69 Main Street, Fulford, York, YO10 4PN. Telephone 01904 631791 email:info@fulfordflowers.com

Fulford Flowers Terms & Conditions

Entire Agreement

If you require a complete delivery of your orders, please enter an X in the Complete Delivery field on the delivery screen of the customer master record. The indicator is copied into the order header, which you can also use for the purpose.

Controlling Terms

Buyer expressly agrees that Fulford Flowers Invoice and these Terms and Conditions of Sale represent the complete agreement of the parties with respect to the sale of the product(s) listed on the Invoice and no different or additional terms or conditions in Buyer’s purchase order or in any other prior or subsequent communications in any way adding to, modifying or otherwise changing these Terms and Conditions of Sale shall be binding upon Seller.

Acceptance Of Orders

Fulford Flowers may accept buyer’s offer to purchase and shall be bound to supply the applicable Goods in accordance with these terms and conditions either by execution of the acknowledgment copy of the order, or acceptable electronic transmission, delivery of the Goods to CAI or by any other statement, act or course of conduct which constitutes acceptance under applicable law.

Prices

Unless otherwise indicated on the face of the invoice, all prices are quoted on a per pound basis. Buyer is responsible for any tax or government charges imposed upon the sale or transfer of the Product. Buyer shall not have any right to set off any amounts due hereunder against any amounts which may become payable to Seller under any other agreement.

Delivery

Unless otherwise agrees in writing signed by officer of Seller, all delivery dates are estimates Seller shall use its reasonable efforts to deliver all Product within the time specified; however, in no case shall Seller be liable for any expense, loss or damage whatsoever suffered by Buyer as a result of the Seller’s failure to deliver Product by the specified date or time.

Transportation And Risk Of Loss

The method and route of delivery are at Fulford Flowers discretion unless Buyer timely supplies explicit instructions otherwise. Title to the Product passes to Buyer when Product is delivered to the buyer or delivery address, even if Seller made a nonconforming tender. Buyer attempts to revoke acceptance of the Product, or Buyer repudiates this document after the Products have been identified hereto.

Cancellation Or Modification

Any order placed with and accepted by Fulford Flowers may be cancelled by Buyer only upon Seller’s approval in a writing signed by an officer of Seller and upon terms that indemnify Seller against any loss. Fulford Flowers will not accept order cancellations once a product has been delivered, without charging a cancellation fee of twenty-five percent (25%) of order value plus transport costs to recover retrieval costs incurred. Fulford Flowers will not accept cancellations of special orders of non-standard, non-price list products. Fulford Flowers may cancel all or any part of this order and discontinue its performance hereunder without liability to Buyer in the event Buyer materially breaches this contract, becomes insolvent, is the subject to bankruptcy protection, or is the subject of a receivership, liquidation, dissolution or similar proceeding.

Taxes & Delivery

Our online prices are inclusive of VAT. Applicable delivery costs will be added to the invoice or order.

Warranty And Disclaimer

Fulford Flowers warrants that the purchased Product is free from defects in materials and workmanship at the time of delivery. If an analysis is stated on the face of the Invoice, it is not intended to be a complete analysis and is not to be regarded as a specification or warranty, unless specifically stated in writing to be such.

Limitation Of Liability

The Buyer acknowledges and agrees that Fulford Flowers liability for any claims with respect to the products shall not exceed the amount paid by buyer for the products under the invoice. Such limitations on Fulford Flowers liability here under shall apply even if Fulford Flowers liability is due in whole or in part to its own negligence. There may be times due to unavailability of certain flowers or seasonal limitation that we supply alternatives to the floral arrangements, containers vases, plant pots, baskets or the complete product shown. Any substitute supplied will always be as near to the original as possible and of equal value.

Return Of Material

Upon delivery of Product, Buyer shall have one (1) days to inspect Product and notify Fulford Flowers, in writing or email, of any defective goods or other cause for rejection. Buyer agrees that a one (1) day period provides Buyer a reasonable opportunity to inspect the Product. Such notification shall identify each and every reason for any rejection of Product. Buyer’s failure to reject Product within such one (1) day period shall constitute a waiver of Buyer’s inspection right and an unqualified and irrevocable acceptance of the Product by Buyer.

Indemnity

Buyer shall defend, indemnify and hold harmless Fulford Flowers and its affiliated or related companies from and against any and all claims, losses, liability, damages and expenses including, but not limited to, legal fees and cost of defence arising from, related to or in any way connected with or alleged to arise from or out of any asserted deficiencies or defects in Product caused by any alteration or modification thereof by Buyer with or without Seller’s consent, or improper handling or storage by Buyer, the breach of any term or condition stated herein, Buyer’s failure to label Product or Buyer’s improper labeling of Product regardless of whether the labeling was done with or without the advice of Seller, or any act or omission of Buyer including any Claims for or resulting from any injury to person (including death) or damage to property or for economic loss, several or comparative negligence, breach of agreement, breach of warranty or other breach of duty of or by Indemnitee or as a result of Indemnitee’s strict or other product liability. The foregoing indemnification shall not be construed to eliminate or in any way reduce any other indemnification or right which Indemnitee has by law.

Payment

Invoices: Net cash thirty (30) days from the date of Invoice. Amounts not paid within thirty (30) days are overdue and shall accrue interest at a rate of one and one-half percent (1-1/2%) per month or the highest allowed by law, whichever is less. Buyer shall reimburse Fulford Flowers for any costs incurred in collecting past due sums or any other amounts owed by Buyer for any reason whatsoever, including, but not limited to, court costs and legal fees.

Governing Law And Arbitration

This document shall be interpreted and governed by the law of the United Kingdom, excluding its conflicts of laws on the Sale of Goods.