Terms & Conditions

PLEASE READ OUR TERMS AND CONDITIONS

Access and use of our Website, together with the sale and the purchase of products from the site, are governed by the terms and conditions set out below. By using the site, you agree to accept the following terms and conditions. If you do not wish to accept these terms and conditions, you may choose not to use this site or contact us to ask for further information. A contract between BLITZ FIREWORKS LIMITED and the customer will exist once an order has been accepted, processed, dispatched and received.

COMPANY DETAILS

This site is owned by Blitz Fireworks Limited registered office Festival Park, Festival Way Stoke-on-Trent, ST1 5SQ . Registered no. 06162993.

DISCLAIMER

To the fullest extent permitted at law, BLITZ FIREWORKS LIMITED is providing this Web site and its contents on an “as is” basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this Web site or the information, content, materials or products included in this site including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, BLITZ FIREWORKS LIMITED does not represent or warrant that the information accessible via this Web site is accurate, complete or current. Price and availability information is subject to change without notice. Except as specifically stated on this Web site, to the fullest extent permitted at law, neither BLITZ FIREWORKS LIMITED nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this Web site or the information, content, materials or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, BLITZ FIREWORKS LIMITED does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of BLITZ FIREWORKS LIMITED, its affiliates, directors, employees or other representatives. Our catalogue and Web site images, descriptions and colours are subject to change and are for illustration only. In the event of a particular colour or variation not being available we will make every attempt to find a suitable alternative.

FULFILMENT

Due to the nature of our business, stock availability cannot be guaranteed. If your goods are in stock the order will be ready for collection within 2 days. Once you have placed an order with BLITZ FIREWORKS LIMITED, an email will be sent to you confirming your order details. It is important that you give us a valid email address so you can receive email communication from us. BLITZ FIREWORKS LIMITED reserve the right to accept or reject any order at our absolute discretion. While we try to ensure that such prices are accurate, BLITZ FIREWORKS LIMITED reserve the right to correct the prices if we discover an error. In this event, you will be entitled to cancel your order or re-confirm it at the correct price.

PAYMENT AND SECURITY

We accept payments from most debit and credit cards. Unfortunately, we are unable to process payments from American Express. For your security, all our credit card transactions are processed by Paypal payment gateway to ensure that any card details sent by you are encrypted and held securely. No one else, including us, has access to your credit card details.

ENTIRE AGREEMENT

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and BLITZ FIREWORKS LIMITED. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of BLITZ FIREWORKS LIMITED. None of the above affects you statutory rights under English Law.

TERMS AND CONDITIONS OF HIRE

 

TERMS AND CONDITIONS FOR THE HIRE OF EQUIPMENT

  1. General:

The terms and conditions set out below shall be the basis of all Contracts of Hire with Blitz Fireworks LTD.

Conditions of hire – The company’s quotation for hire charges is made on the assumption that the site on which the equipment is to be erected or to which the goods are to be delivered is:

  • Flat level firm ground with easy access for heavy motor transport
  • Has no drain pipes, cables or other service buried underneath the surface or otherwise concealed.
  • Should the site not comply with these requirements, Blitz Fireworks LTD may at its discretion either rescind the contract by giving verbal or written notice to the hirer or make additional hire charges. Blitz Fireworks LTD shall not be liable for any loss, damage or expense resulting from such recission of the contract.

 

  1. Definition:

In these terms and conditions Blitz Fireworks LTD means Blitz Fireworks LTD whose principal place of business is 14 Hightown, Crewe, CW1 3BS. The hirer shall mean any person, persons or body corporate entering into a rental agreement with Blitz Fireworks LTD for the hire of goods and equipment. “Goods and equipment” referred to in “The terms and conditions” refer to those set out below and shall be the sole conditions of any contract with Blitz Fireworks LTD subject to any addition or amendment which shall be in writing and ratified by a Director of Blitz Fireworks LTD.

