Raeco® Terms and Conditions of Sale
All goods and services (“Goods”) supplied by Raeco® ABN 72 006 501 926 to the customer are subject to the following terms and conditions:
Raeco’s quotations are open for acceptance within the period specified in the quotation or, if no period is specified, within thirty (30) days after the date of the quotation.
- The Customer may place an order for Goods by telephone, facsimile, e-mail or post, or via Raeco’s website.
- An order will be deemed to have been placed on the date on which it is received by Raeco®.
- No order shall be binding on Raeco® until accepted by Raeco® in writing.
- Changes to Orders and Contracts
No order or contract may be changed without the written (including e-mail) consent of Raeco®; changes will only be accepted on terms which will indemnify Raeco® against any losses.
- Cancellations & Returns
- No order may be cancelled except with the written (including e-mail) consent of Raeco®; cancellations will only be accepted on terms which will indemnify Raeco® against all losses.
- If Raeco® agrees to the cancellation of an order or the return of Goods, it may provide the Customer with a credit note for any amounts paid.
- All Goods approved for return to Raeco® must be received by Raeco® with a Return Authorisation number and in prime original resalable condition and in the original unopened and unmarked packaging. Raeco® reserves the right to charge the Customer a restocking fee of at least 10% of the value of goods for any goods so returned.
- Goods incorrectly delivered by Raeco® will attract no restocking or return freight fee.
- Goods incorrectly ordered by the Customer, meeting conditions detailed in section 4c, and if approved for return by Raeco®, will attract a restocking fee of at least 10% for consumables and 20% for furniture items. Return freight will be the Customer’s responsibility.
- If any stocked item does not meet your requirements, subject to section 4c, Raeco® will exchange, replace or credit if Raeco® is notified within 7 days of your receipt of the goods.
- Goods supplied to you that are manufactured to your specification (ie special orders), and which are
unsatisfactory based on:
- Faulty or not manufactured to your specification, will be replaced, repaired or refunded.
- Meeting your agreed specification, based on the Quotation Acceptance or a Variation form, at the discretion of Raeco®, may be modified at your expense.
- Prices for Goods sold are those quoted by Raeco® or those pursuant to Raeco’s then current price list. Prices are subject to change without notice.
- Unless otherwise stated, all prices for Goods sold by Raeco® are inclusive of GST where applicable.
- For account holders, payment in full is due within thirty (30) days from the date of statement.
- Raeco® reserves the right to require the Customer to pay a deposit upon placement of an order.
- Progress payments are required for all orders placed over and above $40,000. 50% is required upon placement of the order and the balance on receipt of goods/completion of order.
- Payments by approved account holders may be made by cash, cheque, major credit card or electronic funds transfer.
- Non Account Holders.
- Payment in full is due on placement of order.
- Raeco® reserves the right to withhold delivery until credit card funds are cleared.
- Orders originating outside Australia must be paid by either a bank cheque or eft payment directly to Raeco’s bank account. Goods will be released once payments are cleared.
- Overdue accounts
- The Customer shall pay upon demand, interest to Raeco® on any amount which remains outstanding outside the period referred to in section 6(a) to be calculated on a daily basis at the rate for the time being fixed in the Penalty Interest Rates Act from the due date for payment until payment is actually received by Raeco®.
- The Customer shall pay all debt collector’s expenses and legal costs and disbursements incurred by Raeco® in collecting any outstanding money owed by the Customer.
- Raeco® may cease further delivery of any Goods to the Customer and the Customer immediately forfeits all money held by Raeco® on the Customer’s account.
- Rights in Relation to Unpaid Goods
- Raeco® reserves the following rights in relation to the Goods until all accounts owed by the Customer to Raeco® are fully paid:
- Legal ownership of the Goods;
- The right to enter the Customer’s premises (or the premises of any associated company or agent where the Goods are located) without liability for trespass or any resulting damage and to retake possession of the Goods; and
- To keep or resell any Goods so repossessed.
- If the Goods are resold by the Customer, the Customer will hold such part of the proceeds of any such sale as represents the price of Goods in a separate identifiable account as the beneficial property of Raeco® and will pay such amount to Raeco® on request.
- Notwithstanding the provisions in this section, Raeco® will be entitled to bring action to recover any amount unpaid or to claim damages consequential upon the breach of these terms and conditions of supply, or both.
- Delivery & Installations
- All Goods
- Raeco® will incur the cost of delivery unless stated otherwise.
- Raeco® shall not be liable for failure to deliver or for delay in delivery occasioned by any cause whatsoever.
- Raeco® reserves the right to deliver by instalments, and each instalment shall be deemed to be sold under a separate contract but the failure to deliver any instalment shall not entitle the Customer to repudiate any or all of such contracts.
- The method of transportation and carrier will be at the selection of Raeco®. If other modes of transport are required this will be at the cost of the Customer.
- Shelving & Furniture Goods
- Raeco® will aim to deliver the goods to the Customer on the Delivery Date specified in the Quotation Acceptance form. Should the Delivery Date be extended by the Customer, the delay shall not more than 20 working days after the original Delivery Date, unless otherwise agreed to by both parties in writing.
- In the event of a delayed delivery at the request of the Customer beyond 20 working days after original delivery date, Raeco® will store the goods for the duration of the agreed delay period and storage will incur fees of $10 per pallet per week. Raeco® will invoice the customer on the date of the originally planned Delivery Date and payment for the goods will be required within the terms and conditions of supply in Section 6.Despite our best efforts, Raeco® accepts no liability for delayed deliveries where the circumstances are out of our control.
