedures, it is important that R4B and the customer agree on the terms on which business is to be transacted.
These terms and conditions are current for trading with R4B at the time of issue; however the terms and conditions may vary from time to time.

1. Interpretation
   In these conditions unless the contrary intention appears:
   "Additional Charges" include all delivery, handling and storage charges, goods and services tax, stamp duty, interest, legal and other costs of recovery of unpaid money and all other government imposts and all money, other than the Purchase Price, payable by the Customer to R4B arising out of the sale of the Goods.
   "Customer" means the person to or for whom the Goods are to be supplied by R4B.
   "Fixtures" means any fixtures supplied by R4B to the Customer for the exclusive display of Goods at the premises of the Customer.
   "Goods" means the goods sold to the Customer by R4B.
   " R4B " means Stuj Pty Ltd, ABN 46 656 076 952.
   "Purchase Price" means the GST exclusive list price for the goods as charged by R4B at the date of delivery or such other price as may be agreed by R4B and the Customer prior to delivery of the Goods.
   
2. Accounts
   2.1. Customer account applications will not be considered or accepted unless received in writing on a completed R4B account application form.
   2.2. When approving a credit account, R4B will determine if a credit limit applies and inform the Customer of that limit. R4B reserves the right to alter that credit limit at any time, or withhold any further credit or supply of Goods should the limit be reached or exceeded.
3. Order for Goods
   3.1. An order given to R4B is binding on R4B and the Customer if:
   3.1.1. A written acceptance is signed for or on behalf of R4B; or
   3.1.2. The Goods are supplied by R4B in accordance with the order.
   3.2. An acceptance of the order by R4B is then to be an acceptance of these conditions of sale by R4B and the Customer and these conditions of sale will override any conditions contained in the Customer's order. R4B reserves the right to accept a part only of any order by notifying the Customer in writing or by delivering the Goods to the Customer. No order is binding on R4B until accepted by it.
   3.3. An order which has been accepted in whole or in part by R4B cannot be cancelled by the Customer without obtaining the prior written approval of R4B, which it may refuse at its absolute discretion.
4. Warranties
   4.1. Certain laws imply terms, conditions and warranties ("Prescribed Terms") into contracts for the supply of goods and prohibit the exclusion, restriction or modification of such terms, conditions and warranties. The liability of R4B in respect of a breach of a Prescribed Terms or any warranty made under these terms and conditions is limited, to the extent permissible by law and at the option of R4B, to the:
   4.1.1. Replacement of the Goods;
   4.1.2. Payment of the cost of replacing the goods; or
   4.1.3. Refund of the Purchase Price paid by the Customer.
   4.2. Unless the terms and warranties are included in these standard terms and conditions, all prior discussions, quotations, warranties and Prescribed Terms, to the extent permitted by law, are excluded.
5. Delivery
   5.1 The times quoted for delivery are estimates only and R4B accepts no liability for failure or delay in delivery of Goods. The Customer is not relieved of any obligation to accept or pay for Goods by reason of any delay in delivery. Goods may be delivered by instalments at the discretion of R4B.
   5.2 Risk in accepting the Goods passes on delivery to the Customer, except when the Customer arranges their own collection of the Goods from R4B, upon which risk passes on collection of the Goods by the Customer or its agents.
   5.3 All Additional Charges are payable by the Customer in addition to the Purchase Price of the Goods.
   5.4 Return of Goods will not be accepted by R4B except by prior agreement in writing with R4B. Any goods returned may be subject to a restocking charge of up to 25 % of the Purchase Price of those Goods.
6. Price and Payment
   6.1 All prices are subject to change without notice.
   6.2 The Customer must pay the Purchase Price and the Additional Charges to R4B. Minimum order value of $600+ GST.
   6.3 lf the Customer is in default, R4B may at its option withhold further deliveries or cancel a contract without prejudice to any of its existing rights.
   6.4 All payments are due within 14 days of the date of statement, unless otherwise indicated by R4B on its invoice. Interest may be charged at the below rates per month or part of a month from the expiry of that period until the date payment is received by R4B.
   6.4.1 1.5% for purchases prior to 14/8/2024
   6.4.2 10% for purchases after 14/8/2024
   6.5 All pre-payment customers must pay their invoice within three (3) days of issue - failure to meet this requirement may result in your order cancelled.
7. Credit and Claims
   7.1 It is the Customer's responsibility, when signing for the receipt of the Goods, to ensure that the correct number of cartons are received in good order and condition. The Customers signed acceptance of receipt of the Goods will be considered acceptance of receipt of the correct number of cartons.
