Terms

  • Cash, MasterCard, Visa, Discover, American Express, Cashiers Check, Money Order or Wire.
  • Prices are subject to change without notice. Items and quantities are subject to availability. Minimum order 1 case, $250.00 minimum for shipping orders. Freight priced on individual order basis. This product may be sold on the basis that the purchaser will use to resell in accordance with federal, state, and local laws. Prices effective February 1st, 2018 F.O.B
  • For question or to place an order, call 800-500-5598 Sunday thru Monday 10am – 8pm CST. If placing an order, list items as they appear on the price list.
  • Time is limited, so please do not miss out on our new and explosive products!

 

WHOLESALE TERMS AND CONDITIONS

Introduction.Tiger Tooth Fireworks, LLC (hereinafter referred to as “Seller”) acceptance to buyer’s orders is expressly made conditional on Buyer’s assent to these Wholesale Terms and Conditions (hereinafter referred to as “Terms and Conditions”). These Terms and Conditions shall govern all transactions between Buyer and Seller unless otherwise modified in accordance with these Terms and Conditions.

Definitions.

  1. “Base Freight Charge” shall be defined as only the cost to deliver goods from one point to another. This term does not include an additional fee related to the transportation of goods from one point to another.
  2. “Delinquent payment” shall be defined as an amount(s) due beyond the scheduled payment date(s) as set forth in the section title “Payment Terms” of these Terms and Conditions.
  3. “Goods” shall be defined as UN0336, 1.4G Consumer Fireworks or deregulated novelty purchased directly from the Seller.
  4. “Liftgate Fees” shall be defined as the cost(s) associated with providing a liftgate to lower Goods from the vehicle to the ground.
  5. “Season” shall be defined as the Buyer’s selling period as permitted by applicable law.

Prices.The prices of Goods covered by these Terms and Conditions are subject to change at any time prior to shipment, and such price changes shall remain in the sole discretion of the Seller. 

Payment Terms. All payment(s) are due to the Seller prior to shipment of Goods, unless Buyer has established credit terms with Seller. If Buyer has established credit terms with the Seller for the Fourth of July Season, payment is due on or before July 10th. If Buyer has established credit terms with Seller for New Year’s Season, payment is due on or before January 10th.

Delinquent Payments.All delinquent payments shall accrue interest at the rate of 4% per month, or the maximum allowed by law, whichever is lesser. Buyer shall be responsible for attorney fees and other cost and expenses which may be reasonably be incurred by the Seller in the enforcement of these Terms and Conditions. In the event that the Buyer becomes delinquent, Seller shall not extend credit to Buyer.

Shipping.Buyer shall be responsible for all shipping and freight fees. However, Seller shall be responsible for the shipping arrangements. Any additional charges, including but not limited to Liftgate fees shall be the responsibility of the Buyer.

Delivery.Buyer hereby warrants to Seller that any individual that is present at the time of delivery is an authorized by the Buyer with the express authority to sign the Bill of Lading. The place of delivery is to be specified by Buyer and Seller at the time the order is placed. Buyer hereby agrees that delivery shall be made via a common carrier chosen at Seller’s sole discretion.

Returns. All orders are final and cannot be returned unless items are defective. It is the responsibility of the Buyer to inspect Goods upon delivery. Due to the seasonal nature of the Buyer and Seller’s businesses, the Buyer must make claims for defects, including but not limited to those related to shortages, quality, or specification within twelve (12) hours after the receipt of the Goods. FAILURE TO INSPECT GOODS AND NOTIFY SELLER IN WRITING WITHIN TWELVE (12) HOURS OF RECEIPT SHALL RESULT IN BUYER WAIVING ALL CLAIMS FOR DEFECTS, DAMAGES AND/OR SHORTAGES.

Disclaimer of Implied Warranties. SELLER MAKES NO WARRANTIES THAT THE GOODS SOLD HEREUNDER SHALL BE MERCHANTABLE OR THAT SUCH GOODS SHALL BE FIT FOR ANY PARTICULAR PURPOSE. IT IS UNDERSTOOD AND AGREED THAT IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE,  DAMAGE TO OR LOSS OF EQUIPMENT, LOST PROFITS OR REVENUE, COSTS OF RENTING REPLACEMENTS AND ADDITIONAL EXPENSES, RESULTING FROM SELLER’S PERFORMANCE OR FAILURE TO PERFORM UNDER THESE TERMS AND CONDITIONS, OR FRROM THE FURNISHING, PERFROMANCE OR USE OF ANY GOODS SOLD PURSUANT HERETO, WETHER DUE TO A BREACH OF CONTRCT, BREACH OF WARRANTY, THE NEGLIGENCE OF SELLER OR OTHERWISE.

Indemnification. Buyer hereby agrees to indemnify or hold harmless Seller, its officers, directors, employees, and/or agents for any and all actions, claims or proceedings resulting from Buyer’s negligence and/or willful or wanton misconduct.

Insurance. Seller does not provide insurance for product liability, nor Seller premises liability and it is at Buyer’s sole discretion to hold insurance if they deem necessary from hereinafter according to these set forth Terms and Conditions.

Compliance. Buyer hereby acknowledges and agrees that it is solely responsible for compliance with all applicable federal, state and local laws and regulations. Buyer further agrees to provide Seller with copies of all pertinent licenses, permits and/or sales tax certificates prior to shipment of Goods.

Confidentiality. Buyer agrees to keep all pricing, and thee Terms and Conditions confidential.

Modification. These Terms and Conditions cannot be modified, except in writing signed by both the Buyer and Seller.

No Agency, Joint Venture or Partnership.  Both Buyer and Seller both acknowledge and agree that they will not hold themselves out as an agent for, co-venture with, or partner of the other, and that these Terms and Conditions do not create an agency relationship, joint venture, or partnership. Both Buyer and Seller both agree that each is a “Merchant” for purposes of this transaction.

Severability. If any provision of these Terms and Conditions is held to be invalid or unenforceable, then the remaining provision of these Terms and Conditions shall remain in full force and effect.

 Survival. The section titled “Confidentiality” shall not expire.

Governing Law and Jurisdiction. These Terms and Conditions shall be construed in accordance with the substantive laws of the State of South Dakota, without regard to the conflicts of law principles. Buyer hereby submits to the exclusive jurisdiction to the State courts of South Dakota located in Minnehaha County, and the Federal Courts of the United States of AAmerica located in the State of South Dakota. However, Seller reserves the right to commence legal action against Buyer in any jurisdiction where Buyer is domiciled and/or incorporated.

Headings. The headings used in thee Terms and Conditions are intended for reference purposes only and shall not affect the meaning or interpretation of these Terms and Conditions.

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Buyer hereby agrees to have read and accepted the Terms and Conditions set forth above:

**If the individual signing above is not the Buyer, the individual signing above hereby warrants that he or she has the express authority to accept these Terms and Conditions on behalf of the Buyer, and hereby agrees to be liable to Seller for all amount(s) due to Seller in the event such signee’s authority is determined to be invalid.

Tiger Tooth Fireworks’ Wholesale manager approval.