Terms of Trade
Comprehensive commercial terms governing B2B transactions with Brf Brazil Foods. Please review carefully before placing orders.
Important Notice
By submitting an order or quote request, you acknowledge that you have read, understood, and agree to be bound by these Terms of Trade. These terms constitute a legally binding agreement. For custom terms or exceptions, please contact our sales team before placing orders.
1. General Terms & Definitions
- These terms of trade govern all sales of frozen meat products between BRF Brazil Foods (Seller) and the Buyer ("Buyer").
- "Products" refers to all frozen chicken, beef, and pork products listed in our current catalog.
- "PO" means a purchase order submitted by the Buyer and accepted by the Seller.
- Incoterms® refers to the International Commercial Terms 2020 published by the International Chamber of Commerce.
- All business is subject to availability and confirmation by BRF Brazil Foods.
- Prices are quoted in USD unless otherwise stated.
- We would like to emphasize that BRF only engages with verified and qualified buyers who are able to provide complete and valid documentation. To proceed with your inquiry and ensure a smooth verification process, kindly follow the procedure outlined below:
Purchasing Process
- Buyer submits a Letter of Intent (LOI) outlining the purchase requirements.
- "Seller" issues a Full Corporate Offer (FCO) based on the buyer’s request.
- "Buyer" submits an Irrevocable Corporate Purchase Order (ICPO) accepting the terms of the FCO.
- Seller prepares and issues the Sales and Purchase Agreement (SPA).
- Buyer reviews, signs, Stamp and returns the SPA for the seller’s final confirmation and execution.
- Seller issues the Proforma Invoice (PI) in accordance with the executed SPA
- Buyer remits a 30% advance payment via SWIFT MT103 against the Proforma Invoice
- Upon confirmation of the payment, the order is immediately scheduled for production and processing at our factory, and fulfillment begins in accordance with the agreed delivery timeline.
2. Pricing & Payment Terms
- Minimum Order Quantity (MOQ):1 container (40ft), as specified in PO.
- Prices are quoted net without tax, VAT or other applicable duties.
- Volume discounts apply for orders exceeding 5 FCL, 10 FCL, and 20 FCL.
- Full Container Load (FCL): standard wooden pallets used for packing.
- Payment terms: T/T payment (Telegraphic Transfer) 30/40/50% advance againts BL, remainder 7 days before shipment, max 30/45 days for qualified buyer or Letter of Credit (LC) at sight.
- Late payment incurs interest of 1.5% per month or the maximum rate permitted by law.
- All banking charges are for the buyer's account unless otherwise agreed.
- Please note that in accordance with BRF policy, an advance payment is required as pre-condition for new clents.
3. Delivery & Shipping Terms
- Standard Incoterms® 2020: FOB (Free on Board), CFR (Cost and Freight), CIF (Cost, Insurance and Freight), DDP (Delivered Duty Paid).
- Standard lead time: 10-14 days from order confirmation.
- Port of loading: Key ports sourced for Africa (South Africa, West Africa).
- SGS / Bureau Veritas inspection available at buyer's cost and lead time.
- Cold chain transport management: -18°C temperature maintained.
- Buyer responsible for customs clearance under DDP terms agreed.
- Force majeure provisions for shipments delayed without fault.
4. Product Quality & Specifications
- All products certified - HALAL, HACCP, ISO 22000, and EEC.
- Products conform to specifications in technical data sheets.
- Shelf-life starts from the production date shown on the factory carton.
- Quality inspections available at loading port (cost to Buyer).
- Certificate of Origin + Health Certificate and Veterinary Certificate provided.
- Products comply with importing country's food safety regulations.
- Minor greasy packaging condition issues are not cause for rejection.
5. Claims & Returns
- Quality claims must be reported within 7 days of delivery with photographic evidence.
- Quantity discrepancies must be noted on delivery receipt and reported within 48 hours.
- Claims require: Commercial invoice, Bill of Lading, health certificate, production dates, lab test results (if applicable).
- No claims accepted for normal defrosting/refrigeration damage while in custody of Buyer.
- Approved claims: Credit note issued or replacement shipment (Seller's choice).
- Claims do not excuse payment obligations.
- Defective products must be retained for inspection for 14-30 days.
6. Liability & Insurance
- Seller's liability limited to invoice value of defective products.
- Insurance included at CIF value terms, covering standard cargo/marine risks.
- Seller not liable for delay due to customs, port congestion, weather, product recall, unless due to gross negligence or intentional damages.
- Buyer assumes all risks upon delivery at agreed locations.
- Product contamination limits apply to stock condition maintained.
- Jurisdiction: Courts at country of seller's choice.
7. Intellectual Property & Confidentiality
- All product images, technical data, and pricing are confidential.
- Buyer may not sell, disclose or share proprietary information with third parties.
- BRF Brazil Foods trademarks and brands remain our exclusive property.
- Private labeling and co-branding are subject to approval.
8. Dispute Resolution & Governing Law
- Disputes shall first be resolved through good faith negotiations.
- Unresolved disputes to be settled under arbitration via International Chamber of Commerce.
- Arbitration venue: [Appoint neutral jurisdiction for arbitration].
- Language: English.
- Governing law: United Nations Convention on Contracts for the International Sale of Goods (CISG).
9. Modifications & Amendments
- BRF brazil Foods reserves the right to modify these Terms of Trade at any time. Amended terms will be published on our website and apply to all orders placed subsequent to the date of modification. Continued use constitutes acceptance of the updated terms.
- For each transaction, these terms may be supplemented or modified by written agreement, purchase order confirmation, or proforma invoice, signed or accepted by BRF Brazil Foods representatives.
Quick Reference: Incoterms 2020
FOB
Seller bears goods on vessel, risk transfers to buyer once on board.
CFR
Seller arranges shipping, risk transfers to buyer once on vessel.
CIF
Seller arranges shipping/ins, risk transfers to buyer once on vessel.
EXW
Buyer collects from seller facility. Risk transfer at seller warehouse.
DDP
Seller delivers to buyer's door. Risk transfer at destination warehouse.
CIP
Risk transfers to the buyer when goods are handed to the first carrier