1.0 CONSTRUCTION OF CONTRACT
1.1 These conditions shall apply to all contracts entered into by 18th FLORISTRY & EVENT RENTALS COMPANY INC (hereinafter called “the Company”) for the supply of goods and/or services by the Company.
1.2 In these conditions the expressions “the Client” wherever used throughout these conditions shall mean the Client whose name and address appears on the proposal, ordered through the website or offered verbal acceptance of a proposal and/or the person/firm or company with whom the Company has contracted for the supply of goods and/or services by the Company
2.0 ACCEPTANCE OF THE CONTRACT
2.1 Contracts signed by the Client, ordered through the website or verbally accepted by the Company shall constitute a valid Contract.
2.2 Personal signatures can be made on behalf of a client. Any client name signed for on contract can be and will be held responsible in the event a formal signature was the actual client or not.
2.3 Any representations made by the Company’s agents, representatives or employees are binding only when confirmed by an order acknowledgement, and only to the extent of the contents within the acknowledgement.
2.4 The Client is not entitled to cancel the order once it has signed the Contract or issued a binding document such as a Purchase Order.
2.5 For Rental Contract Installations, the order exists for the duration as agreed and shown on the proposal or acknowledgment.
3.0 POSTPONEMENT AND CANCELLATION
3.1 For postponement, the following will apply:
If the Engagement needs to be rescheduled, the Company will hold payment for a future date up to One (1) year from the date of the initial engagement date.
3.2 For cancellation, the following will apply:
The Initial Payment guarantees the availability of the Company and is a Non-Refundable Payment but only to the extent of Fifty Percent (50%) of the Contract Price. Any amount in excess of the 50% of the Contract Price will be returned in full to the Client.
In case where no sum of money is paid, a cancellation fee equivalent to Fifty Percent (50%) of the Contract Price will be collected.
Discretion will be exercised on a case to case basis.
4.0 PROVISIONS ON FURNITURE & EQUIPMENT RENTALS / ITEMS ON LENT
The risk (but not the title) in the goods shall pass to the Client at the time the goods are installed on the Client’s premises or event venue, the title to the goods shall pass to the client when payment in full has been received by the Company (Purchase Plan Contract only). For rental Plan Contracts, the title (but not the risk whilst the goods are in site) in the goods shall remain with the Company at all times.
4.1 SECURITY DEPOSIT
Security Deposit may be requested at the discretion of the Company based on the size of the Order and will be returned via Cash or Manager’s Check within seven (7) days after rental property has been returned to the Company and all terms of the Rental Agreement has been met.
The Company reserves the right to retain the security deposit(s) in the event furniture/accessories are damaged, broken, stolen, punctured or otherwise is not returned in working condition as it was during receipt by the Client.
In the event the security deposit is waived, the Client remains responsible for any loss or damages in their totality.
4.2 INSPECTION
Client acknowledges receipt of item(s) described herein. Client agrees to inspect the property upon Delivery and agrees that same is in good condition. Property must be returned to the Company in clean, working condition.
4.3 DAMAGE & LOSS
The Company reserves the right to apply Client’s security deposit towards cleaning fees as necessary. Client agrees to pay the full cost for any damage to or loss of Company’s Property while in possession and control of same. Damage or loss consist of the following, but not limited to cigarette burns, deep scratches, permanent markers, pens, paint, any permanent damage and rips and tears. Client agrees to pay in full those items not returned within 24 hours from End of Event / Egress.
Replacement Value of all lost or damaged items is THIRTY TIMES (30x) THE RENTAL UNIT COST.
4.4 USE
Client shall use the Property in a careful manner and shall comply with all applicable laws relating to its possession, use or maintenance. Client shall not remove, alter, disfigure, or conceal, any numbering, lettering, or insignia displayed on the property, and shall see that the property is not subjected to careless or needlessly rough usage. Items shall not be tampered with or duplicated.
5.0 INSTALLATION / EVENT SETUP
5.1 Anytime for performance of all the Company’s obligations under the contract shall be reckoned from the date/time upon which the Company receives all necessary information and documentation to enable it to proceed with the installation / setup of goods without interruption.
5.2 Any installation time specified shall be extended by any period or periods during which the delivery or installation of the goods or other work by the Company in connection with the contract, is delayed due to weather conditions, fire, explosion, flood, storm, tempest, sabotage, strikes official and unofficial, riot, invasion, acts of war, civil communion, accidents, plant breakdown, technical difficulty, seizure, or other action by or in compliance with an order of an apparent competent authority and any other event or circumstances beyond the control of the Company.
5.3 The Company shall not, in any way, be under any liability to the Client for any failure to install by or on any specific date, brought about by those reasons mentioned in this Contract.
5.4 It is the sole responsibility of the Company to supply the goods as described on the Contract. If for any such reason any element cannot be met, the Company will inform the Client at the earliest possible time.
5.5 We will deliver, setup and pull-out your rental needs. Just to ensure that we will deliver quality of our items. We will be giving at least four (4) hours in between period. Case to case basis will still apply such as factors regarding venue time delivery constrictions, out of town logistics, or other client specification. Please do notify us as well if the time given may be conflicted with venue requirements or rental items would be used earlier for other schedules. (Such as photoshoot, styling requirements, etc.)
6.0 PAYMENT
6.1 The Contract price is to be paid as STATED ABOVE.
6.2 The Initial Payment guarantees the availability of 18TH Floristry & Event Rentals Company Inc and is a Non-Refundable Payment
6.3 Interest shall accrue on any amount that remains outstanding based on agreed payment terms at a rate equivalent to 12% per annum.
6.4 Payment can be made by Check, Cash, or Bank Transfers in favor of 18th FLORISTRY & EVENT RENTALS COMPANY INC.
7.0 THE COMPANY’S LIABILITY
The Company’s liability in respect of the Contract shall be limited to the Contract price for the particular goods and services to be supplied in respect of which the liability arises. In no circumstances what so ever the Company shall be liable for damages to the Client for any loss, consequential loss, loss of anticipated savings or profits or damage or loss of anticipated profits of any third party claiming against the Client
8.0 INTELLECTUAL PROPERTY RIGHTS AND SERVICES
9.0 CONFORME AND BREACH OF CONTRACT
The failure of either party to insist upon strict performance of any of the terms and conditions hereof shall not be deemed as a waiver of any rights or remedy that either party may have. In case of minor violations of the provisions of this contract by either party, earnest efforts shall be made to settle the dispute amicably. If after due notice to the party at fault, he falls to remedy a substantial breach committed, then the aggrieved party may enforce its rights under this contract;
The CLIENT hereby states that he has read the terms and conditions contained herein and has informed the persons authorized to sign for and in his behalf of the terms and conditions and that they have accepted and are amenable to all of them.
The CLIENT must sign on each page of this Agreement.
10.0 LAW & JURISDICTION
This Contract and all matters to be determined in accordance with this Contract shall be construed in accordance with the laws of the Republic of the Philippines and the parties hereto agree to submit to the non-exclusive jurisdiction of the Philippine Courts provided always that (in the event that the Client resides or carries on business in a jurisdiction other than Philippines) the Company shall be entitled to bring proceedings at its discretion against the Client in the courts of any such foreign jurisdiction.
