SONNING FIREWORKS LIMITED STANDARD TERMS AND CONDITIONS

1. GENERAL

(a) The “Company” shall mean Sonning Fireworks Limited or subsidiary or any associated Company.

(b) The “goods” shall be deemed as any fireworks, equipment or services which are the subject of the Contract.

(c) The “Customer” shall mean the person, firm or company who contracts to purchase in full or in part the goods from the Company.

(d) Any “Contract” entered into by the Company for the supply of goods is subject to these conditions. Any form of written attachment to documents and correspondence shall not be included or implied unless agreed in writing and signed by an authorised Company representative prior to entering this agreement.

(e) No order for the supply of goods and or services arising from a quotation or otherwise shall be deemed to be acceptance or constitute a legally enforceable contract with the Company until accepted in writing by the Company or until delivery of goods and or services which ever shall be the sooner.

(f) No responsibility is accepted by the Company for any inaccuracy or errors given verbally.

2. DESCRIPTION AND SPECIFICATIONS

The descriptions and specifications as illustrated and contained in catalogues, price lists and other media are subject to change and shall not form part of the Contract and no report, representation or statement made by any employee or agent of the Company shall be binding on the Company. As description or sample goods is by way of identification only and does not constitute a sale by description or sample. The Company reserves the right to substitute items to the same or greater value than an item ordered that may not be available for any reason. The Company will endeavour to notify customers beforehand but cannot guarantee that this will always be achieved.

3. PRICING

(a) All prices and terms quoted by or shown in the Companies price lists, catalogues or other media may be altered without notice.

(b) The Company reserves the right at any time prior to delivery of the goods to adjust the price to take account of any increase in the costs of materials, manufacture and import, labour or services of any kind, increases of taxes or duties or any other matters affecting the cost of the Company in complying with the contract.

(c) The Company reserves the right to impose a handling fee of not less than 15% on returned goods except in circumstances where the goods are returned by reason of defects which it is the Companies duty under the terms of this agreement to rectify.

(d) The Company reserves the right to amend any accidental errors and omissions in quotations and invoices.

4. PAYMENT

(a) A 15% deposit will be required at the time of booking unless expressly agreed in writing by the Company.

(b) The balance of the show value will be required to be paid 3 weeks before the day of the show unless agreed in writing by the Company.

(c) Where credit facilities exist; in the event of non-payment, late payment or other default by the customer the Company shall be entitled to recover all legal costs thereby incurred together with interest on the monies outstanding, calculated at 2% over prevailing bank rate of interest compounded monthly.

5. LIABILITY

(a) Nothing herein shall be deemed to exclude or restrict the Company’s liability for death or personal injury resulting wholly from the negligence of the Company.

(b) The Company shall not be liable for any consequential or indirect loss suffered by the customer whether this loss arises from breach of duty in contract or tort or in any other way, including loss arising from the Company’s negligence. Inclusive illustrations of consequential or indirect loss would be (i) loss of profits (ii) loss of contracts (iii) damage to the property of the customer of any individual or company (iv) personal injury to the customer or anybody else (except so far as injury is wholly attributable to the Company’s negligence).

(c) The customer hereby agrees to indemnify the company against all claims made against the Company by any of the customer’s employees, customers or other persons for which liability would have been excluded by this clause if the claim had been made against the Company by the customer.

6. CANCELLATION

(a) Should the display be cancelled by the client or the venue operator within 15 days of the date of the display then 100% of the display value is due

(b) Should the display be cancelled by the client or the venue operator between 16 and 30 days of the date of the display then 50% of the display value is due

(c) Should the display be cancelled by the client or the venue operator between 31 and 90 days of the date of the display, no extra monies are payable in addition to the 15% deposit already paid.

(d) Should the display be cancelled by the client or the venue operator with more than 90 days notice, then no cancellation charges are payable and the 15% deposit will be refunded.

(e) The Company cannot be expected to be liable for a show that they cancel owing to factors outside the Company’s control, e.g. extreme weather. In such an event, the Company will reimburse up to 50% of the total invoice. We strongly advise that the client takes out appropriate event cancellation insurance to cover such an eventuality.

(f) The Company will always endeavour to carry out the display providing it is safe to do so. It is not just severe weather that can cause problems, a reasonable wind directly towards the crowd can produce an unacceptable risk, and the Company may cancel the display if an alternative site layout cannot be found.

(g) The Company reserves the right to cancel the display without compensation if safety is compromised on the part of the client or venue operator. The Company personnel on site have sole responsibility for this decision. Inclusive illustrations of these factors include (i) Poor crowd control (ii) Inadequate safety distance (owing to change of site layout since site survey) (iii) Livestock in close proximity to display site (iv) Client delays the start of the display beyond the 2300hrs curfew (exemptions on certain days) (v) Force majeure. We will always try and work with the client and venue operator to resolve these problems where at all possible.

(h) It is the client/venue operators responsibility to inform local residents of the display if they feel that it is appropriate, this is especially relevant in areas where there is livestock (including stables).

7. REPUTATION AND PROMOTION

(a) As a specialist pyromusical fireworks display company no music should be played during our non-pyromusical displays.

(b) For public fireworks displays the Company reserves the right to create a Facebook group to promote your event, this group will remain the property of the Company.

(c) The Company reserves the right to have a company introduction read out at public displays for the promotion of the Company.

8. FORCE MAJEURE

The Company shall not be liable for any failure to deliver the goods arising from circumstances outside the Company’s control. Inclusive illustrations of circumstances outside the Company’s control include (i) adverse weather conditions (ii) Acts of God (iii) fire (iv) flood (v) strikes (vi) lock outs (vii) government actions or regulations (viii) delays by suppliers (ix) accidents (x) material shortages (xi) labour or manufacturing deficits (xii) traffic delays..

9. JURISDICTION

The contract shall be governed by and construed in accordance with English Law and all disputes arising in connection with the contract shall be submitted to the jurisdiction of the English Courts.