TERMS AND CONDITIONS
1. GENERAL TERMS AND CONDITIONS FOR CONTRACT FLOWERS
⦁ The Customer has engaged the Supplier to supply the goods described in Item 1 of the Schedule (The “Contract Goods”) and the Supplier is agreeing to supply the Contract Goods for the Customer. This Agreement is of 12 months’ duration.
⦁ The Supplier represents to the Customer that the Supplier has the necessary skill, expertise and experience in the provision of the Contract Goods and will provide the Contract Goods to a reasonable standard consistent with the relevant legislation.
⦁ 10% discount is applied only to yearly contracts (12 months of weekly subscriptions).
2. TERMS OF SUPPLY:
⦁ The Customer agrees to pay the Supplier the Contract Goods as set out in their contract on the terms and in the method set out in Item 3 of the Schedule. The contract sum is the full amount which the Customer must pay for the Contract Goods. The Supplier will issue an invoice for the Goods supplied. The Customer will pay for the Contract Goods as provided in Item 3 of the Schedule.
⦁ In the event of late payment by the Customer, the Supplier reserves the right to add late payment costs of £50 and 8% standard interest in line with the Late Payment of Commercial Debt Regulations 2013.
2.3 If, for whatever reason, the Customer does not pay for any Contract Goods when payment becomes due the Supplier may, without being in breach of the Agreement, suspend supply of the Contract Goods until all outstanding payments have been made. If the Customer fails to make such payment within 14 days of any request for payment then the Supplier may terminate this Agreement by giving notice in writing to that effect.
2.4 The Supplier may, from time to time, by notice in writing to the Customer reasonably increase its prices.
3.1 The Contract goods must be of reasonable quality.
⦁ All Contract Goods will be selected by the Supplier on behalf of the Customer and/or specifically ordered by the Customer on the Supplier’s standard order form or standard method which order form or method the Supplier may from time to time change. Contract Goods ordered on an occasional basis will be charged as set out in Item 2 of the Schedule. Unless otherwise agreed in writing the Contract Goods must be delivered to the Customer within the number of days set out in Item 3 of the Schedule from the date they are ordered and at the address specified therein. The costs of such delivery, where charged, will be borne by the Customer and included where charged in Item 3 of the Schedule.
⦁ Any and all damage (including replacement costs) howsoever caused to the Supplier’s non-perishable Contract Goods at the Customer’s address will be paid for by the Customer. Non-perishable Contract Goods will at all times remain the property of the Supplier.
5. BREACH BY SUPPLIER
⦁ If the Supplier breaches any of its contractual obligations under this Agreement and
fails to remedy that breach promptly and in any event within 14 days of being requested by the Customer to do so, then the Customer may by written notice terminate this Agreement. Upon termination of this Agreement, the Customer is only obliged to pay the Supplier for the Goods actually supplied to the Customer. Where the Contract Goods include non-perishable Goods (described in Item1 of the Schedule) the Customer will make reasonable provision for the return or collection by the Supplier of those Contract Goods in such condition as they were provided to the Customer by the Supplier. The Supplier will be entitled, notwithstanding such termination, to claim as a debt owing any money due to the Supplier on termination and claim damages in respect of any loss sustained by the Supplier including any loss of profits resulting from the breach.
6.1 The Supplier warrants that all the Contract Goods will be of satisfactory quality and conform with the requirements of the relevant legislation and be fit for their purpose. If for whatever reason, the Contract Goods do not reasonably conform with this requirement, the Supplier will, upon request and at no cost to the Customer make good the Contract Goods so that the Contract Goods meet the requirements herein described.
7.1 Either party may terminate this Agreement at any time after 30 days from the date hereof by giving the other party 30 days’ prior written notice to that effect. On the expiry of 30 days (the “Termination Date”), this Agreement will be at an end.
7.2 Either party may terminate this Agreement immediately upon written notice of the other party (a) commits a material breach of any term of this Agreement or (b) ceases, or threatens to cease to carry on business, makes any voluntary arrangement with its creditors or (being a company) becomes subject to an administration order or goes into liquidation, has a receiver appointed over any of its assets or (being an individual) is the subject of a bankruptcy petition or order.
7.3 The Supplier must be paid by the Customer up to and including The Termination Date for all Contract Goods before the Termination Date. Non-perishable Contract Goods (described in Item1 of the Schedule) the Customer will make reasonable provision for the return to or collection by the Supplier of those Contract Goods in such condition as they were provided to the Customer by the Supplier.
Item 1: Suitable number of Vases
Item 2: Deliveries to be made by Supplier to Customer on a weekly basis. The Customer is to pay the Supplier the amount specified in their contract before 10th day of each month in which deliveries are made. Payment will be made via BACHs etc. into Lloyds TSB (Sort Code: 30-84-580 Account No: 51863060).
Item 3: Applies in case of occasional orders (parties, functions, celebrations – agreed budget to be paid up to 10 working days before the actual event