Rachel Scott Floral Design - Floral Design West Midlands

Terms & Conditions

This agreement will start from the date identified overleaf and is between Rachel Scott Floral Designs hereafter referred to as RSFD and the customer as specified. The agreement will continue without interruption for the agreed ‘initial period’ (usually 12 months). After this period, the agreement will continue year by year unless terminated in line with these terms and conditions, (please see relevant sections entitled ‘Termination / Escalation’).

Escalation

The charge will be adjusted annually in line with inflation. After the initial period has expired, the increase in charge will not usually be less than the Retail Price Index, which relates to the prior review period. The customer will be appraised, in writing, of the reviewed charge. They will then be provided with a 14 day period during which they can consider and cancel their agreement. If, after expiry of the 14 days, we have heard nothing, we shall assume the customer wishes to continue with their existing agreement. Arrangements will therefore be made which will make the agreement binding on both parties for a further 12 months. If, during the 14 day period customer indicates in writing that they wish to discontinue the agreement they must give 3 months notice. After this notice period has expired the existing agreement will lapse and no fees will be payable.

Termination

The customer and Rachel Scott Floral Designs will each have the right, on commencement of liquidation of their respective companies, to terminate this agreement without due notice being given.

Any breaches of the key conditions contained within agreement (by either party) will result in the ‘offending’ party being contacted in writing and alerted to the breach. If after 14 days of being alerted to the breach the offending party fails to rectify the breach then the other party may terminate this agreement without due notice and any monies owing will immediately be due.

Termination within the initial period which is not covered by the above will result in an early termination fee being charged. Termination at the end of the initial period will be subject to 3 months notice in writing prior to the initial period being completed.

Title

In cases where a customer purchases an item or display from us, legal title will not pass to the customer until we have received full payment received by us. Until full payment is received, any goods will remain the property of R.S.F.D. and we reserve the right to enter into customer’s premises in order to remove the said items. This right shall be without prejudice to any other legal rights to remedies available to the company. In respect of rental arrangements legal title will always remain with RSFD.

Delayed Installation

If we are thwarted from completing the installation of a display by the customer or any third party contracted to the customer, we reserve the right to charge the customer for non productive time at our usual hourly rates, plus VAT.

Maintenance Visits

We agree to make regular maintenance visits to our customer’s premises in order to maintain displays, which are subject to a rental contract. During these visits, plants will be fed, watered, cleaned and replaced where necessary in order to maintain the displays high visible standard.

The customer agrees to ensure that the temperature and lighting levels agreed at the time of installation are maintained. It is important that all plants have at least 6 hours of darkness during any one 24 hour period and that tropical plants are not subjected to temperatures of less than 14 degrees centigrade. Plants and displays which need to be replaced prematurely as a result of wilful damage or neglect will be invoiced separately.

Payment Terms

Outright Sale: Accounts due within 30 days after invoice is received.

Rental of Displays: The first payment will be due for the period one month from the day of installation. Second and subsequent payments will cover a full calendar month and will be due at the end of every month. We would ask that you make payment via standing order with your bank.

Short Term / One off Rental: Full payment will be required in advance of the rental commencing.

Outstanding Debt: Overdue accounts will be subject to the levy of an interest charge 5% above the current National Westminster Bank plc base rate ruling during the period the account is overdue.

Health and Safety

The customer and RSFD will ensure that their respective responsibilities are discharged in conjunction with relevant statutory Health and Safety regulations. It is particularly important that customers comply with health and safety requirements in respect of seasonal displays. Christmas Tree lighting remains the sole responsibility of the customer.

Insurance

The customer will ensure that any plant or display which they rent from us is covered by their own insurance and that reasonable steps are taken to avoid theft, damage or vandalism to plants and / or displays whilst they are on hire.

Ownership

All plants and displays will remain the property of RSFD whilst subject to a rental agreement. In the event of termination of the agreement, RSFD retains the right to retrieve property from the customer’s premises.