Event Orders Agreeement

ORDERS PAYMENT POLICY

Event Orders; Payments; Change Requests. All orders made by Client are subject to Florescer’s written acceptance, which acceptance shall be made in the form of Invoice hereto, and shall include the details of Client’s order, including, without limitation, (i) delivery dates and times, (ii) the Specifications, (iii) address of the Location; and (iv) any other information that shall be necessary for Florescer to perform the services contemplated hereunder. Upon Florescer’s acceptance of an order, the order shall become final and binding. Upon the execution of these Terms and Conditions by Client, Client shall pay Florescer a fifty percent (50%) deposit (“Deposit”) in advance of the Event Total Estimate as defined in Invoice, in the form of check, cash, wire transfer or credit card via (processing fee for Visa and MasterCard cards and American Express for all orders $1,000 or more); that portion of the Deposit which is equal to fifty percent (50%) of the Event Total Estimate shall be non-refundable in accordance with this Section 2. Client shall pay Florescer the remaining balance (the “Remaining Balance”) consisting of the Event Total Estimate less the Deposit fifteen (15) business days prior to the Event Installation Date. If payment of the Remaining Balance is not completed, in full, fifteen (15) business day prior to the Event, Florescer expressly reserves the right to withhold the services. For the avoidance of doubt, payments shall be deemed complete upon Florescer’s receipt of payment, or, in the event of payment by check, upon clearance of the check. Orders may not be cancelled without the prior written consent of Florescer. Notwithstanding the foregoing, the Specifications may be amended from time to time at the Client’s request (“Change Request”) subject Florescer’s express written consent; provided, however, that (a) Change Requests will not be considered for approval unless made at least one month prior to the date of the Event; (b) all Change Requests are subject to the availability of the Décor Elements requested and possibility with respect to timing, if applicable; and (c) all prices are subject to change and any increases in price must be paid in full at the time the Change Request is approved. Changes to other variables not included in the Specifications, such as the Event date, Location or delivery time, shall be permitted on a case by case basis at Florescer’s sole and exclusive discretion, subject to availability, permission not to be unreasonably withheld or delayed, provided that Florescer is given reasonable advance notice of such change. Florescer may, in its sole discretion, charge Client a surcharge for changes with respect to the Event date, Location and delivery time. Client shall be invoiced separately for any additional fees in connection with a Change Request. Client understands that the Services provided by Florescer are unique, and that Florescer may make arrangements with its employees, vendors and third parties, and may incur upfront expenses in advance of the Event in reliance upon Client’s order (“Event Preparations”). Event Preparations may cause Florescer from time to time to turn down orders placed by third parties in order to fulfill its obligations with respect to Client. Accordingly, should Client seek to cancel its order or terminate these Terms and Conditions, Florescer will suffer damages, the extent of which cannot accurately be measured in advance of such occurrence. Client expressly agrees that in addition to any actual damages suffered by Florescer for which Client may be liable, if Client cancels its order or terminates these Terms and Conditions, for any or no reason, then: (i) one hundred percent (100%) of the Event Total Estimate (adjusted for approved Change Requests) shall be due and payable to Florescer regardless of the cancellation and any portion thereof previously paid by Client shall be deemed non-refundable, if such cancellation or termination occurs within one (1) month or less of the Event; or (ii) fifty percent (50%) of the Event Total Estimate (adjusted for approved Change Requests) shall be deemed non-refundable, if such cancellation or termination occurs more than one (1) month but less than two (2) months prior to the Event; or (iii) fifty percent (50%) of the Event Total Estimate (adjusted for approved Change Requests) shall be deemed non-refundable, if such cancellation or termination occurs any time after the payment of the Deposit, but more than two (2) months prior to the Event. New Paragraph
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