Terms and Conditions
CONDITIONS FOR THE SUPPLY OF GOODS BY MODFY
(a) In these conditions “the Company” means MODFY and “the Customer” means the individual, firm or other party with whom the Company contracts. “Supply” includes (but is not limited to) any supply under a contract of sale.
(b) No order in pursuance of any quotation or otherwise shall be binding on the company unless and until such order is accepted by the Company.
These terms and conditions of sale shall apply to all sales of fireworks from MODFY to you ‘the Customer’. We will sell and you will purchase the fireworks in accordance with any order made by you and accepted by us. No variation of these terms and conditions of sale shall be binding unless agreed in writing and confirmed by the Managing Director.
Any order submitted by you will require a written acknowledgment, which is issued on the condition that these terms and conditions are legally binding towards any sales agreement. You will be responsible for ensuring the accuracy and totality of your order, ensuring you are complying with our ordering procedures. The quantity and specification of fireworks we supply will be confirmed in our written acknowledgement. We reserve the right to make changes in the specification of the fireworks which will be necessary to comply with any legal requirements. We will ensure that any changes which have been performed on the specification of the fireworks, does not significantly affect the quality or performance. You cannot cancel any orders which have been accepted and confirmed by MODFY, unless we have agreed. Should you cancel without our consent, you accept that you will indemnify us in full against all losses (including loss of profit), costs, damages, charges and expenses incurred as a result of your cancellation cancellation.
PRICE AND PAYMENT
The price of the products shall be the price listed on our current price list at the date of acceptance of your order, exclusive of VAT (VAT will be added in addition). We may in some circumstances offer further discounts on our prices. Such discounts will be made at the companies discretion and will be revoked in the event of any delay in payment. Customers who have been provided with a Credit Account should take note that our Payment Terms are as follows: Any Orders which have been delivered during the period of the 1st of October to 5th of November, Full Payment including VAT for all outstanding invoices will be due on the 12th of November. Paying your invoices on time is legally binding on acceptance of these Terms and Conditions. If you fail to make a payment on time required, we reserve the right to revoke any discount quoted to you in respect of your order. All amounts will fall due immediately. MODFY reserves the right to charge you interest on any unpaid amount at an annual rate of 8% per year. We will not be held responsible for any conditions resulting to circumstances outside or beyond our control, including but not be limited to restrictions imposed by any governmental parliamentary or local authority, accidents, natural disasters, shortages of material, labor or abnormal weather conditions.
REGISTRATION & STORAGE
You accept that to store fireworks for retail purposes, you must register your business or personal name, premises with your local Fire or Trading Standards authority. You agree that it is your responsibility to obtain and maintain the necessary registrations. You accept that there are advised government requirements which apply to the storage of different types of fireworks and safety precautions which must be adhered to at all times. You agree and accept that once you are in possession of the fireworks it is your responsibility to comply with these requirements.
We shall be entitled to at our discretion and without any prejudice to either terminate any order made by you, which had been accepted by us, or suspend delivery, until further notice. We will endeavour to notify to you in writing for the reason in the event that: (A) You have failed to take delivery of your order when required and agreed: (B) You have failed to make payment to us by its due date. (C) You have defaulted in your obligations under these terms and conditions. (D) You make any voluntary arrangement with your creditors, or become bankrupt or subject to an administration order, or a trustee in bankruptcy, liquidator, receiver is appointed over any of your property, assets, you cease or threaten to cease business. We reasonably believe that any of the above events is likely to occur.
If any provision of these terms and conditions is held by a competent authority to be invalid or unenforceable in whole or in part this will not affect the validity of the other provisions or remainder of the provision in question. No waiver by us in respect of any breach of these terms and conditions by you shall be considered as a waiver of any subsequent breach. This agreement is personal to you and you may not transfer any of your rights or responsibilities under it without our prior written consent. Notices must be in writing and sufficiently served if delivered by hand, sent by first class pre paid post or email to us, at our registered office. These terms and conditions are governed by Sri Lankan law and you agree to submit to the non-exclusive jurisdiction of the Sri Lankan courts.
The fireworks must be kept and stored in conditions which comply with current government regulations. If you do not keep and store the fireworks in the required conditions we cannot be held responsible for faults in the fireworks which arise from fair wear and tear, wilful damage to, or misuse of, the fireworks or adjustments or modifications to the fireworks made by you. Claim by you in respect of any shortages and/or defects in the fireworks must be notified to us by you within 24 hours from the delivery date (where the defects are obvious on inspection) or within a reasonable time (where defects are not obvious on inspection). You will be deemed to have accepted the fireworks. If you do not notify us of any defects or shortages in accordance with these term and conditions, once you have accepted the goods you will not able to reject them. Where you make a valid claim in respect of any shortages and/or defects in the fireworks in accordance with these terms and conditions we are liable for the claim, we can at our discretion make up the shortage, replace the fireworks or issue a credit note. We shall have no other liability to you.
YOUR UNDERTAKING AND INDEMNITY
You undertake to comply at all times with these terms and conditions and in addition undertake as follows: that you will handle the fireworks entirely in accordance with their handling instructions, the handling instructions will be made clear on their packaging or described in our brochure or are as otherwise described or notified by us to you prior to their delivery date; that you are aged 18 years or over and that you will only sell on the fireworks to persons who are 18 years or over and who otherwise comply with the legal requirements relating to the sale and storage of fireworks. You agree to indemnify us against all liabilities incurred by us as a result of you breaching any limitation claims by third parities and the costs incurred or brought against us together with any legal or other costs incurred when enforcing your indemnity.
LIMITATION OF LIABILITY
The limit of our liability to you is the make up of any shortfall, replacement, refund of the price of fireworks, or issue of a credit note as provided for in terms. We are not responsible to you to any greater extent and in particular we are not liable to you for any indirect or consequential loss (including without limitation financial loss such as loss of profit, or otherwise) which you may incur for whatever reason, as a consequence of our failure to comply with these terms and conditions. These terms do not operate to exclude or limit our liability in respect of death or personal injury caused by us failing to comply with these terms.
MODFY do not offer ‘Sale or Return’ on any products in any way, shape or form.
Any dates quoted for delivery of the fireworks are approximate only and although we will make every reasonable effort to ensure delivery of the fireworks are delivered on the agreed date, we cannot guarantee this. Where the fireworks are to be delivered in instalments, each instalment is to be considered as an amount to be invoiced.
RISK AND PROPERTY
All Risks of damages or loss of the fireworks shall be passed to you at the time of delivery. All goods will remain the property of MODFY until payment has been cleared in full. Until such time, you must keep the fireworks separately from other goods stored, protected and insured, we may take the fireworks back from you. You agree to allow MODFY or it’s appointed agents access to your premises. You will arrange access for us to other premises where our products maybe stored. We reserve our rights on taking legal action against you regardless on ownership.
Subject to terms, we undertake, as at the date of delivery of the fireworks that the fireworks correspond with their published specification in our brochure (including that they are compliant with the relevant Sri Lankan Regulations) and are of satisfactory quality. If you are purchasing the fireworks in the course of a business aside from our undertakings in this term, all other warranties, conditions or other terms implied by law are excluded to the fullest extent permitted by law.