BRIGHTSKY FIREWORKS Ltd – TERMS & CONDITIONS OF SALE
1.1 These terms and conditions shall apply to the sale of all fireworks & other associated products & services by us to you. No variation whatsoever of these terms & conditions of sale shall be binding unless agreed in writing by a director of ‘Brightsky Fireworks Ltd.’
1.2 ‘The Company’ means ‘Brightsky Fireworks Ltd.’
1.3 ‘The goods’ means any products or services which are offered for sale by the company.
- ‘The customer’ means the person, company, or organization who
contracts to purchase goods or services from ‘the company’. ‘We / our / us’ refers to Brightsky Fireworks
Ltd. ‘You/your’ refers to the
individual(s) and/or company/organization entering into an agreement to
purchase products from ‘Brightsky Fireworks Ltd’.
- These terms & conditions override any different conditions which may appear on your documents or other documents issued by you.
2.1 Any order placed shall be accepted by us only when confirmed by us in writing, which is also made on the condition that all these terms & conditions of sale are incorporated into the agreement.
2.2 You are responsible for ensuring that your order is complete and accurate.
2.3 We reserve the right to change the specification of the fireworks we supply, necessary to comply with any applicable legislation, and change the specification of the fireworks provided that this does not materially effect their quality of performance.
2.4 Orders, once accepted and confirmed by us, may not be subsequently cancelled unless we agree and on terms that you indemnify us in full against all losses (including loss of profit), costs, damages, charges and other expenses incurred by us as a result of the cancellation.
- PRICE & PAYMENT:
3.1 The price of the fireworks shall be those listed in our price list which is current, and subsequently confirmed at the date of acceptance of your order. All prices quoted are exclusive of VAT. Where any discounts are offered from our trade prices, these are made at our discretion and will be revoked in the event of any delay in payment.
3.2 Where we have offered credit account facilities, goods ordered and delivered by us from 1st September to 5th November in any year, must be paid for, together with VAT, and any other payment due to us in respect of that order, without deduction, by 12th November at the latest in that year. Where goods are delivered by us at any other time of the year, payment in full is due within 30 days of the date of delivery. Paying on time is a condition of the agreement.
3.3 If you fail to make payment in full by the due date, without prejudice to any other right or remedy available to us, then any discount given from our trade price in respect of your order will be revoked and you must pay all monies due to us without any discount.
3.4 We reserve the right to charge interest on the unpaid amount plus any revoked discount from 30 days after the payment has become due, at a rate of 8% plus the then current Bank of England base rate, until such time as payment in full is received, including before and after any judgment that we may obtain against you.
3.5 If you become subject to insolvency proceedings, or we reasonably decide that you may become unable to pay your debts as they fall due for payment, the price of the fireworks will become due for immediate payment.
3.6 ‘Brightsky Fireworks Ltd’ do not offer ‘sale or return’ on any of our products.
3.7 In respect of an order being placed by a limited company or PLC, then the director(s) of that company undertake to personally guarantee any monetary liabilities arising from the purchases made from ‘Brightsky Fireworks Ltd’.
4.1 Our quoted prices do not include delivery. However orders with a VAT exclusive value of £1500.00 and over, and nett/nett of any discounts applicable will be delivered carriage paid.
4.2 Any dates quoted by us for delivery of the fireworks are approximate only. Whilst we will make every effort to deliver goods on the date requested we cannot guarantee this.
4.3 Where fireworks are to be, or need to be delivered in more than one delivery, each one shall be treated individually, and if we fail to deliver one or more instalments this will not affect the balance of the agreement between us.
4.4 Quantities of goods delivered MUST be checked and signed for against the delivery note for that consignment upon delivery of the said goods . No claims will be allowed for any alleged discrepancy or damages at a later date.
- RISK & PROPERTY:
5.1 Risk of damage to or loss of the fireworks shall pass to you upon delivery to you. It is your responsibility to ensure that you are insured adequately against any damage to or loss of the fireworks.
5.2 Property in the goods supplied by us shall not pass to you until we have received payment in full in cleared funds of the price of the goods and any other sums which may be due from you.
5.3 Until such time as the property in the goods supplied has passed to you, you must keep the fireworks separately from any other property, and properly stored, protected and insured, and also identified clearly as belonging to us.
5.4 Until such time as the property in the goods supplied has passed to you, we may take the goods back from you. You will allow us access to your premises, or arrange access for us to other premises where the goods may be stored to allow us to do this.
5.5 We reserve the right to take proceedings against you to recover the price of the goods supplied even if ownership has not passed to you.
- OUR UNDERTAKING:
6.1 Subject to all of our terms, we undertake that as at the date of delivery of the fireworks and any other products supplied by us, that they will correspond to their published specification in our brochure (including that they comply with the current legislation then in force) and are of satisfactory quality. If you are purchasing the fireworks in the course of a business aside from our undertakings in this term, all other warranties, conditions, or other terms implied by law are excluded to the fullest extent permitted by law.