 

  1. The Period of Hire:

(a) The period of hire shall commence with the hirer taking possession of the equipment (whether or not such receipt shall have been from Blitz Fireworks LTD) and shall terminate when equipment is returned. It is the responsibility of the hirer to obtain such receipt for the return of equipment which will represent sole evidence of the return of equipment to Blitz Fireworks LTD.

(b) Where equipment is delivered or collected by hirer, hirer’s servant or agents such delivery or collection is at the hirer’s risk and expense and the hirer shall be liable for physical loss and damage and delay to the equipment from the time the equipment leaves Blitz Fireworks LTD’s premises until it is returned to Blitz Fireworks LTD’s premises whether or not the equipment is being delivered or collected by Blitz Fireworks LTD or is in the custody of Blitz Fireworks LTD, it’s directors, servants or agents.

 

  1. Equipment:

(a) The hirer will satisfy himself on taking possession of all equipment that it is in good working order and in undamaged condition. The hirer’s signature on the terms and conditions will be taken as conclusive evidence that such agreement has been satisfied. Any matters relating to the sub standard condition or working of the equipment must be referred to Blitz Fireworks LTD and (if the rental is to proceed) a note endorsed on the Terms and Conditions to be countersigned by Blitz Fireworks LTD.

(b) All equipment on hire remains the absolute property of Blitz Fireworks LTD.

(c) The hirer shall have no authority to transfer or otherwise part with possession of the equipment during the period of hire unless the express written consent of Blitz Fireworks LTD is first obtained.

(d) In the event that the hirer intends to take equipment out of the main land of England, Scotland or Wales or use the same for any abnormal or hazardous assignment then consent must first be obtained from Blitz Fireworks LTD who may at their sole discretion vary the terms of the rental.

 

  1. Electrical Supply

The hirer is responsible for ensuring that the venue has sufficient power supply, plug points, connectors etc for the equipment unless Blitz Fireworks LTD has been hired as part of the package.

  1. Damage or Loss to Equipment Hired:

(a) The hirer is wholly responsible for all equipment on hire from the time of delivery or collection until collection or return.  The hirer will be responsible for the safe custody of Blitz Fireworks property on the site, and will make good to Blitz Fireworks LTD all loss or damage to Blitz Firework’s property or equipment hired or used on the site including breakages and damage and loss due to theft or burglary unless it can be proved that such loss or damage be caused by faulty material or negligence on the part of Blitz Fireworks Ltd.  Goods at all times remain the property of Blitz Fireworks LTD.

(b) It shall be the absolute responsibility of the hirer to ensure the safe keeping of equipment and the hirer will indemnify Blitz Fireworks LTD in respect of any loss or damage howsoever caused whilst in the hirer’s possession.

(c) All damage or loss will be notified to Blitz Fireworks LTD immediately (or as soon as practicable) following which the goods must be returned to Blitz Fireworks LTD for repair or replacement should repair be uneconomic.

(d) The hirer shall be liable to pay the full cost of replacement of any equipment lost or damaged beyond repair with reference to new equipment of the same or nearest available specification.

(e) In the event of loss or damage to equipment the period of hire will without further reference to the hirer extend until such time as full reimbursement for the cost of replacement of the lost or damaged equipment has been made whether or not such period extends beyond that of the original rental agreement.

 

 

  1. Liability:

(a) Blitz Fireworks LTD shall not be liable under any circumstances whatsoever for losses incurred by the hirer due to faulty or non functioning equipment during the period of hire. Blitz Fireworks LTD will however take all steps to ensure that faulty equipment is replaced as soon as possible with either the same or similar equipment.

(b) The hirer will indemnify Blitz Fireworks LTD at all times fully against any liabilities, demands, actions, claims or proceedings arising from or in connection with the equipment hired.

(c) In the event that the hirer shall create, use with or in conjunction to any equipment hired any unique or original material or matter Blitz Fireworks LTD shall have no liability whatsoever in respect of the loss, damage or imperfection of any such material and the hirer will fully indemnify Blitz Fireworks LTD in respect of any such claims by a third party.

