TERMS & CONDITIONS

AGE REQUIREMENTS

This website and the products sold on this website are restricted to individuals over the age of 18. By use of this website you affirm that you are 18 years of age and legally able to enter into a binding contract and comply with these Terms and Conditions.

1.4 PRO TERMS AND CONDITIONS

1.4 Pro Items are articles of pyrotechnics classified as UNO431 - Buyer must be at least 21 years of age to purchase. A Statement of Intended Use Form will need to filled out along with a copy of a current drivers license. Buyer shall also prove that they are certified to use Article of Pyrotechnics with a State Fireworks wholesale permit, retail permit, Fireworks display operators permit, PGI certification letter or an ATF Type 54 license. Please contact us directly if you are wanting to purchase any of the 1.4 Pro items at 1-402-509-3507 1.4 PRO ITEMS ARE NOT FOR RETAIL SALES

CONTROLLING TERMS

Buyer expressly agrees that Pyro Magic Fireworks LLC. Terms and Conditions, Shipping policy and Invoice of this Sale represent the complete agreement of the parties with respect to the sale of the product(s) listed on the Invoice and no different or additional terms or conditions in Buyer’s purchase order or in any other prior or subsequent communications in any way adding to, modifying or otherwise changing these Terms and Conditions of Sale shall be binding upon Pyro Magic Fireworks LLC.

ACCEPTANCE OF ORDERS

Pyro Magic Fireworks LLC. may accept buyer’s offer to purchase and shall be bound to supply the applicable Goods in accordance with these terms and conditions either by execution of the acknowledgment copy of the order, or acceptable electronic transmission, delivery of the Goods to CAI or by any other statement, act or course of conduct which constitutes acceptance under applicable law.

PRICES

Unless otherwise indicated on the face of the invoice, all prices are quoted FOB Cortland Ne. Buyer is responsible for any tax or government charges imposed upon the sale or transfer of the Product. Buyer shall not have any right to set off any amounts due hereunder against any amounts which may become payable to Pyro Magic Fireworks LLC. under any other agreement. Pyro Magic Fireworks reserves the right to change prices or update product availability without prior notice. Pyro Magic Fireworks, at its own discretion, may substitute out of stock product with an item of equal or greater value.

SHIPPING / DELIVERY TIMES

Unless otherwise agreed upon in writing and signed by an officer of Pyro Magic Fireworks LLC, all delivery dates are estimates. Pyro Magic Fireworks LLC. shall use its reasonable efforts to deliver all Product within the time specified; however, in no case shall Pyro Magic Fireworks LLC. be liable for any expense, loss or damage whatsoever suffered by Buyer as a result of the Pyro Magic Fireworks LLC. failure to deliver Product by the specified date.

TRANSPORTATION AND RISK OF LOSS

The method and route of a shipment are at Pyro Magic Fireworks LLC. discretion unless Buyer timely supplies explicit instructions otherwise. Title to the Product passes to Buyer when Product is delivered to the selected carrier, even if Pyro Magic Fireworks LLC. made a nonconforming tender. Buyer attempts to revoke acceptance of the Product, or Buyer repudiates this document after the Products have been identified hereto.

CHANGING / CANCELING ORDERS

Any order placed with and accepted by Pyro Magic Fireworks LLC. may be canceled by Buyer only upon Pyro Magic Fireworks LLC. approval in a writing signed by an officer of Pyro Magic Fireworks LLC. and upon terms that indemnify Pyro Magic Fireworks LLC. against any loss. Pyro Magic Fireworks LLC. will not accept order cancellations once a product has been delivered to a carrier, without charging a cancellation fee of thirty percent (30%) of order value to recover retrieval costs incurred. Pyro Magic Fireworks LLC. will not accept cancellations of special orders of non-standard, non-price list products. Pyro Magic Fireworks LLC. may cancel all or any part of this order and discontinue its performance hereunder without liability to Buyer in the event Buyer materially breaches this contract, becomes insolvent, is the subject to bankruptcy protection, or is the subject of a receivership, liquidation, dissolution or similar proceeding. After you have checked out you cannot make any online changes to your order. If you would like to cancel or change your order, please contact us Monday through Friday from 9am to 4pm at 1-402-509-3507 or you can email a notice of changes or cancellation along with your order # to sales@pyromagicfireworks.com and we would be glad to help you.

DAMAGED OR MISSING ITEMS

If Pyro Magic Fireworks sends you an incorrect item or an item that is missing, please contact us Monday thru Friday 9am to 5pm at 1-402-509-3507 to discuss this issue. Note: Missing or damaged items must be marked on the bill of lading when delivered, delivery driver needs to also make a note of the discrepancies on the bill of lading. We take great care in pulling and packing the products that you have ordered.

LIMITATION OF LIABILITY

Buyer acknowledges and agrees that Pyro Magic Fireworks LLC. liability for any claims with respect to the products shall not exceed the amount paid by buyer for the products under the invoice. Such limitations on Pyro Magic Fireworks LLC. liability hereunder shall apply even if Pyro Magic Fireworks LLC. liability is due in whole or in part to its own negligence.

PRODUCT RETURNS

Pyro Magic Fireworks LLC. DOES NOT ACCEPT ANY FIREWORK RETURNS OR EXCHANGES due to the high cost of shipping fireworks. If there is a problem with an item, please contact one of our sales representatives at 1-402-509-3507 For Non-Firework items upon delivery of Product, Buyer shall have five (5) days to inspect Product and notify Pyro Magic Fireworks LLC, in writing, of any defective goods or other cause for rejection. Buyer agrees that five (5) day period provides Buyer a reasonable opportunity to inspect the Product. Such notification shall identify each and every reason for any rejection of Product. Buyer’s failure to reject Product within such five (5) day period shall constitute a waiver of Buyer’s inspection right and an unqualified and irrevocable acceptance of the Product by Buyer.

INDEMNITY

Buyer shall defend, indemnify and hold harmless Pyro Magic Fireworks LLC. and its affiliated or related companies from and against any and all claims, losses, liability, damages and expenses including, but not limited to, any accident, injury, arrest, fine or citation, fire property damage or any other losses or incidents occasioned during the transportation, handling, storage, use or sale of these fireworks, attorneys’ fees and cost of defense arising from, related to or in any way connected with or alleged to arise from or out of any asserted deficiencies or defects in Product caused by any alteration or modification thereof by Buyer with or without Pyro Magic Fireworks LLC. consent, or improper handling or storage by Buyer, the breach of any term or condition stated herein, Buyer’s failure to label Product or Buyer’s improper labeling of Product regardless of whether the labeling was done with or without the advice of Pyro Magic Fireworks LLC. As a condition of this sale, I understand that fireworks are dangerous, and I assume all risks regarding them.

PAYMENT

Pyro Magic Fireworks LLC. Accepts the following payment options Credit Card, (Visa, Mastercard, American Express, Discover) We also accept money orders and cashiers checks. (Note: If cashier’s checks and money order is your payment option please contact us for details upon ordering) all payments must be made and cleared before any shipments will be delivered.

GOVERNING LAW AND ARBITRATION

This document shall be interpreted and governed by the law of the State of Nebraska, excluding its conflicts of laws rules. The parties specifically exclude the application of the United Nations Convention on the Sale of Goods.

TAXES