6.2 Our undertakings in terms are subject to the following
- 1. The fireworks must be kept and stored in conditions which comply with current government regulations for the sale and storage of fireworks. If you do not keep and store the fireworks in the required conditions we cannot be held responsible for faults or problems that arise as a result.
- We cannot be held responsible for faults in the fireworks which
arise from fair wear and tear, wilful damage to or mis-use of, the fireworks,
or adjustments or modifications to the fireworks made by you.
- Claim by you in respect of any defects in the fireworks must be notified to us by you within 7 days of the delivery date, where the defects are obvious upon inspection, or within a reasonable time, where defects are not obvious upon inspection. Any faulty fireworks returned to you should be retained by you and returned to us for inspection. We will not credit or replace fireworks without this evidence.
- You will deem to have accepted the fireworks if you do not notify us of any defects in accordance with this term and once accepted you cannot reject the fireworks.
- Where a valid claim is made in respect of any shortage and/or defects in the fireworks in accordance with these terms & conditions and we are liable for the claim, we can, at our option make up the shortage or replace the fireworks, or a proportionate price of the fireworks, or issue a credit note, but we shall have no other liability to you.
- YOUR UNDERTAKING & INDEMNITY
7.1 You undertake to comply at all times with these terms & conditions and in addition undertake as follows;
- That you will handle the fireworks entirely in accordance with
applicable health & safety requirements and any other legal requirements
relating to the handling, storage and sale of fireworks.
- That you will handle the fireworks in accordance with their handling instructions.
- That you are 18 years of age or over and that you will only sell on the fireworks to persons who are 18 years of age or over and who otherwise comply with the legal requirements relating to the sale and storage of fireworks.
- You agree to indemnify us against all liabilities incurred by us as a result of you breaching any of the limitation claims by third parties and the costs incurred or brought against us together with any legal or other costs incurred when enforcing your indemnity.
- LIMITATION OF LIABILITY:
8.1 The limit of our liability to you is the make up to you of any shortfall, replacement, refund of the price of the fireworks to you, or issue of a credit note as provided for in our terms. We are not responsible to you to any greater extent and in particular we are not liable to you for any indirect or consequential loss (including without limitation financial loss such as loss of profit, or otherwise) which you may incur for whatever reason, as a consequence of our failure to comply with these terms & conditions. This term does not operate to exclude or limit our liability in respect of personal injury caused by us failing to comply with these terms & conditions as a result of circumstances outside our imposed control. These circumstances would include, but not be limited to restrictions imposed by any government, or any parliamentary or local authority, accidents, natural disasters, shortages of material or labour, or abnormal weather conditions.
- REGISTRATION & STORAGE
9.1 You acknowledge that to hold fireworks for retail or wholesale purposes you must register your name and premises with your local authority, and that it is your responsibility to obtain and maintain the requisite, and applicable registration to the amount of fireworks you wish to store.
9.2 You acknowledge that are prescribed government requirements which apply to the storage of different types of fireworks and safety precautions which must be adhered to.
9.3 Once you are in possession of the fireworks it is your responsibility to comply with these requirements.
9.4 A copy of your storage licence which is in force on the day delivery is effected to you must be supplied for our records before such a delivery to your premises is made.
9.5 Deliveries can only be made to the premises address as is on your local authority’s storage registration document.
10.1 We shall be entitled , at our discretion and without prejudice to any of our other rights, to either terminate any order made by you and accepted by us, or suspend delivery in respect of order, until further notice by notification to you in writing in the event that:
- You fail to take delivery of the fireworks when required
- You fail to make a payment to us by the due date.
- You default in any of your obligations under these terms & conditions.
- You make any voluntary arrangement with your creditors, or become bankrupt, or subject to an administration order, or a trustee in bankruptcy, liquidator, or receiver is appointed over any of your property or assets, or you cease or threaten to cease business or we reasonably decide that any of these events is likely to occur in relation to you.
- GENERAL TERMS:
- If any provision of these terms & conditions is held by competent authority to be invalid or unenforceable in whole or in part this will not effect the validity of the other provisions or remainder of the provision in question. No waiver by us in respect of any breach of these terms and conditions by you shall be considered as a waiver of any subsequent breach. This agreement is personal to you and you may not transfer any of your rights or responsibilities under it without our prior written consent. Notices must be in writing and are sufficiently served if delivered by hand, sent by first class signed for post to our office address, and to you, at your last address known to us. Both parties agree to comply with the provisions of The Date Protection Act 1998. You cannot assign or transfer the contract or any of your rights under it, nor sub-contract any of your obligations under the contract. These terms & conditions are governed exclusively by the laws of England & Wales..
A large print version of these ‘Terms & conditions’ is available
from our office upon request.