Terms & conditions

TERMS & CONDITIONS

The Purchaser agrees to purchase and Flowers Fabrications (hereinafter “FLO FAB”) agrees to sell the Goods and/or Services described on the reverse or any document transmitted to the Purchaser herewith, subject to the following terms and conditions. These terms and conditions constitute the entire agreement between the parties and there are no understandings, representations, or warranties of any kind, expressed or implied, not specifically set forth herein. The Purchaser agrees these terms and conditions shall control as to any order accepted by FLO FAB, notwithstanding any terms and conditions that may be contained in any purchase order or other document of the Purchaser, and FLO FAB's acceptance of any order is expressly made conditional on Purchaser’s assent to such terms and conditions. Such terms and conditions will not be changed, modified, superseded, or otherwise altered except by written documentation signed by an authorized representative of FLO FAB.

FLO FAB shall not be liable for missed delivery and/or inability to perform due to unforeseen circumstances or conditions, including governmental regulations, labor stoppage, casualties, fire, and other causes beyond our control. Goods are shipped at Purchaser’s risk and FLO FAB’s obligation to deliver goods is discharged upon their delivery in good condition to the carrier. Shipments are designated FOB origin or FLO FAB’s warehouse. FLO FAB will prepay and bill freight on UPS shipments. Common carrier and expedited air shipments are sent collect unless specified otherwise. Federal, state, and local taxes and assessments, duties, and other charges (except for related sales tax) are the responsibility of the Purchaser.

All sales shall be prepaid. If payment terms are extended, payment shall be net 30 days from the date of invoice, unless otherwise specified. All payments are applied to the oldest outstanding invoice. Any unpaid balance after 30 days will be subject to a 1% service charge per month. In the event of collection, all collection costs, including but not limited to storage, advertising, accounting, and all costs incurred through outside collection services are to be paid by the Purchaser.

It is agreed and understood by FLO FAB and Purchaser that in the event Purchaser fails to make payment of the Goods per the terms and conditions herein, all rights to the title and interest in the Goods shall revert to FLO FAB, including without limitation all rights to manufacturers warranties if any, and FLO FAB shall have the right to repossess the Goods.

DAMAGES

Claims for shortage or damage must be made within three business days. Products are carefully packed and delivered in good condition to the carrier. All claims for loss or damage in transit must be made by the consignee directly to the carrier. FLO FAB will assist you in any manner possible in the presentation and enforcement of such claims without waiver of our rights to comply with the terms of payment of our invoice.

RETURNS

FLO FAB will accept returned goods only when prior authorization for such return has been obtained. Returns for credit must be per RMA procedures as established by FLO FAB. Restocking charges of 15% plus any handling or replacement costs will be deducted.

FLO FAB, not being the manufacturer of the goods or any part, makes no representations or warranty, either express or implied, as to any matter whatsoever, including. Without limitation, the design or condition of the goods, its merchantability, durability, suitability, or its fitness for any particular purpose, the quality of the material, or workmanship of the goods, or the conformity of the goods to the provisions and specifications of any purchase order relating thereto, and FLO FAB hereby disclaims any such representation or warranty (which disclaimer purchaser hereby acknowledges) without limiting the generality of the foregoing. FLO FAB shall not be liable or responsible for any defects, either patent or latent (whether or not discoverable by the purchaser) in the goods or for any direct or indirect damage to persons or property resulting therefrom, or from the purchaser’s loss of use of the goods or for any interruption in purchaser’s businesses caused by purchaser’s inability to use the goods for any reason whatsoever. Notwithstanding the foregoing, FLO FAB agrees to assist the Purchaser in the event the Goods are deemed to be defective, including, at FLO FAB's sole discretion, repairing or replacing the materials and/or workmanship during the relevant warranty period, providing that, this clause shall in no way be deemed to be an admission or acceptance of liability by FLO FAB concerning the design or condition of the Goods.

Any dispute, claim, question, or disagreement arising from or relating to the use of Flowersfabrications.com or any of its products and services shall be finally settled by arbitration administered by the American Arbitration Association per the provisions of its Commercial Arbitration Rules.  The binding arbitration regarding any dispute, claim, or controversy arising out of or relating to the use of the flowersfabrications.com website or any of its products or services shall place in New York, New York, USA.

TYPOGRAPHICAL ERRORS

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, FLO FAB shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. FLO FAB shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, FLO FAB shall immediately issue a credit to your credit card account in the amount of the charge.

INTERNATIONAL PRODUCTS

In meeting your specific product needs, FLO FAB may provide products for purchase that are located outside of the United States. Such products are subject to the export regulations of the country of origin as well as the United States import regulations.  When shipping products from outside the United States to you, FLO FAB employs the use of freight forwarders who are responsible for compliance with any import or export custom requirements for departure from the country of origin into the United States.  Any applicable shipping taxes, including customs taxes, will be included in the purchase price of any item on flowersfabrications.com.