Terms & Conditions
Terms & Conditions and General Trading Information
These terms and conditions apply to all orders. Receipt of acknowledgement of order by you, constitutes your acceptance that our conditions are the only conditions that apply to the contract notwithstanding any purported terms put forward by you. Prior to placing an order, Flourish will provide a quotation for the supply of your requested goods. Your company PO or company email accepting this quotation is required before an order will progress.
Where applicable all prices quoted are subject to the taxes of the country we quoted in at the current rates of exchange with the country of origin.
- All goods will be supplied against a proforma otherwise agreed. All deliveries may be suspended or held should these terms not be met at any time.
- Any costs and expenses incurred by Flourish directly, indirectly, incidentally or otherwise in the collection of overdue accounts will be payable by the customer. In the event of non payment Flourish reserves the right to advise the end user of non payment.
- No goods will be delivered on accounts which have unpaid amounts more than 14 days after payment date. This does not prevent us from pursuing payment of overdue accounts at any time that payments become due and shall be in addition to and without prejudice to any other rights we may have against you.
- We reserve the right to charge you for any legal or collection charges where it is necessary to obtain payment from you of an overdue account through a third party or court proceedings.
PASSING OF TITLE AND RISK
- All goods, delivered or not, remain our property until payment is received in full.
- Until such time as payment in full is made you shall retain such goods separately from other goods and clearly mark them in such a way that they can be readily identified as being our property and payment received by you for any sale of such goods must be held in a separate account in trust for us. In the event of non payment by you for goods we will, without loss of any right or remedy, remove from your possession those goods belonging to us in accordance with our terms and conditions and we shall be entitled to enter upon the property where the goods are stored and repossess and remove the same. You hereby grant us irrevocable license to enter your premises for the said purpose.
- The Risk in the goods shall pass to you on delivery.
A charge will be made on all cancelled orders, together with the charge for all work carried out to the date of written cancellation.
- Every effort will be made to deliver on time, but any delivery day specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods. All deliveries will be charged at the prevailing rates applying at the date of such delivery.
- Special rush deliveries can usually be arranged but will usually be subject to additional charges (eg rush print charges and rush delivery charges), which will be charged to you at current commercial rates.
Goods manufactured to your specification and supplied to this specification cannot be returned for credit. Production proofs or pre-production samples will be supplied for sign off and approval before production commences.
Goods manufactured overseas (Indent orders) require a 50% deposit with order, with the balance due on delivery.
Indent orders cancelled after 72 hours from receipt of order or deposit, will incur a fee of at least the deposit.
Changes to indent orders must be in writing and advised as an “Amended Order”. Costs may be applicable.
Indent prices are subject to fluctuations in exchange rates and freight costs, and can be revised at any time. Flourish will notify you if any revision affects their order.
We shall be deemed to have fulfilled our contract by delivery of a quantity within 5% plus or minus of the quality of the printed goods ordered and you will be charged at the contract rate for the quantity delivered.
- Claims arising from damages, delay or partial loss in transit must be made in writing to us, so as to reach us within 3 days.
- All claims with regard to the quality and quantity of the goods shall be made in writing to us so as to reach us within 3 days of receipt of goods or such goods shall be deemed to comply as to the quality and quantity with the terms of the contract.
- You must examine all goods delivered at the time of delivery. We shall not be liable for any loss arising from damage caused to the goods in transit unless loss or damage is noted on the delivery note at the time of delivery.
- Save in so far as defects in the goods cause death, injury or damage to personal property our liability for any loss or damage suffered by you in respect of the goods shall be limited to the contract value of the goods.
- We can accept no responsibility for loss or damage arising from the supply of goods under this contract unless you have fully complied with notification of the claims procedure set out above.
- Nothing in these terms and conditions shall affect the right of a consumer.
- All artwork and print charges will be included in our quotes for you unless previously stipulated by us
- By providing the artwork (in formats stipulated in our quotes) you acknowledge that you have the rights to the use of this logo design and authority to approve its reproduction as instructed. Please note that in some cases, additional releases may be required from the owner of a design
- Artwork proofs will be supplied, artwork that has been approved in writing, either electronically via email or signed and faxed or posted, is deemed full and final responsibility of the client and we cannot be held responsible for any errors in artwork there in.
- Every effort is made to match colours against the signed off proof. We accept no responsibility where colour match may differ due to a manufacturing process.
- Acceptance of this artwork hereby fully indemnifies and releases Flourish against any loss, damage or expense resulting from any infringement of patents, trademarks & design rights.
We will not be held responsible for failure or delay in the carrying out of our obligations under the contract arising out of any cause outside our reasonable control or by inability to procure materials or articles except at higher prices due to such cause and in such circumstances we shall be entitled by notice to terminate the contract in whole or part without incurring any liability whatsoever to you.
PLEASE NOTE: The products shown in our catalogue or on our website have not necessarily been supplied to or endorsed by the companies whose logos have been used. The use of these visuals is a guide for position and printing effect only.