These terms and conditions apply to every order placed by BirdieBox with any individual, firm, organization, or company. Any terms and conditions contained within or attached to any document of any kind which are inconsistent with the terms and conditions outlined in this document, or which attempt to add to or modify these terms and conditions in anyway shall not be deemed acceptable or legally binding unless expressly and clearly accepted by BirdieBox in writing.  All parties affirm that the contract shall commence and the Vendor will be bound contractually to fulfill the obligations outlined within these terms and conditions upon the issuance of a purchase order to the Vendor by BirdieBox.

 

The Vendor agrees to ensure the goods and/or services provided shall: correspond with the quantity, type, sort, quality and description defined in the purchase order; meet performance standards, benchmarks, and delivery schedule specified on the purchase order or as specified to the Vendor by BirdieBox; be of satisfactory quality (as defined by the Sale of Goods Act 1979) and fit for any purpose specified by the Vendor or specified to the Vendor by BirdieBox; be free from defects in design, materials and workmanship and remain so for a period of 12 (twelve) months from the delivery date; comply with all applicable statutory, legal, and regulatory requirements relevant to the manufacturing, production, labelling, packaging, storage, handling, and delivery of the specified goods.

 

Should the goods provided fail to comply with the BirdieBox purchase order and/or submitted instructions, BirdieBox may either return the goods to the Vendor at the Vendor’s own expense and risk of loss; reject the goods at the seller’s risk; require the Vendor to replace the goods; accept in whole or part such goods supplied by the Vendor without prejudice to or limitation of any rights held by BirdieBox to claim damages or other compensation for loss, damage, or material failure suffered as a result of the Vendor’s failure to comply with these terms and conditions. In the event the seller fails to deliver the goods specified by the date specified in the purchase order, BirdieBox may terminate the contract without notice.

 

Prices paid for goods and/or services shall be the prices established in the purchase order, including, but not limited to, packaging costs, insurance fees, and shipment of goods. No extra charges, if any, will be incurred unless agreed upon in writing by BirdieBox.

 

These terms and conditions will apply unless BirdieBox specifies different terms and conditions in its tender or quotation documentation, or via other contracts entered into by the parties. Should BirdieBox specify such changes and apply different terms and conditions in writing, those terms and conditions will override the purchase order terms and conditions and will apply instead of these.