Terms and Conditions
All prices quoted are cash prices and are quoted FOB Origin Osage City, Kansas. A 3% Administrative Fee will be applied to all orders, which can be waived if balance is paid in full with cash or check. Garrett's Fireworks is not responsible for injury, damage, loss of fireworks, or delays sustained in shipping. Prices, terms, and specifications are subject to change by Garrett's Fireworks without notice. All orders submitted are subject to the approval and acceptance at Garrett's Fireworks. Orders are not binding until acceptance is confirmed by Garrett's Fireworks. The accepted order is binding on the Purchaser and is not subject to cancellation once accepted.
Freight charges & Product must be prepaid prior to shipment.
Should Purchaser, refuse delivery, or otherwise breach the terms of this agreement, Garrett's Fireworks shall be entitled to recover both actual damages, interest and the rate of 18% per annum of any consequential damages and expenses including collection fees, court costs, and attorney's fees. The Purchaser acknowledges that fireworks ordered are not sold on consignment or approval and are not returnable.
This order form, sales order from Garrett's Fireworks, and these additional terms and conditions constitute the entire agreement of the parties and shall not be modified except by written agreement signed by both parties. No other verbal agreements are recognized or enforceable. This agreement shall be governed by the laws of the State of Kansas, and by submitting this order, the Purchaser consents that the State of Kansas shall have sole and exclusive jurisdiction over the Purchaser and any dispute or cause of action arising under this agreement.
Upon delivery the Purchaser must inspect the ordered products, and all claims for discrepancies, shortages, and/or damages must be made in writing within 72 hours of receipt or any and all claims shall be deemed waived. All damage claims must have photograph for proof and driver's signature acknowledging damage.
The Purchaser is solely responsible for compliance with all local, state, and federal laws. This transaction is a wholesale commercial transaction between knowledgeable merchants and is not a consumer transaction. A Sales Tax Exemption Certificate may be required from Purchaser depending on the state of delivery of the fireworks. This agreement is solely the Purchaser be the actual or implied agent, dealer, or representative of Garrett's Fireworks. The Purchaser is an independent merchant and is solely responsible for the safe handling, safe use, and payment of sales tax on the fireworks sold. *Note, Bottle Rockets may not be sold for retail in the State of Kansas.
All fireworks are UNO336 DOT, 1.4G fireworks. Garrett's Fireworks certifies that the fireworks product listed on the Wholesale Price Sheet have been examined in accordance with regulations set forth by the Consumer Product Safety Commission and Department of Transportation and have been found to be in compliance with those Agencies' requirements.
If Purchaser is picking up the ordered fireworks from a Garrett's Fireworks facility, then Purchaser should phone at least 48 hours in advance and make arrangements to pick up their order. A Kansas Sales Tax Exemption Certificate will be required from Purchaser. If such advance is not provided the order may not be completed and ready for pickup when Purchaser arrives and may result in delays.