   7.2 The Customer should check all Goods immediately after delivery. Any claims to be made against R4B for short delivery of Goods, damage or breakage must be lodged in writing withing 5 days of the delivery date.
   7.3 No Goods will be accepted for return unless authorised by a representative of R4B. Drivers will not accept return of Goods unless prior arrangements have been made with R4B.
   7.4 Goods may not be accepted for credit or exchange when returned in a damaged or defaced condition (including Goods which have been price marked) resulting from conduct or omission of the Customer, unless resulting from a fault in manufacture or of R4B responsibility
8. Retention of Title
   8.1 Ownership, title and property of the Goods remain with R4B until payment in full for the Goods and all sums due and owing by the Customer to R4B on any account has been made. Until the date of payment:
   The Customer has the right to sell the Goods in the ordinary course of business;
   Until the Goods have been sold by the Customer in the ordinary course of the Customer's business, the Customer holds the Goods as bailee for R4B; if The Goods are always at the risk of the Customer.
   8.2 The Customer is deemed to be in default immediately upon the happening of any of the following events
   If any payment to R4B is not made promptly before the due date for payment
   If the Customer ceases to carry on business or stops or suspends payment or states its intention of so doing or is unable to pay its debts as they fall due or if any cheque or bill of exchange drawn by the Customer payable to R4B is dishonoured.
   8.3 In the event of a default by the Customer, then without prejudice to any other rights which R4B may have at law or under this contract:
   R4B or its agents may without notice to the Customer enter the Customer's premises or any premises under the control of the Customer for the purposes of recovering to Goods; R4B may recover and resell the Goods;
   If the Goods cannot be distinguished from similar Goods which the Customer has or claims to have paid for in full, R4B may in its absolute discretion seize all goods matching the description of the Goods and hold same for a reasonable period so that the respective claims of R4B and the Customer may be ascertained. R4B must promptly return to the Customer any Goods the property of the Customer and R4B is in no way liable or responsible for any loss or damage to the Goods or for any loss, damage or destruction to the Customer's business howsoever arising from the seizure of the Goods.
   In the event that the Customer uses the Goods in some manufacturing or construction process of its own or some third party, then the Customer must hold such part of the proceeds of sale of such manufacturing or construction process as relates to the Goods in trust for R4B. Such part will be an amount equal in dollar terms to the amount owing by the Customer to R4B at the time of the receipt of such proceeds. The Customer will pay R4B such funds held in trust upon the demand of R4B.
9. Goods and Services Tax
   Goods and Services Tax ( GST) will be shown separately on the tax invoice for the sale of the Goods. The amount of GST payable in respect of the supply of the Goods is payable by the Customer. The Customer must indemnify R4B in respect of GST paid and payable by R4B for the supply of the Goods.
10. Fixtures
    10.1 R4B may, at the sole discretion of R4B, supply to the Customer, free of charge, the Fixtures. The parties agree that, at all times, the Fixtures will remain the property of R4B.
    10.2 The parties agree that any such Fixtures will be at the risk of the Customer. The Customer agrees to fully indemnify R4B for any third party claims made against R4B in any way relating to the Fixtures.
    10.3 At all times, the Customer must display only R4B Goods in the Fixtures. The Customer agrees that it will not, at any time, display the goods of another supplier in or on the Fixtures.
    10.4 The Customer will ensure that R4B is provided with ready access to the Customer's premises and the Fixtures for R4B purposes during normal business hours.
    10.5 The Customer agrees to fully indemnify R4B for any losses it suffers arising in any way as a result of the Customer failing to comply with or breaching of any part of this clause.
    10.6 R4B will be entitled to enter the Customer's premises in order to collect the Fixtures if;
    The Customer displays the goods of any supplier other than R4B of any nature whatsoever in the Fixtures; or
    The Customer sells its business; or
    The Retailer permanently closes the Business. The Customer must provide R4B with access to do so during normal business hours.
11. General
    11.1 These terms and conditions are to be construed in accordance with the laws from time to time in the State of Queensland and the Commonwealth of Australia.
    11.2 These standard trading conditions contain all of the terms and conditions of the contract between the parties and may only be varied by agreement in writing between the parties.
    11.3 Any conditions found to be void, unenforceable or illegal may, to that extent be severed from the Agreement .
    11.4 No waiver of any of these terms and conditions or failure to exercise a right or remedy by R4B will be considered to imply or constitute a further waiver by R4B of the same or any other term, condition, right or remedy.