TERMS & CONDITIONS
Terms of agreement
A booking is confirmed when both parties have signed this contract. And a deposit of 25% of the full amount due has been paid. Accounts must be settled in full by no later than 7 days prior to firing, unless an approved account holder.
Deposits are paid to cover administration costs and holding charges and cannot therefore be normally returned due to cancellation of an agreed order. Orders cancelled within 7 days before firing will normally be charged at up to 25% of estimated price, and cancellation at any time on the day, up to 50%.
Permissions
All bookings are subject to Extra FX Limited agreement that the display site is suitable and complies with the company’s safety and risk assessments. All permissions required prior to holding a display shall be obtained by the client - permission must be obtained from the site owner. Fire, police and local and civil aviation authorities, the coast guard and harbour authorities if relevant should be notified. Clients should acknowledge any possible nuisance to neighbours, particularly regarding animals, elderly people and hospitals and should advise such persons of the display. Where necessary, the provision of entertainment licences from local authorities and licences from the performing rights society if music is involved, are the responsibility of the client. The company’s payment terms shall be observed by the client in the event that relevant permissions are not forthcoming.
Cleaning the site
The company will be responsible for removing all tackle unless otherwise agreed and used firework cases after the display. However, it is not possible at night for teams to completely litter pick a site of all assorted debris (bits of foil covering, etc) Although the company will pick up as much as possible on the evening.
Liability/insurances
The company will hold at the time of all displays current public and product liability insurance cover (policy excess £500) with an indemnity limit of £10 million against legal liability to pay compensation and claimants cost and expenses in respect of accidental injury to any person, loss or damage to material property caused by direct contact by the fireworks resulting from the negligence of Extra FX Limited operators. Any incidents or accidents which are likely to result in a claim against the company, must be reported to the appointed display manager at the time of the display, with supporting evidence. The company shall not be liable for any consequential or indirect loss suffered by the customer whether this loss arises from a breach of duty in contract or tort or in any other way, including loss arising from the company’s negligence. Non-exhaustive illustrations of consequential or indirect loss would be (i) loss of profits (ii) loss of contracts (iii) damage to property of the venue or anybody else (iv) personal injury to the customer or anybody else (except so far as such injury is wholly attributable to the company’s negligence). (iv) the customer hereby agrees to indemnify the company against all claims made against the company by any of the customers employees, customers or any other person for which liability would have been excluded by this clause if the claim had been made against the company by the customer.
Frustration
Although the company will use its best endeavours to fulfil every contract, performance of the contract is subject to variation, or cancellation by the company in consequence of trade disputed, fire, act of god, war, civil emergencies, breakdown failure or restrictions on the use of transport, fuel or power, safety of persons and/or property, or any other cause beyond the reasonable expectation or control of the company. Should the company itself or the client abort the commencement of a display on the day through extremely inclement weather conditions or other reasons which affect public safety, part payment will be required to cover administration and labour costs up to 50% of contract value. Should the display be aborted when already commenced for similar reasons, the customer will be required to pay a proportion of the cost of the display, dependant on duration.
Proper law & jurisdiction
The contract shall be governed by and constructed in accordance with English law and all disputes arising in connection with the contract shall be submitted to the jurisdiction of the English courts.