TERMS & CONDITIONS

All goods and services (“goods”) supplied by Raeco (ABN 72 006 501 926) to customers are subject to the following terms and conditions:

 

1. Quotations

A: Raeco’s quotations for product 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.

B: If Raeco delivery and installation service is
required, Raeco will provide an estimate cost on your initial product
quotation. Due to the frequency of price fluctuations, delivery and
installation costs will be recalculated and presented to you at the time these
services are required. If there are delays in delivery and installation, these
will continue to be recalculated at the time these services are required. 

If delivery is to a construction site and accessibility to drop off and/or installation location is not accessible, variation charge will be incurred.

2. Orders

a)       Orders can be placed by telephone, facsimile, e-mail, post, or via Raeco’s website.

a)        An order will be deemed to have been placed on the date on which it is received by Raeco.

b)        Orders are considered binding once written confirmation is issued by Raeco.

 

3. Changes to Orders and Contracts
Orders or contracts may not be changed without the written (including e-mail) consent of Raeco.

 

4. Cancellations & Returns

Orders cancellations can be requested, in writing however, cancellations will only be accepted by Raeco if the request falls into Raeco’s current terms and conditions.

If Raeco agrees to the cancellation of an order or the return of goods, we may provide a credit, based on the amount paid for cancelled order. This credit can only be used to purchase Raeco product.

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 customers a restocking fee of at least 20% of the value of goods for any goods so returned.

Goods incorrectly delivered by Raeco will not attract a restocking or return freight fee.

Goods incorrectly ordered by customers, meeting conditions detailed in these Terms and Conditions, and if approved for return by Raeco, will attract a restocking fee of at least 20% for consumables and 20% for furniture items. Return freight is at the expense of customer.

If any stocked item does not meet your requirements Raeco will exchange, replace or credit if Raeco is notified within 7 days of your receipt of the goods.

Goods supplied to customers that are manufactured to customers 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.

 

5. Prices

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.

 

6. Payment

a)       Raeco reserves the right to require customers to pay a deposit upon placement of an order.

b)       AUSTRALIAN PROJECTS: 

Non government entities, progress payments are required for all orders placed over and above $20,000, a 75% deposit is required on placement of order and 15% on delivery. The final 10% is due 30 days after completion. Government entities, 50% deposit 

c)       INTERNATIONAL PROJECTS: 

Full payment is required upfront before manufacturing can commence.

Payments by approved account holders may be made by major credit card or electronic funds transfer.

Manufacture of your order commences once deposit (or full payment) is received by Raeco.

If the date of your project installation is delayed indefinitely, or beyond 30 days of scheduled date, (and the cause of the delay is not as a result of Raeco), Raeco will issue an invoice for delivery and completion in line with the original dates. These will be calculated with our “percentages of project pricing” outlined above (6.c) in this terms and conditions document.

d)       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.

 

7. Overdue Accounts

a)       Interest is payable by customer 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.

b)       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.

c)       Raeco may cease further delivery of any goods to customers and customer immediately forfeits all money held by Raeco on the customer’s account.

 

8. Rights in Relation to Unpaid Goods

a)       Raeco reserves the following rights in relation to goods until all accounts owed by customer to Raeco are fully paid:

Legal ownership of the goods;

The right to enter 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.

b)       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.

c)       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.

 

9. Delivery & Installations

a)       All Goods

If a cost of delivery is unable to be calculated for online orders at checkout, Raeco will advise the cost of delivery on your order confirmation. On all other orders, cost of delivery and/or installation [if applicable] will be included on your Raeco order confirmation.

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 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.

b)       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 be 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 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.

 

c) If delivery is to a construction site where drop off and/or installation location is not accessible or compromised, variation charge will be incurred.

 

11. 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.

 

12. Limitation of Liability

a)       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:

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.

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.

General Amendment: These terms and conditions of supply shall not be amended except in writing signed by each of the parties.

b)       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.

c)       Separate Contracts: These terms and conditions of supply constitute a separate contract in relation to each item of goods ordered or supplied.

d)       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.

e)       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.

f)        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.

G)        Force majeure: Force majeure relates to unforeseeable natural and human catastrophes that interrupt the expected course of events and prevents participants from fulfilling obligations.

If the performance of this agreement cannot be continued due to force majeure, the Parties may be exempted from liabilities in whole or in part according to the impact of the force majeure. If either party cannot perform this Agreement due to force majeure, it shall immediately notify the other party, and try its best to minimize the

possible losses as sustained by the other party, and shall timely provide a proof to the other party.