(d) Whether the site complies with the foregoing requirements listed in (1) or not, Blitz Fireworks LTD shall not be under any liability whatsoever to make good any damage to the site, nor shall Blitz Fireworks LTD be under any liability whatsoever in respect to damage of drains, pipes or cables or other services buried under the site or otherwise concealed or any consequential loss resulting from such damage unless an accurate plan showing the precise position of such drains or pipes or cables or other services have been supplied to the company in advance.

 

 

 

  1. Positioning of Services for Hire

 

The hirer shall provide Blitz Fireworks LTD with a plan showing the position in which the equipment shall be erected or alternatively shall have a representative on the site for that purpose.  If the hirer does not provide a plan or have a representative on site, Blitz Fireworks LTD may erect the equipment where it considers fit and it shall be deemed to have performed the contract.  Any wasted journeys due to absent representatives will be charged for.

 

 

  1. Permits

 

The hirer is responsible for giving notice or obtaining all necessary permits from any authorities who are or may be concerned and must make application to the planning authority, police, fire brigade or any similar authority or organisation.  Any cost as incurred in delays or modifications in the work arising from the absence of or misrepresentation of all such necessary permissions and permits shall be payable to the company by the hirer and shall be deemed to be part of the hire charge for the purpose of the hire.

 

  1. Force Majeure

 

Whilst every effort will be made by Blitz Fireworks LTD to carry out any order accepted, the full performance of it is subjected to variation or cancellation by Blitz Fireworks LTD upon act of god, war, strikes, riots, lock-outs or other labour disturbances, fire, flood, restrictions in the use of transport, fuel or power, requisitioning, shortage of material or transport or labour or any other cause beyond the control of Blitz Fireworks LTD.

 

 

  1. Rental Fees:

(a) During the Rental period the hirer will pay the rental fee as specified in the invoice plus V.A.T. In the event of the invoice specifying a daily rate then such rate will be charged to the end of the day on which the equipment is returned.

(b) Blitz Fireworks LTD reserve the right to charge a cancellation fee not exceeding the full rental charge.

(c) All fees will be discharged at the time of the hirer returning the equipment or with the specific consent of Blitz Fireworks LTD up to seven days after the date of any invoice subsequently issued.

(d) Blitz Fireworks LTD reserve the right to determine the contract and recover any equipment hired in the event of bankruptcy, insolvency, or liquidation of the hirer.

(e) Where the hirer is a body of corporate registered in the United Kingdom, Blitz Fireworks LTD may in their sole discretion require a surety. The surety hereby agrees to indemnify Blitz Fireworks LTD in respect of all sums due under the Contract of Hire in the event of partial or total default by the Hirer Company

 

  1. Payment:

(a) Payment for hire goods ordered shall be made at the time of delivery unless the customer shall have been granted a credit account. Such facility shall have been agreed by Blitz Fireworks LTD in writing and the existence of a credit account will be indicated on the hire invoice together with the specific credit period. In the absence of any specific credit period the invoice shall be construed to express a maximum period of seven days.

(b) Blitz Fireworks LTD reserve the right to add to any overdue balance at the due date an additional sum calculated by reference to 4% per annum above clearing bank base rate for the time being on any outstanding balance accruing on a daily basis.

(c) Where an order made by customers is accepted by Blitz Fireworks LTD and a deposit is paid over by the customer and such sum is agreed between the parties, Blitz Fireworks LTD reserve the right to retain the full amount of the deposit to set against any costs they incur in fulfilling the customer’s order.

 

 

  1. Cancellation or Premature Termination of Contract

 

In the event of the hirer cancelling the contract after a firm order has been placed, charges will be levied as follows:

 

  • More that 30 days calendar days notice – 25% total hire charge plus vat
  • 7-30 calendar days notice – 50% total hire charge plus vat
  • Less than 7 days notice – 100% total hire charge