TERMS AND CONDITIONS
All your rights set out in this Agreement are in addition to your rights as a consumer under applicable consumer products legislation, including the Australian Consumer Law.
Your Consumer Rights are not excluded, restricted or modified by this Agreement.
By ticking the box and/or making an order with Fratric Trading Pty Ltd trading as ‘Flowers For Ever After’ (“from here-on-in known as FFEA”), either orally or in writing; you hereby acknowledge that you have read and understood and agree to be bound by the following terms and conditions:-
- The Agreement (‘the Agreement’) between FFEA and You is made on the date shown on the Hire Information Form or Quote, with respect of the Goods. The terms set out on the said Hire Information Form or Quote are to be read in conjunction with, and form part of these terms and conditions. You agree that a copy of the Quote or Hire Information Form, along with the scope of works to be carried out, have been provided to you at the time of or shortly after, receiving these terms and conditions.
- ‘Damage’ means any damage or loss to the goods or to any third party property or person caused by You or any other person You allow, directly or indirectly, to handle, adjust, touch, remove, alter or otherwise move the Goods, including but not limited to; guests, employees, event staff or other person who is not an authorised agent or employee of FFEA.
- ‘Goods’ means the items described on the purchase Quote, and includes parts, components, stands, frames or accessories and any contents supplied by FFEA.
- ‘Hire Goods’ means the items that are described on the Hire Information Form, and includes parts, components, stands, frames or accessories and any contents supplied by FFEA.
- ‘Hire Period’ means the period commencing on the date shown on the hire document and ending on the date that You return the hired goods or if applicable; FFEA pick up the hired goods.
- ‘the Parties’ mean FFEA and the person/s, the business or company as listed on the Quote or Hire Information Form attached hereto (referred to as ‘You’).
- Sell and/or Hire: FFEA agrees to sell and/or hire the Goods and/or Hire Goods to You on these Terms and the terms set out on the said Quote or Hire Information Form. In the event that there are inconsistencies, these Terms prevail.
- Quotes: The prices quoted are as of the date the order was made and are valid until expiry of the quotation, being thirty days (30) after the quoted date. All prices are subject to GST (Goods and Service Tax) and any other applicable government taxes. FFEA reserves their rights to amend, vary or otherwise change the quoted price at any time prior to the deposit being paid, should the costs of products, material or labour change.
- Trading Terms: The FFEA trading terms are strictly as follows:-
- 50% of the total price will be paid as deposit at the time of Order for Purchases. No works on Purchases will commence until the minimum deposit has been received in cleared funds by FFEA;
- Payment in full for all Hire Goods including centrepieces and arrangements; with the applicable Hire Bond being due no later than 48 hours prior to pick up or delivery of Hire Goods;
- Payment in full of all outstanding amounts by no later than 30 days prior to your event date or 30 days from the date listed on the Quote or Hire Information Form or as advised in writing by FFEA;
- Payment of costs of materials upon request;
- Payment of further deposit on any agreed variations or product/material changes to Goods;
- Payment of any cancelation or product change fees or penalties;
- Deposits are non-refundable;
- Hire Bonds are due prior to supply of goods.
- Refunds of deposits: FFEA hand makes all floral products and as such NO claims for compensation or refunds of any deposits held by FFEA will be given once work on the Goods or ordering of stock or materials for the Goods has begun. No refunds will be given after Purchased goods have been supplied or Hire Goods have been delivered or picked up for hire. (see clause 12 with regards to Hire Bonds).
- Damage to Goods: You agree that you are liable for any damage sustained by the Hire Goods during the Hire Period, and any damage subsequently discovered after the return of the Hire Goods, and will without limitation be liable for any costs incurred by FFEA in repairing or replacing the goods, loss of use or consequential loss resulting from the Hire Goods not being available for use by FFEA, and any other costs whatsoever incurred or suffered by FFEA as a result of the damage to the Goods. Quoted
- You also agree to be liable for any Hire Goods that are not returned at the end of the Hired Period. In the event that You do not return the Goods, You will be charged an additional daily fee, as per the daily fee stated in the Quote, for each day that the Hire Goods are not returned.
- Hire Bonds: All Bonds will be held by FFEA until the Hire Goods have been returned and inspected by FFEA. You agree and permit that any damage to Goods as identified in clause 11 of this Agreement, can be deducted by FFEA from the Hire Bond paid by You. This clause does not limit your liability to FFEA or any other third party for damages, loss or any other costs incurred over and above the Hire Bond amount.
- Designs: All personal designs, pictures or graphics of Goods that you would like made by FFEA must be provided prior to quotation. Any pictures sent after work is completed will not be acted upon. FFEA will endeavour to match pictures provided by You or designs previously done by FFEA; but note that the nature of the hand made Goods means that FFEA are unable to and do not warrant that the Goods made will match the picture or designs supplied.
