Bloom Broker's Terms of Trade
- DEFINITIONS
1.1 “Bloom Brokers” shall mean Bloom Brokers Wholesale Limited, or any agents or employees thereof.
1.2 “Customer” shall mean the client, any person acting on behalf of and with the authority of the customer, or any person purchasing goods from Bloom Brokers.
1.3 “Goods” shall mean all goods and goods provided by Bloom Brokers to the customer including without limitation the local wholesale supply of all foodstuffs, and all charges for freight, labour and work, hire charges, insurance charges, or any fee or charge associated with the supply of goods by Bloom Brokers to the customer.
- ACCEPTANCE
2.1 Any instructions received by Bloom Brokers from the customer for the supply of goods shall constitute a binding contract and acceptance of the terms and conditions contained herein.
- COLLECTION AND USE OF INFORMATION
3.1 The customer authorises Bloom Brokers to collect, retain and use any information about the customer, either for the purpose of assessing the customer’s credit worthiness, enforcing any rights under this contract, or marketing any goods provided by Bloom Brokers to any other party.
3.2 The customer authorises Bloom Brokers to disclose any information obtained to any person for the purposes set out in clause 3.1.
3.3 Where the customer is a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.
- PPSA SECURITY INTEREST
4.1 The Customer grants to Bloom Brokers a Security Interest in the goods and their Proceeds to secure the obligation of the Customer to pay the purchase price of the goods and any other obligations of the Customer to Bloom Brokers under this contract (together “the Indebtedness”) and, where the goods and/or Proceeds are not readily identifiable and/or traceable or their recoverable value is insufficient to pay the indebtedness, the security interest shall also extend to all the Customers present and after acquired goods, supplies and packaging of which the goods form part, to the extent required to secure the Indebtedness.
- PAYMENT
5.1 Unless otherwise agreed, payment for goods shall be made in full within seven (7) days from the date of supply or the date of the invoice whichever is the earlier (“the due date”).
5.2 Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month.
5.3 Any expenses, disbursements and legal costs incurred by Bloom Brokers in the enforcement of any rights contained in this contract shall be paid by the customer, including any reasonable solicitor’s fees or debt collection agency fees.
5.3 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.
5.4 Deposits of 10% to 50% may be required.
5.5 Bloom Brokers reserves the right to cease deliveries if payments are overdue.
5.6 Bloom Brokers requires a valid credit card number to be submitted upon account application and reserves the right to charge any overdue monies to it if payment is not forthcoming.
5.7 Payments can be made by credit card (Mastercard, Visa) but will incur an additional 2% service fee in addition to the cost of the goods.
- QUOTATION
6.1 Where a quotation is given by Bloom Brokers for goods:
6.1.1 The quotation shall be valid (unless otherwise agreed) for thirty (30) days from the date of issue; and
6.1.2 The quotation shall be exclusive of Goods and Services Tax unless specifically stated to the contrary.
6.2 Where goods are required in addition to the quote or the quote is required to be varied the customer agrees to pay for the additional cost of such goods including the variations.
6.3 Deposits of 10% to 50% may be required.
- RISK
7.1 The goods remain at Bloom Brokers risk until delivery, but when title passes to the customer pursuant to clause 9.1 of this contract the goods are at the customer’s risk whether delivery has been made or not.
7.2 Delivery of goods shall be deemed complete when Bloom Brokers Traders gives possession of the goods to the customer, or possession of goods is given to a carrier, courier or other bailee for the purposes of transmission to the customer.
- AGENCY
8.1 The customer authorises Bloom Brokers to contract either as principal or agent for the provision of goods that is the matter of this contract.
8.2 Where Bloom Brokers enters into a contract of the type referred to in clause 8.1 it shall be read with and form part of this agreement and the customer agrees to pay any amounts due under that contract.
- TITLE
9.1 If the goods are ascertained to be in a deliverable state, title of the goods passes to the customer when the customer has made payment for all goods provided by Bloom Brokers.
