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American Wholesale Fireworks – Shipping Information, Terms & Conditions of Sale

IMPORTANT NOTICE TO PURCHASERS

By placing an order with American Wholesale Fireworks, the purchaser acknowledges that they have read, understood, and agree to these Shipping Information and Terms & Conditions of Sale.

  1. F.O.B. ORIGIN – TRANSFER OF TITLE, POSSESSION, AND RISK

ALL SALES ARE F.O.B. CLEVELAND, OHIO (FREE ON BOARD ORIGIN).

All merchandise sold by American Wholesale Fireworks is sold F.O.B. Cleveland, Ohio.

Title to the merchandise, possession of the merchandise, and all risk of loss transfer from American Wholesale Fireworks to the purchaser at the time the merchandise is released from an American Wholesale Fireworks distribution facility in Ohio.

The purchaser may take possession of the merchandise by:

  • Personally picking up the order from an American Wholesale Fireworks distribution facility; or
  • Designating a freight carrier, common carrier, freight broker, freight forwarder, transportation company, or other authorized third party to accept possession of the merchandise on the purchaser's behalf.

Any carrier accepting possession of the merchandise shall be deemed the purchaser's designated agent.

Once possession has transferred, American Wholesale Fireworks has completed its delivery obligations.

From that point forward, the purchaser assumes all responsibility for:

  • Transportation;
  • Storage;
  • Possession;
  • Handling;
  • Compliance with applicable laws;
  • Required permits or licenses;
  • Risk of loss;
  • Theft;
  • Damage;
  • Delay;
  • Seizure;
  • Confiscation; and
  • Any use or misuse of the products.

American Wholesale Fireworks does not supervise, direct, or control the transportation of merchandise after possession has transferred at its Ohio facility regardless of whether the purchaser personally retrieves the merchandise or designates a carrier to do so on their behalf.

  1. PURCHASER'S RESPONSIBILITY

The purchaser is solely responsible for determining whether any fireworks purchased may legally be:

  • Purchased;
  • Possessed;
  • Transported;
  • Stored;
  • Displayed;
  • Resold; or
  • Used

within the purchaser's federal, state, county, municipal, tribal, or local jurisdiction.

The purchaser further agrees that they are solely responsible for obtaining any permits, licenses, inspections, approvals, or governmental authorizations required by law.

American Wholesale Fireworks does not provide legal advice and makes no representation or warranty regarding the legality of any fireworks product in any jurisdiction.

The availability of products for purchase or shipment shall not be interpreted as a representation that possession, transportation, storage, resale, or use is lawful in any particular jurisdiction.

  1. PURCHASER REPRESENTATIONS

By placing an order, the purchaser certifies that:

  • They are at least eighteen (18) years of age.
  • They have independently determined that the products ordered may legally be purchased and possessed where they reside.
  • They will comply with all applicable federal, state, county, municipal, and local laws.
  • They will obtain any permits or licenses required by law.
  • They understand that American Wholesale Fireworks relies upon these representations when accepting the order.
  1. RIGHT TO REFUSE OR CANCEL ORDERS

American Wholesale Fireworks reserves the right, in its sole discretion, to refuse, delay, cancel, or deny any order if:

  • Age cannot be verified;
  • Payment cannot be verified;
  • Fraud is suspected;
  • Shipping eligibility cannot be confirmed;
  • Permit or regulatory requirements cannot be verified; or
  • American Wholesale Fireworks believes shipment would violate applicable law or company policy.
  1. SHIPPING OPTIONS

Consumer Fireworks (1.4G)

Consumer fireworks are available for:

  • Warehouse pickup;
  • Freight terminal pickup; or
  • Ground freight delivery through an LTL freight carrier.

Commercial Fireworks (1.3G)

Federal transportation regulations prohibit shipment of most 1.3G commercial fireworks through standard LTL freight carriers.

Unless otherwise approved, all 1.3G fireworks must be picked up from an authorized American Wholesale Fireworks distribution facility.

