All prices quoted are cash prices and are quoted FOB the nearest Distribution Center stocking product. Prices, terms, and specifications are subject to change by Jake’s Fireworks, Inc. without notice. All orders submitted are subject to the approval and acceptance at our offices in the nearest distribution center. Orders are not binding upon us until accepted by us in writing. Once accepted, the order is binding on the purchaser and is not subject to cancellation when the order is accepted by Jake’s Fireworks, Inc. Payment is due in full upon delivery of the order to the purchaser. Should purchaser fail for any reason to make payment in full, the outstanding unpaid balance shall bear interest at the rate of 18% per annum until paid in full. Should purchaser fail to make payment for its order upon delivery, refuse delivery, or otherwise breach the terms of this agreement, Jake’s Fireworks, Inc. shall be entitled to recover both actual damages, interest, consequential damages and all costs and expenses including collection fees, court costs, and attorney’s fees.

The written order, invoice from Jake’s Fireworks, Inc., and these terms and provisions constitute the entire agreement of the parties and shall not be modified except by written agreement signed by both parties. No verbal agreements are recognized or enforceable. The order is a binding contract under Kansas Law, which shall be governed by the State of Kansas. By submitting this order, the purchaser irrevocably consents that the State of Kansas shall have sole and exclusive jurisdiction over the purchaser and any dispute or cause of action arising under this contract.

The purchaser acknowledges that fireworks are not sold on consignment or approval and are not returnable. Payment in full is due upon delivery of the product to the purchaser. We will substitute items when necessary. The purchaser must inspect the product upon receipt and all claims for discrepancies, shortages, and/or damages must be made in writing within seven (7) calendar days of the receipt of the order or shall be deemed as waived by the purchaser.

The purchaser is solely responsible for posting and compliance with all local, state, and federal laws. Jake’s Fireworks, Inc. does not assume responsibility. Jake’s Fireworks, Inc. is not responsible for injury, damage, or loss sustained in shipping or due to the resale or use of fireworks. This transaction is a wholesale commercial transaction between knowledgeable merchants and is not a consumer transaction. This agreement is solely between vender and purchaser and shall not constitute a joint venture or partnership under any circumstances. Nor shall the purchaser be the agent, dealer, or representative of Jake’s Fireworks, Inc. The purchaser is an independent merchant and is buying the product for resale and is solely responsible for the safe handling and safe retail marketing of the products sold.

All customers should phone and make arrangement ahead of time to pick up their orders. This will enable us to have most of the order ready when you arrive and prevent waiting. Please give us at least 48 hours advance notice.