COMPANY DETAILS

Purelites Ltd (trading as Emperor Fireworks)
Company Registration Number: 03198542

Registered Office:
TK House
Old Homesdale Road
Bromley
Kent
BR2 9SP

VAT Registration Number: GB288237913

DEFINITIONS

Buyer means the business purchasing Goods from the Seller.

Seller means Purelites Ltd trading as Emperor Fireworks.

Goods means all fireworks, accessories, display equipment and any other products supplied by the Seller.

Contract means the agreement between the Seller and the Buyer for the supply of Goods.

TRADE CUSTOMERS ONLY

The Seller supplies Goods solely to bona fide trade customers.

By placing an order, the Buyer confirms that they are purchasing Goods for business purposes and not as a consumer.

The Seller reserves the right to refuse or terminate any trade account where this requirement is not met.

QUOTATIONS

All quotations are:

• Subject to stock availability
• Non-binding until accepted by the Seller
• Valid for 30 days unless otherwise stated

The Seller reserves the right to amend or withdraw any quotation before acceptance.

ORDERS

Acceptance of an order occurs only when confirmed by the Seller.

The Seller reserves the right to:

• Refuse any order
• Cancel any order prior to dispatch
• Limit quantities supplied
• Substitute packaging where necessary
• Discontinue products without notice

No variation to an order shall be binding unless agreed in writing by the Seller.

PRICES

Unless otherwise stated:

• All prices are exclusive of VAT
• VAT will be charged at the prevailing rate
• Prices are subject to change without notice

Should significant increases occur in freight, exchange rates, import duties, raw materials or other unavoidable costs, the Seller reserves the right to revise prices prior to dispatch.

PAYMENT

Payment terms shall be those agreed between the Buyer and the Seller.

Where payment is overdue the Seller reserves the right to:

• Suspend deliveries
• Withdraw credit facilities
• Cancel outstanding orders
• Charge statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998
• Recover all reasonable debt recovery costs

CREDIT ACCOUNTS

The Seller may carry out credit checks before opening or maintaining a trade account.

Credit limits may be amended or withdrawn at any time without prior notice.

The Buyer agrees to provide any reasonable financial information requested by the Seller for credit assessment purposes.

DELIVERY

Delivery dates are estimates only.

Whilst every reasonable effort will be made to meet agreed delivery dates, time shall not be of the essence.

The Seller shall not be liable for any loss arising from delayed delivery.

Risk in the Goods passes to the Buyer upon delivery.

SHORTAGES AND DAMAGED GOODS

The Buyer must inspect all Goods immediately upon delivery.

Any shortages, damages or incorrect Goods must be reported:

• Within 48 hours of delivery for damaged or incorrect Goods
• Within 5 working days for shortages not immediately apparent

Failure to notify within these periods shall constitute acceptance of the Goods.

The Seller may request photographs or other evidence before considering any claim.

RETURNS

No Goods may be returned without prior written authorisation.

Authorised returns must:

• Be unused
• Remain in their original packaging
• Be adequately packaged for transport

Returns accepted outside of an error by the Seller may be subject to a handling charge.

Special order or bespoke items are non-returnable unless faulty.

PRODUCT INFORMATION

Product photographs, illustrations, dimensions, colours, videos and specifications are provided for guidance only.

The Seller reserves the right to alter specifications, packaging or product appearance without prior notice provided the Goods remain substantially the same.

FIREWORKS LEGISLATION

The Buyer is solely responsible for ensuring compliance with all applicable legislation relating to:

• Storage
• Transport
• Licensing
• Age verification
• Retail sale
• Health and safety

Nothing contained within these Terms transfers any legal responsibility from the Buyer to the Seller.

RETENTION OF TITLE

Ownership of the Goods shall remain with the Seller until the Seller has received payment in full for:

• The Goods supplied; and
• All other monies owed by the Buyer

Until ownership passes, the Buyer shall:

• Store the Goods separately
• Clearly identify them as property of the Seller
• Keep the Goods fully insured
• Not remove or alter any identifying marks

Nothing contained within these Terms transfers any legal responsibility from the Buyer to the Seller.

If payment becomes overdue or the Buyer becomes insolvent, the Seller may require immediate return of the Goods.

The Buyer grants the Seller permission to enter any premises where the Goods are reasonably believed to be stored, during normal business hours and where legally permitted, for the purpose of recovering unpaid Goods.

INSOLVENCY

The Seller may immediately suspend or terminate any Contract if:

• The Buyer enters administration
• Liquidation proceedings commence
• A receiver is appointed
• The Buyer ceases trading
• The Seller reasonably believes the Buyer is unable to pay its debts

FORCE MAJEURE

The Seller shall not be liable for any delay or failure caused by circumstances beyond its reasonable control including but not limited to:

• Industrial action
• Fire
• Flood
• Severe weather
• Pandemics
• War
• Terrorism
• Government restrictions
• Supplier shortages
• Shipping delays
• Transport disruption

INTELLECTUAL PROPERTY

All intellectual property rights relating to Emperor Fireworks, Pyro Magic, Carnival, product names, logos, artwork, packaging, catalogues, website content, photographs and videos remain the exclusive property of Purelites Ltd or its licensors.

Trade customers may use authorised marketing material supplied by the Seller solely for the purpose of promoting the Seller's products.

No other use is permitted without prior written consent.

LIMITATION OF LIABILITY

To the fullest extent permitted by law:

• The Seller's total liability shall not exceed the invoice value of the Goods giving rise to the claim
• The Seller shall not be liable for indirect, consequential or economic losses including loss of profit, business or goodwill

Nothing within these Terms limits liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any liability which cannot legally be excluded

ENTIRE AGREEMENT

These Terms constitute the entire agreement between the Buyer and the Seller and supersede any previous agreements or understandings relating to the sale of Goods.

No variation shall be effective unless agreed in writing by a Director of the Seller.

GOVERNING LAW

These Terms of Sale shall be governed by and interpreted in accordance with the laws of England and Wales.

The courts of England and Wales shall have exclusive jurisdiction over any dispute arising from these Terms.

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