- If You wish to make variations to the design, You must give notice and provide the variations to FFEA within a reasonable period prior to the commencement of the Hire Period or the date that the Goods are to be delivered. FFEA will make changes to the design as requested pending the availability of materials and time. Any additional costs incurred for variations will be borne by You.
- Variations to Goods and/or Hire Goods: FFEA will make minor changes to any Goods and/or Hire Goods pending availability of materials and time. FFEA will contact you if there are any variations that will result in a substantial change to the ordered design. Variations or changes will incur further costs in product and construction time which will be borne by You.
- Default Payment:
- FFEA have adopted the practice of charging interest on all amounts outstanding for more than 30 days. This will be calculated on any balance outstanding for more than 30 days from an Invoice being rendered, at a rate being 10% per annum (compounded daily) on the amount from the date it was due until paid in full.
- If an Invoice rendered remains unpaid, FFEA has the discretion to pass the Invoice to a Debt Collection Agency and/or a Legal Practice and You accept all debt recovery costs and commissions and legal costs incurred by FFEA in the collection of that debt.
- Warranties: Unless prevented by statue, all implied terms, condition and warranties are excluded. FFEA warrants that the Goods and/or Hire Goods will be free of defects at the time of posting or pick-up, but is not responsible for any use or misuse of the Goods and/or Hire Goods, maintenance or failure to maintain the Goods and/or Hire Goods, suitability, damage incurred during transit or posting or the installation thereof. Any remedies for breach of warranties or conditions of goods shall at the discretion of FFEA, be limited to the replacement of the Goods and Hire Goods and will not include any consequential loss or damage.
- Ownership: All Goods supplied remain the property of FFEA until paid for in full. By written consent, you may use or otherwise deal with the Goods in the normal course of your event or business, subject to your maintaining FFEA’s rights against the goods. In the event you fail to pay for the Goods or in the event of the appointment of a receiver, manager, liquidator, agent in possession or execution of warrant, FFEA is authorised to gain escorted entry to the premises where the Goods are stored or installed and recover them or appoint an agent in writing to do so and you acknowledge and guarantee such right of entry in the above circumstances to the fullest extent possible.
- Insurance: Any insurance or other forms of security are to be obtained by you.
- Security Interest: Unless agreed to in writing by FFEA, no interest under the Personal Properties Securities Act 2009 (Cth), caveat or other interest is permitted to be lodged against any Goods still the rightful property of FFEA. In the event that an interest is lodged against any Goods which rightfully belongs to FFEA and is in your control or ought reasonably be in your control, you are to immediately do all things necessary to have that interest removed at your own cost. Should You fail to remove the interest, You hereby grant FFEA the authority to act on your behalf in the removal of the interest and agree that any costs incurred are to be borne by You.
- Non-waiver: FFEA does not waive any of its rights in respect of these terms and conditions or the Goods and/or Hire Goods supplied and shall not be bound by any waiver, amendment or variation unless agreed to by a Director or authorised agent of the company in writing.
- Force Majeure: FFEA will not be responsible for any delay in or failure of performance of supply or delivery of Goods and/or Hire Goods caused by circumstance beyond its control, including but not limited to: Strikes, lock-outs, labour disturbances, acts of government, riot, civil unrest, fire, flood and failure of power. FFEA shall not be liable for any consequential loss, damage, expense or claim suffered by You or any other party as a result of any such event.
- Indemnity: You hereby indemnify and agree to keep indemnified FFEA and its officers, employees or agents, to the fullest extent permitted by law, in respect of any third party claims, actions, suits, demands, costs and expenses for damage, loss or injury to person or property arising directly or indirectly out of the hire or use of the Goods by You:
- any breach of this agreement by You; or
- any negligent act, error or omission in connection with the performance of this agreement by You, the company or its officers, employees or agents; and
- any damage caused in the normal course of the delivery, installation or removal of Goods and/or Hire Goods.
This indemnity survives the expiration or termination of this Agreement.
- Jurisdiction: This Agreement is governed by the laws of the State of Victoria, Australia, and any and all matters will be heard in the Courts of Melbourne.
- Miscellaneous: If any of the above Terms becomes void or unenforceable for any reason, then that part will be written down to an extent permissible in law or severed from these Terms to the intent that all other parts that do not become void or unenforceable will remain in full force and effect and be unaffected by any severance of other parts. Failure by FFEA to insist upon strict performance of any of these Terms, or to exercise in whole or in part any right that it may have under these Terms or at law, shall not be deemed to be a waiver of any rights that FFEA may have and shall not be deemed a waiver of any subsequent breach by You of any of these Terms.