- Raeco® reserves the right to make a reasonable charge for costs incurred in attempting to deliver the Goods if it is unable to deliver them on the Delivery Date, due to any act of the customer or any obstruction of access to the premises of the customer by any other parties engaged by the customer.
- Whilst we appreciate some customers prefer to request their shelving needs with component specifications only, Raeco® cannot accept liability for variations which may exist between the components requested and any additional components required to complete the configuration.
- Where Raeco® is to arrange installation, a detailed configuration will be required prior to commencement of installation. If a configuration is not provided by the customer, Raeco® cannot be held responsible for delays or nonconforming configuration or additional costs incurred.
- Please note that Raeco® will endeavour, but cannot guarantee, to match existing timber colours and timber stains. Variations in timber stains are common and should be expected where a combination of Laminate or Melamine, together with a natural timber stain or timber veneer stain, are used. Where a close colour or stain match is required we may request customers to approve the colour/stain prior to manufacture.
- Variations to installations including wall structures not specified in the Quotation Acceptance form can only proceed with the acknowledgement of both parties on a Variation form, supplied by Raeco®. Charges may apply with variations.
- Passing of Risk
The risk in the Goods shall pass to the Customer upon delivery of the goods to the Customer or collection of the Goods by the Customer or the Customer’s agent as the case may be.
Except for those required or implied by legislation, Raeco® gives no express warranty in relation to Goods supplied to the Customer, and the Customer acknowledges that it has not relied on any representation or warranty made by or on behalf of Raeco®. Certain legislation may imply conditions and warranties into these terms and conditions. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded.
- Limitation of Liability
- The liability of Raeco® under or arising out of the supply of Goods for breach of any term, condition or warranty implied in or imposed upon the supply of the Goods by legislation, shall be limited, at the option or Raeco® to:
Except to the extent the law provides that liability is not able to be excluded, Raeco® shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits, loss of use or loss of data) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Goods supplied by Raeco® or the failure of Raeco® to comply with these terms and conditions.
- if the breach or liability relates to goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired;
- if the breach or liability relates to services;
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
- Amendment: These terms and conditions of supply shall not be amended except in writing signed by each of the parties.
- Severability: If any provision of these terms and conditions of supply is deemed to be unlawful and unenforceable, such provision will be severed from these terms and conditions of supply and all other provisions of these terms and conditions of supply will remain in full force and effect.
- Separate Contracts: These terms and conditions of supply constitute a separate contract in relation to each item of goods ordered or supplied.
- Waiver: Any failure by Raeco® to insist upon strict performance of any of these terms and conditions will not be deemed a waiver of any term or of a beach by the customer.
- Copyright: All text, illustrations and photography are subject to copyright and may NOT be reproduced in whole or in part, without express permission from Raeco®.
- Conflicts: These terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customer’s order. In the event of any inconsistency, Raeco® will be deemed, by delivering the Goods to the Customer, to have made an offer to the Customer to sell the Goods pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains or accepts the Goods. Raeco® reserves the right to change these terms and conditions at any time.
- Place of Contract
The law of the State of Victoria shall govern these terms and conditions of supply and the courts of Victoria shall have exclusive jurisdiction in all matters arising herein.
- Freight Charges
- Consumable items purchased within Australia will incur a flat charge of $15 + gst per order.
- Furniture and shelving items will incur a freight charge,
which will be quoted at the time the order is placed.
- International purchasing will incur a freight charge, which will have to be quoted.
- On Line Transactions
- Security: Raeco’s online order service requires that the Customer will apply for access to the website (see FAQ section 'Applying for access').
The Customer is responsible for the safekeeping of their sign-in name and password and must take all reasonable steps to prevent their disclosure to any other person.
The Customer understands and agrees that Raeco® is entitled to rely on the authenticity of the Customer’s sign-in name and password being supplied to access any service supplied by Raeco®, or to give Raeco® instructions on the Customer’s behalf. Where the correct sign-in name and password have been entered, Raeco® may act on any instructions given without further enquiry.
- Liability and Exclusions: Subject to complying with these Terms, the Customer will not be liable for loss caused by: fraudulent or negligent conduct by employees or agents of Raeco® or any other unauthorised transactions where it is clear that the Customer can prove such to Raeco’s satisfaction.
The Customer is liable for all losses if the Customer has acted fraudulently at any time, either alone or together with any other person, in using Raeco’s online order service. The Customer is also liable for losses where any act or omission of the Customers has contributed to causing those losses.
- Availability of Service: Raeco® has made all reasonable efforts to ensure that Raeco’s online service, will be properly provided to the Customer. However, Raeco® does not guarantee that these services will be error-free, uninterrupted, continuously available, or free from viruses or malicious programmes.
- Links to Other Sites: For the Customer’s convenience, the Company’s online service and other online services may provide links to other websites, over which Raeco® has no control. The Customer agrees that Raeco® has no responsibility for the availability of those sites and that Raeco® has no liability for and does not endorse any content, advertising, products or services available from such sites.
- Raeco® respects your privacy and is committed to protecting it in accordance with the Australian Privacy Act 2001 and its privacy principles.
- All personal information collected and stored by Raeco® as a result of your order is used by Raeco® only for the purposes of facilitating the supply of products and services to you, the customer and servicing our relationship with you. It is not disclosed to any third party, except where the customer has authorised disclosure to a third party e-commerce facilitator.
- Customer contact information may also be used by Raeco® for some direct marketing purposes.