  1. FREIGHT TRANSPORTATION

The purchaser may:

  • Pick up the order personally;
  • Designate their own freight carrier; or
  • Request that American Wholesale Fireworks arrange freight transportation through an independent carrier.

Any freight carrier transporting the merchandise acts solely on behalf of the purchaser after possession transfers at our Ohio facility.

If American Wholesale Fireworks assists in arranging transportation, such assistance is provided solely as a convenience to the purchaser and does not alter the F.O.B. terms of sale or transfer responsibility back to American Wholesale Fireworks.

  1. SHIPPING CHARGES

Shipping charges are calculated based upon:

  • Shipment weight;
  • Freight classification;
  • Dimensions;
  • Destination;
  • Fuel surcharges; and
  • Carrier pricing in effect at the time of shipment.

Estimated transit times are estimates only and are not guaranteed.

  1. RESIDENTIAL DELIVERIES

Residential deliveries may incur additional charges imposed by the freight carrier.

The purchaser is solely responsible for:

  • Residential delivery charges;
  • Lift gate charges;
  • Appointment fees;
  • Storage charges;
  • Redelivery charges; and
  • Any additional carrier-imposed fees.

An adult must be present to accept and sign for residential deliveries.

  1. ADDRESS VERIFICATION

American Wholesale Fireworks reserves the right to verify any shipping address prior to shipment.

Orders may be delayed or canceled pending address verification.

The purchaser must provide a valid telephone number for freight scheduling.

  1. STATE SHIPPING RESTRICTIONS

Some states or local jurisdictions prohibit or restrict certain fireworks.

American Wholesale Fireworks may restrict shipments where required.

The purchaser remains solely responsible for determining legality regardless of whether shipment is available.

  1. SHIPMENT INSPECTION

Immediately upon delivery, the purchaser must inspect the shipment before signing the freight carrier's Bill of Lading or delivery receipt.

The purchaser must:

  • Verify the number of cartons received;
  • Inspect for visible damage;
  • Confirm shipment accuracy; and
  • Note any shortages or damage on the delivery receipt.

Failure to note visible damage or shortages at delivery may result in denial of any freight claim.

  1. FREIGHT CLAIMS

Freight claims must be submitted within forty-eight (48) hours of delivery.

Claims must include:

  • Photographs of damaged merchandise;
  • Photographs of packaging;
  • Shipping labels;
  • Signed delivery receipt; and
  • Any additional documentation reasonably requested.

American Wholesale Fireworks reserves the right to determine whether a claim qualifies for replacement, credit, refund, or other remedy.

  1. GOVERNING LAW

These Terms and Conditions and all transactions between the purchaser and American Wholesale Fireworks shall be governed exclusively by the laws of the State of Ohio, without regard to conflict-of-law principles.

  1. VENUE

To the fullest extent permitted by law, any dispute arising out of or relating to the purchase, shipment, possession, transportation, storage, or use of products purchased from American Wholesale Fireworks shall be brought exclusively in the state or federal courts located in Summit County, Ohio.

The purchaser consents to the jurisdiction of those courts and waives any objection to venue.

  1. LIMITATION OF RESPONSIBILITY

American Wholesale Fireworks is responsible only for providing the merchandise purchased in accordance with the purchaser's order and releasing that merchandise to the purchaser or the purchaser's designated carrier at its Ohio distribution facility.

American Wholesale Fireworks shall not be responsible for any damages, losses, fines, penalties, confiscations, seizures, injuries, deaths, property damage, or other consequences arising from the purchaser's transportation, possession, storage, handling, resale, misuse, or use of the products after possession has transferred under these F.O.B. terms.

  1. CONTACT INFORMATION

American Wholesale Fireworks

7041 Darrow Road

Hudson, Ohio 44236

Phone: (330) 650-1776

Monday – Friday

8:00 AM – 5:00 PM Eastern Time

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