The following Terms and Conditions of Sale (the “Terms”) are applicable to the sale of all goods supplied and/or services rendered (“goods”) by Fireworks Cookbook (“FWCB”), https://staging6.fireworkscookbook.com website (the “Service”), to any purchaser thereof (“Buyer”).
GENERALLY -FWCB’s offer for sale of goods and Buyer’s acceptance of any such offer is governed exclusively by these Terms unless otherwise agreed in writing signed by FWCB. If an order is deemed to be an offer by Buyer, FWCB’s acceptance of such offer is expressly conditioned on Buyer’s assent to these Terms. Any additional, different, or conflicting terms proposed by Buyer in any offer, acceptance, confirmation (including any Buyer purchase order or specifications) or otherwise, (a) are requests for material alterations to these Terms, (b) are hereby rejected and objected to by FWCB, and (c) will not be binding in any way on FWCB. First-time customers may be asked to provide identification prior to order shipping. Please contact us with any questions about this restriction
PRICE; PAYMENT –The goods are hereby offered for sale at prices to be established by FWCB. Unless otherwise specified on FWCB’s invoice, order confirmation, acknowledgment or otherwise agreed to by the parties in writing, Buyer will pay for all goods prior to shipment unless prior arrangements are agreed upon.
TAXES -FWCB’s price for goods is exclusive of any Federal, state, or local sales, use, or excise taxes levied upon, or measured by, the sale, the sales price, or use of goods required in the performance of any order. FWCB will list separately on its invoice any such taxes applicable to any such goods or transaction, and payable by Buyer, with respect to which Buyer does not furnish to FWCB evidence of exemption.
DELIVERIES -FWCB will use commercially reasonable efforts to meet the delivery dates, specifications, and quantities as set forth in Buyer’s purchase order. FWCB will not, however, be liable for damages or delays in delivery due to causes beyond its reasonable control. If a package is RTS (return to sender) FWCB will refund the order minus any shipping fees.
ACCOUNT– When you create an account with FWCB, you must provide FWCB information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. The Buyer responsible for safeguarding the password that the Buyer use to access the Service and for any activities or actions under the Buyer’s password, whether the Buyer’s password is with our Service or a third-party service. The Buyer agrees not to disclose the password to any third party. The Buyer must notify FWCB immediately upon becoming aware of any breach of security or unauthorized use of the Buyer’s account.
LINKS– Our Service may contain links to third-party websites or services that are not owned or controlled by FWCB. FWCB has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that FWCB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
TERMINATION-FWCB may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if the Buyer breaches the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. FWCB may terminate or suspend the Buyer account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if the Buyer breaches the Terms. Upon termination, the Buyer’s right to use the Service will immediately cease. If the Buyer wishes to terminate their account, the Buyer may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
NON-CONFORMING GOODS –Upon Buyer’s receipt of shipment, Buyer shall immediately inspect the goods. Unless Buyer provides FWCB with written notice of any claim for shortage, defect or nonconformity in the goods within ten (10) days after receipt of shipment, such goods shall be deemed finally inspected, checked and accepted by Buyer and Buyer’s failure to provide such notice shall be deemed to constitute a waiver of any such claim.
EXPORT CONTROL –The goods which are the subject of this document may be subject to export or reexport restrictions pursuant to U.S. Export Administration Regulations and/or regulations of the U.S. Office of Foreign Asset Control or comparable laws and regulations of other countries. Buyer will not make any disposition, by way of transshipment, re-export, diversion or otherwise of the goods in violation of such regulations (as applicable). Buyer represents that it is not on or associated with any party designated on any of the U.S. government restricted parties lists, including without limitation the U.S. Commerce Department Bureau of Industry and Security Denied Persons List, Entity List or Unverified List, the U.S. Treasury Department Office of Foreign Asset Controls Specially Designated National and Blocked Persons List or the U.S. State Department Directorate of Defense Trade Controls Debarred Parties List.
LIMITATION OF LIABILITY – FWCB’s liability for its goods under all theories of liability shall be limited to repairing or replacing those found by FWCB to be defective or at FWCB’s option, to refunding the purchase price of such goods. At FWCB’s request, the Buyer will permit FWCB or its designee to inspect any allegedly defective goods including the shipment of such allegedly defective goods to the location specified by FWCB at FWCB’s cost.
DISCLAIMER OF INCIDENTAL AND CONSEQUENTIAL DAMAGES- FWCB shall have no liability for consequential or incidental damages arising out of or in connection with this agreement or the goods. Including, without limitation, breach of any obligation imposed on FWCB hereunder or in connection herewith. Consequential Damages for purposes hereof shall include, without limitation, loss of use, income or profit.
INDEMNITY- Buyer shall indemnify, defend and hold FWCB and its directors, officers, employees, agents, suppliers, parent, affiliates, subsidiaries, successors and assigns harmless from and against any and all fines, penalties, suits, actions, claims, liabilities, judgments, losses, damages, costs and expenses (including lawyer’s fees) resulting from or arising from (a) Buyer’s negligence or willful misconduct, (b) Buyer’s use, sale, handling, storage, or disposal of the goods or any product or waste-derived therefrom, (c)Buyer’s discharge or release of the goods or any product or waste-derived therefrom into water, onto land, or into air, (d) Buyer’s exposing any person (including Buyer’s employees) to the goods or any product or waste-derived therefrom, including failure to warn of such exposure, or (e) the transportation of the goods to Buyer after tender of the goods by FWCB to the carrier at FWCB’s shipping point. The foregoing shall apply, without limitation, to injury to person (including death) or damage or harm to property or the environment.
FORCE MAJEURE– Except for the payment of monies owed, neither party will have any liability for any breach or failure that is the result of an event, condition or circumstance beyond that parties’ reasonable control, including, without limitation, acts of God, war, insurrection, or terrorism, fire, inclement weather, strikes, boycotts, or other similar circumstances. If a party becomes aware of such an event, condition or circumstance, then such party will promptly advise the other party and both parties will cooperate to ameliorate the circumstance or condition as soon as possible.
GOVERNING LAW– The sale of goods hereunder shall be governed, interpreted and construed by and in accordance with the internal substantive laws of the State of Georgia, United States of America. Any dispute arising hereunder shall be resolved in the United States Federal Court serving Americus GA, or in the courts of the State of Georgia, as may be applicable. Such courts shall have exclusive jurisdiction and venue for resolution of all such disputes and the parties hereto do hereby irrevocably submit to such jurisdiction and venue, and waive to the contrary hereafter.
COMPLETE AGREEMENT– These terms contain the complete and final agreement between Buyer and FWCB and supersede all other further agreements, representations, warranties, covenants, promises, and other contractual obligations between the parties in respect of the subject hereof unless otherwise agreed to in a writing signed by FWCB. These terms may be amended, modified or waived only by a written instrument that refers expressly to this paragraph and is signed by an authorized representative of FWCB. E-mails and electronic on-line, internet or other terms of Buyer shall not be deemed a means of modifying or amending these terms.