Tiger Chicks Terms & Conditions
Effective Date: January 2026
Welcome to the Tiger Feeds website. By accessing this site and purchasing or using our products, you agree to comply with and be bound by the following terms and conditions for Tiger Chicks, a division of Tiger Animal Feeds.
1. Application of Conditions
These conditions shall apply to all goods sold by the seller (the goods) and may not be varied unless such variation is in writing and signed by the parties. In the event that a dispute exceeds a court’s jurisdiction, the seller remains entitled, at its discretion, to proceed in any court of competent jurisdiction.
2. Ownership and Payment Allocation
Ownership: Ownership of the goods remains with the seller until the purchase price, general sales tax, and all other charges are paid in full.
Payment Allocation: All payments are deemed allocated first to stock already sold or consumed, and second to the oldest outstanding unpaid items.
Identity of Stock: The Company’s batch number serves as conclusive proof of the identity of stock items.
3. Payment Terms
Standard Terms: Payment is cash against delivery unless otherwise agreed in writing.
Deductions: All payments must be free of deductions or bank charges.
Deposits: A 50% deposit is required; eggs will not be set if the deposit is not received.
4. Breach of Contract
If the purchaser breaches any terms (including failure to accept delivery or make timely payment), the seller is entitled to:
Declare the full balance due and payable immediately.
Enter the purchaser’s premises to recover goods without a court order.
Cancel the contract and recover damages.
Retain any prepayments as a penalty or liquidated damages.
5. Costs and Interest
Legal Costs: The purchaser is liable for all legal costs on an “attorney and own client” scale, including collection commissions and tracing fees.
Discounts: Discounts are disallowed on overdue accounts.
Interest: Overdue accounts bear interest at the maximum rate allowed by the Usury Act of 1968.
6. Risk and Delivery
Risk passes to the purchaser upon delivery. Delivery is deemed to take place:
Ex-factory: When the purchaser or agent collects goods.
Third-party carrier: When goods are handed to the carrier (post, rail, bus, etc.).
Seller delivery: When goods are off-loaded at the nominated address.
Costs: All costs for non-standard delivery instructions are for the purchaser’s account.
7. Liability and Warranties
Timeframes: Time is not of the essence for any transaction. The seller is not liable for damages due to failure to fulfill conditions, and such failure does not entitle the purchaser to cancel.
Exclusion of Liability: The seller is not responsible for any loss, including loss of profit or consequential damages, arising from any cause.
No Warranty: The seller does not provide any warranty or guarantee regarding the goods or their suitability for a specific purpose.
Misuse: The seller is not liable for damage arising from the misuse or abuse of goods.
8. Disputes and Returns
No Withholding: The purchaser cannot reject goods or withhold payment due to a dispute.
Cancellations: Orders cannot be cancelled once confirmed by the seller.
Returns: Goods may only be returned by written agreement.
Shortages/Defects: Claims for short delivery or defective goods must be made in writing within 48 hours of delivery; otherwise, the delivery note is deemed correct.
9. Legal and General Provisions
Domicilium: The purchaser chooses their principal place of business as their address for all legal notices.
Jurisdiction: The purchaser consents to the jurisdiction of the Magistrate’s Court.
Proof of Debt: A certificate signed by an authorized seller representative serves as prima facie proof of the amount due.
Severability: Each clause is severable; if one is found unenforceable, the others remain in effect.
Force Majeure: The seller may cancel orders due to causes beyond their control, such as acts of God, war, or labor disputes.
Authority: The signatory warrants they are authorized to bind the purchaser to this agreement.