In the event of force majeure, the obligations of both parties under this Agreement will be suspended within the scope of the force majeure and its duration. The term of cooperation may be extended according to the time limit for suspension, but the parties shall reach an agreement and neither party shall be liable for this. The party claiming to be affected by force majeure shall notify the other party no later than 15 days after the occurrence of force majeure and shall minimize the damage caused by force majeure. If force majeure lasts longer than 60 days and the parties fail to reach a resolution to continue to perform this Agreement, either party has the right to terminate this Agreement by giving written notice to the other party.

 

13. 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.

 

14. Delivery Charges

a)       Consumable items purchased within Australia will incur a flat charge of $22.50 + GST per order (weight limits apply).

b)       Furniture and shelving items will incur a delivery charge, which will be quoted at the time the order is placed.

c)       International purchasing will incur a delivery charge, which will have to be quoted.

 

15. Online Transactions

a)       Security: Raeco’s online order service requires that customers will apply for access to the website (see FAQ section ‘Applying for access’). Customers are 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. Customers understand and agrees that Raeco is entitled to rely on the authenticity of 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.

b)       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.

c)       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.

d)       Links to Other Sites: For your convenience, Raeco’s online service (plus other online services) may provide links to other websites, over which Raeco has no control. Users 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.

 

16. Privacy

a)       Raeco respects your privacy and is committed to protecting it in accordance with the Australian Privacy Act 2001 and its privacy principles.

b)       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.

c)       Customer contact information may also be used by Raeco for some direct marketing purposes.

d)       Cookies generated by the use of Raeco’s website are used only to validate access to our online ordering system. They are not used to identify individuals, nor are they used to track navigation patterns, or the address of the website from which a customer may have entered our website.

Click here to view our Privacy Policy.

RAECO PROJECT CAVEATS

1. Images provided in quotations are indicative. Please note colours, fabrics and finishes may vary. We recommend confirming these prior to placing your order.
2. Prices have been calculated based on our standard colours and finishes (unless specified otherwise). If you require additional or varied works, outside those included in this proposal, including (but not limited to) colour, quantity or finishes, we will provide a written update (or variance) before commencing.
3. If the date of your project installation is delayed indefinitely, or beyond 30 days of scheduled date, (and the cause of the delay is not as a result of Raeco), an invoice will be issued in line with the original delivery date. Normal payment terms as per item 5 (below) will apply.
4. If storage of items is required due to project delays, as a result of customer or third party (ie: not Raeco), storage fees will be submitted as a variation – after the first free 30 days of storage.

5. AUSTRALIAN PROJECTS: 

   Non government entities, progress payments are required for all orders placed over and above $20,000, a 75% deposit is required on placement of order and 15% on delivery. The final 10% is due 30 days after completion. Government entities, 50% deposit 

   INTERNATIONAL PROJECTS: 

   Full payment is required upfront before manufacturing can commence.

   Payments by approved account holders may be made by major credit card or electronic funds transfer.

   Manufacture of your order commences once deposit (or full payment) is received by Raeco.

   If the date of your project installation is delayed indefinitely, or beyond 30 days of scheduled date, (and the cause of the delay is not as a result of Raeco), Raeco will issue an invoice for delivery and completion in line with the original dates. These will be calculated with our “percentages of project pricing” outlined above (6.c) in this terms and conditions document.

   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.

6. Manufacturing will commence once deposit is received.
7. Lead times are calculated from the date once an official order is placed with Raeco. As an indication, lead times range from 6-12 weeks Australian orders and 16-20 weeks for International orders.
8. Longer lead times apply for customised shelving and furniture.
9. For any construction projects (new or refurbishments) clear access to site will be required. All deliveries are to ground level – unless advised prior to placement of order. Additional charges apply if late changes to floor level delivery is made.  Access must accommodate standard pallet sizes. If delivery is to a construction site and accessibility to drop off and/or installation location is not accessible, variation charge will be incurred.
10. Any works (including installation) undertaken outside the scope of your proposal are considered variation(s). If additional costs are incurred as a result of variations, these will be invoiced.
11. Non-installation projects: If Raeco are not undertaking the installation, we are unable to accept any liability for damages incurred during installation.
12. The quotation is based on supply of all items. If items are added or removed from the proposal before supply commences, a revision (or variance) may be raised to reflect new items and quantities purchased. Variances may also affect the costs of delivery, installations, placements and packaging removal.
13. Please review all our terms and conditions.75