Application of Conditions:
Exclusive Fireworks (herein after called the 'seller) supplies goods and services only subject to these conditions and any person or persons seeking to be supplied by the seller (hereinafter called the 'buyer) accepts that these conditions will govern all relations to the exclusion of any terms agreed in writing between seller and buyer.
'Price List' means the sellers price list of which these conditions form part and which is periodically revised.
'Contract' means the contract constituted by acceptance of the buyer's order by the seller.
'Order' means the buyers order as placed with the seller in accordance with these conditions.
'Invoice' means the sellers invoice which shall be deemed to incorporate the sellers conditions here set out.
'Delivery' means the point at which the goods leave the control of the seller, including collection by the buyer.
Limitation of Sellers Liability:
Except as provided in these conditions or otherwise agreed by the seller in writing and except where death or personal injury has been caused by the sellers negligence, no warranty, conditions, representation, undertaking or obligation, expressed or implied, imposed by statute, common law, custom, course of dealing or otherwise on the part of the seller shall apply in respect of the goods.
Where the goods, or any part thereof, are supplied, designed or manufactured other than by the seller, the sellers’ obligations to the buyer shall not exceed those owed to the seller by the relevant supplier, manufacturer or designer.
Delivery and Carriage:
We require in most cases collection to be made from our premises at the buyers expense and liability. We may be able to arrange delivery by carrier, or otherwise, of certain shipments for which a charge will be made.
Notification of Damage, Loss in Transit or Shortfalls:
We require notice of damage, loss in transit or shortfalls as soon as practicable, and in any case within 3 days of delivery or collection.
BRITISH STANDARD BS 7114, Part 2; 1988
Unless the buyer is a bone fide professional firework operator as ordinarily unless otherwise agreed in writing, goods will only be supplied that conform to the above standard.
Use of Category 4 Fireworks:
Category 4 fireworks, whether they be outside the scope of BS 7114:2 by reason of type, calibre or insufficient labelling, fusing etc. are supplied on the understanding that the buyer is competent in their use. No liability will extend to the seller by their use or misuse. Category 4 fireworks must not be sold through retail premises to the general public.
Modification of Cat 4 items to comply with BS 7114; 2; 88 must be carried out on premises licensed by HSE for that purpose.
The buyer must ensure that he has adequate and relevant insurance cover for the materials in his possession The buyer must confirm to the seller in writing that he holds adequate Public and Product liability insurance to cover any losses arising out of the holding, use or firing of the materials whether by the buyer themselves or on his behalf or in respect of others to whom he may pass the materials.
Storage of Explosives:
The buyer must have adequate legal storage for the goods bought. The responsibility for compliance with explosive limits imposed on the buyer by the terms of the buyers licence rests solely with the buyer. Copies of storage certificates must be supplied to the seller prior to goods first being supplied and on their renewal on the purchase of any fireworks totalling over 12.5kg net explosive content (NEC).
Manufacture (as ordinarily understood) may only be carried out on premises licensed by HSE for that purpose. A dispensation does exist that permits 'on-site' construction and fusing up at firework displays which would otherwise be covered by an explosive factory licence.
Unless agreed in writing the price charged is that as listed in the sellers price list running at the time of the goods being dispatched less any quantity or settlement discount advised to the buyer in writing. The seller reserves the right, without giving notice to the buyer, to increase the price of goods to reflect any increase in cost to the seller which is due to any factor beyond the control of the seller such as without limitation any foreign exchange fluctuation, significant increases in the cost of labour materials or other costs of manufacture. All quoted prices include UK VAT at the appropriate rate
The seller will make suitable substitutions of items at our discretion unless indicated otherwise by the buyer. Prices will be charged for actual items supplied.
Without prejudice to any other rights, the seller reserves the right to suspend and/or cancel further deliveries of goods under any contract with the buyer without notice if the buyer fails to settle his account on the due date.
Risk and Retention of Title:
The goods shall be at the buyers' risk subsequent to delivery and such risk includes the risk of loss or damage or deterioration to the goods or any part thereof.
Unless otherwise noted in writing by the seller to the buyer, until the price is paid in full together with any interest and any sums due from the buyer the goods shall be and shall remain the sole and absolute property of the seller.
If before such payment in full the goods are sold or otherwise disposed of to a third party the seller shall be entitled to all monies and rights which (but for these provisions) would otherwise be due to the buyer arising from such sale or disposition.
You have the right to cancel your order within seven working days of delivery (starting the day after you receive the goods) and return them for a full refund. This will apply to your order unless you order goods made to your own specification. Should you cancel the contract we will then refund you the price you have paid for the goods (excluding carriage charges). It is your responsibility to give notice of your wish to cancel within this cancellation period by email, fax or letter. You are under a duty to take reasonable care of the goods. The goods must be returned in saleable condition at your expense. Exclusive Fireworks will arrange collection of the goods using their preferred carrier. Should you order, details of this right will be sent to you with your confirmatory e-mail.
The seller reserves the right to make changes in the specification of the goods which are required to conform with any applicable safety or other statutory requirements or where the goods are to be supplied to the sellers’ specification which do not materially affect their quality or performance.
Insolvency of Buyer:
If this condition applies then without prejudice to any other rights or remedy available to the seller, the seller shall be entitled to cancel the contract and suspend any further deliveries under the contract without any liability to the buyer and if the goods have been delivered but not paid for the price shall become immediately due and payable not withstanding any previous agreement or arrangement to the contrary.
The seller shall be relieved of its obligations wherever and to the extent to which fulfilment is prevented, frustrated or impeded as a consequence of any cause outside the reasonable control of the seller including (but not limited to) Acts of God, fire, floods, war or civil disturbance or riot, Acts of Government, currency restriction or fluctuation, labour disputes, strikes, unavailability of materials or failure of supplier or subcontractor to deliver on time.
The invalidity of the whole or any part of these conditions shall not affect the validity of the remaining part of the particular 'Condition' or these 'Conditions'.
These conditions and contract of which they form shall be construed in accordance with English law and the buyer hereby submits to jurisdiction of the English Court.