9.2 Where the customer has not paid for any goods in its possession property in such goods shall remain with Bloom Brokers and:
9.2.1 The goods shall be held by the customer as bailee; and
9.2.2 Title of the goods shall remain with Bloom Brokers until the customer has made payment for the goods.
9.3 The customer gives irrevocable authority to Bloom Brokers to enter any premises occupied by the customer, at any reasonable time, to remove any goods not paid for in full by the customer. Bloom Brokers shall not be liable for costs, damages or expenses or any other losses incurred by the customer or any third party as a result of this action, nor liable in contract or in tort or otherwise in any way whatsoever.
- LIABILITY
10.1 The Consumer Guarantees Act 1993, the Commerce Act 1986, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Bloom Brokers which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Bloom Brokers, Bloom Brokers’ liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
10.2 Except as otherwise provided by clause 10.1 Bloom Brokers’ shall not be liable for:
10.2.1 Any loss or damage of any kind whatsoever including consequential loss whether suffered or incurred by the customer or another person and whether in contract, or tort, or otherwise and whether such loss or damage arises directly or indirectly from goods provided by Bloom Brokers to the customer; and
10.2.3 The customer shall indemnify Bloom Brokers against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Bloom Brokers or otherwise, brought by any person in connection with any matter, act, omission, or error by Bloom Brokers its agents or employees in connection with the goods.
- DISPUTES
11.1 No claim relating to goods will be considered unless made within twenty-four (24) hours of delivery. No comeback on 2nd grade products purchases. Photographic evidence must be supplied via email or text within 24 hours of delivery. We requested the right to ask for product to be returned.
- CONSUMER GUARANTEES ACT
12.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the customer acquires goods from Bloom Brokers for the purposes of a business in terms of section 2 and 43 of that Act.
- GENERAL LIEN
13.1 The customer agrees that Bloom Broker may exercise a general lien against any goods or any property belonging to the customer that is in the possession of Bloom Brokers for all sums outstanding under this contract and any other contract to which the customer and company are parties.
13.2 If the lien is not satisfied within 7 days of the due date Bloom Brokers may having given notice of the lien at its option either:
13.2.1 Remove such goods and store them in such a place and in such a manner as Bloom Brokers shall think fit and proper and at the risk and expense of the customer; or
13.2.2 Sell such goods or part thereof upon such terms as it shall think fit and apply the proceeds in or towards discharge of the lien and costs of sale without being liable to any person for damage caused.
- PERSONAL GUARANTEE OF COMPANY DIRECTORS OR TRUSTEES
14.1 If the customer is a company or trust, the director(s) or trustee(s) signing this contract, in consideration for Bloom Brokers agreeing to supply goods and grant credit to the customer, also sign this contract in their personal capacity and jointly and severally personally guarantee and undertake to Blom Brokers the payment of any and all other monies now or hereafter owed by the customer to Bloom Brokers. Any personal guarantee made by any party shall not exclude the customer in any way whatsoever from the liabilities and obligations contained in this contract. The guarantors and customer shall be jointly and severally liable under the terms and conditions of this contract.
- MISCELLANEOUS
15.1 The customer shall not assign all or any of its rights or obligations under this contract without the written consent of Bloom Brokers.
15.2 Bloom Brokers shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
15.3 Failure by Bloom Brokers to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations Bloom Broker has under this contract.
15.4 If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
15.5 All wedding/specialty orders are required at least three weeks in advance, priority will be given to customers who order from us on a regular basis. Orders cannot be cancelled within fourteen days of the nominated day of dispatch from Bloom Brokers. Colombian Roses and other imported product cannot be cancelled within 20 working days of the nominated day of dispatch from Bloom Brokers. In the case of a snap lockdown due to COVID-19; or a sudden alert level change due to COVID-19 that leads to an event cancellation, any product that has arrived to us; and/or is in transit to us; and/or is booked with importers - a charge for this product may be incurred.
15.6. All care will be undertaken by us to ensure your flowers leave our premises in perfect condition, but we cannot credit flowers damaged by third parties.