ELITE FIREWORKS® WHOLESALE TERMS & CONDITIONS

Effective Date: Jan. 1^st, 2025

These Wholesale Terms & Conditions ("Terms") govern your relationship with Elite Fireworks LLC (“Elite Fireworks,” “we,” “our,” or “us”) as a wholesale customer. By using this website, submitting an application, or placing an order, you acknowledge and agree to these Terms. If you do not agree, do not proceed with registration or purchasing.

1. LEGAL COMPLIANCE & ELIGIBILITY

Elite Fireworks operates as a wholesale distributor of consumer fireworks and sells only to businesses engaged in the legal resale, distribution, or wholesale trade of fireworks. Fireworks are regulated at the federal, state, and local levels, and it is solely the buyer’s responsibility to ensure compliance with all applicable laws. We do not monitor or enforce compliance beyond our own business operations, nor do we provide legal guidance on regulatory matters. Each customer is expected to conduct due diligence and maintain compliance with the laws governing their business. While we reserve the right to deny, suspend, or terminate any wholesale account if there is reason to believe that a customer is engaging in fraudulent activities, misrepresenting their business, or violating applicable laws, we do not actively monitor how customers operate their business. It remains the sole responsibility of the customer to maintain compliance with all applicable regulations.

To establish a wholesale account, customers must provide documentation verifying their eligibility to purchase and resell fireworks. Required documentation includes a valid business license issued by the appropriate state or local authority. If applicable, the business license must explicitly authorize the sale or distribution of fireworks or pyrotechnics. A sales tax exemption certificate or resale certificate is also required, confirming that the purchase is for resale purposes and not for personal use. If a fireworks-specific permit or additional licensing is required by state or local law, the customer is responsible for obtaining and maintaining compliance.

All documentation submitted must be current, valid, and correspond to the business entity applying for a wholesale account. The information provided must be accurate and complete. Submission of fraudulent, expired, or incorrect documents will result in immediate denial of the account and may lead to further action as necessary. Additional documentation may be requested at our discretion, and accounts may be subject to periodic review. However, once a wholesale account is approved, we do not assume ongoing responsibility for ensuring that a customer remains compliant with regulatory requirements.

Fireworks are classified as hazardous materials and are subject to federal oversight by agencies such as the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the U.S. Department of Transportation (DOT), and the Consumer Product Safety Commission (CPSC). Certain products may require an ATF license or permit for purchase, storage, or transportation. Buyers must also comply with DOT regulations regarding hazardous materials, including transportation, handling, and labeling. Additionally, the CPSC enforces safety standards for consumer fireworks, and customers must ensure that any products purchased comply with federal regulations. We do not verify whether a customer meets these regulatory requirements and do not assume responsibility for any issues arising from non-compliance.

While federal law may permit the sale of consumer fireworks, individual states, counties, and cities may impose additional restrictions. Buyers are solely responsible for confirming and adhering to all applicable laws, including requirements related to product types, storage, sales permits, tax collection, and transportation. Additionally, certain municipalities within fireworks-legal states may prohibit sales or impose additional regulatory requirements. We do not ship to California, Delaware, Massachusetts, Maryland, New Jersey, New York, Oregon, Hawaii, Alaska, or Washington, DC. If an order is delayed, confiscated, or refused due to state or local restrictions, we will not issue a refund or assume liability for any resulting legal or financial consequences.

To ensure secure transactions and prevent unauthorized purchases, all wholesale customers must undergo a verification process before placing an order. Customers must complete a wholesale application and submit verifiable business information. Business ownership must be confirmed, and a valid government-issued photo ID, such as a driver’s license or passport, must be provided. Additional documentation, such as proof of business location, lease agreements, or past purchase records, may be required for account approval. We may request further verification at our discretion, including additional background checks or video verification for high-volume buyers. However, once an account is approved, it is the customer’s responsibility to ensure that they remain compliant with regulatory requirements, and we do not monitor or enforce continued adherence to such requirements.

If a customer provides false documentation, misrepresents their business, engages in unauthorized resale, or violates state or federal regulations, we reserve the right to suspend or terminate the account, cancel pending orders, or report the matter to regulatory authorities. Any attempt to engage in unauthorized activities, such as exporting fireworks without proper authorization, selling in restricted jurisdictions, or failing to comply with federal hazardous materials regulations, may result in additional action as necessary. However, beyond the initial verification and approval process, we do not assume responsibility for monitoring or enforcing compliance with federal, state, or local laws.

By submitting a wholesale application or placing an order, the customer acknowledges that they have reviewed and understand the requirements for purchasing and reselling fireworks. Customers accept full responsibility for ensuring that they meet all applicable licensing and regulatory requirements. We do not assume liability for any legal, financial, or operational consequences resulting from a customer’s failure to comply with fireworks regulations. Once an order has been placed, it is the customer’s duty to verify that they are authorized to take possession of and distribute the products. Failure to review or understand these requirements does not exempt the customer from responsibility.

2. TERMS OF USE

By accessing our website, submitting an application, or making a purchase, you acknowledge and agree to abide by the following terms regarding the use of our website, content, intellectual property, and compliance with all applicable regulations. Any violation of these terms may result in immediate suspension or termination of your wholesale account, denial of service, legal action, or other remedies deemed necessary to protect our business interests.

2.1 Website Access and Restrictions

Access to our website and wholesale platform is granted strictly for the purpose of applying for a wholesale account, reviewing product information, and conducting lawful business transactions. Unauthorized use, exploitation, or manipulation of our website, its contents, or related systems is strictly prohibited. You are expressly prohibited from:

• Modifying, copying, distributing, republishing, transmitting, or creating derivative works based on any materials found on our website, including product images, descriptions, videos, pricing, and sales information.
• Engaging in any form of data scraping, data mining, or automated access methods to extract information from our website, including but not limited to the use of bots, crawlers, or artificial intelligence-driven algorithms to collect pricing, inventory, or customer data.

Attempting to bypass, disable, or interfere with any security features, access controls, or firewalls implemented to protect our website and customer data.

We reserve the right to restrict or terminate access to our website or any affiliated services at our sole discretion, without prior notice, if we suspect misuse, fraudulent activity, or unauthorized access attempts.

2.2 Intellectual Property Rights

All content on our website, including but not limited to trademarks, trade names, logos, text, images, videos, graphics, website design, and proprietary software, is the exclusive property of Elite Fireworks. No license, express or implied, is granted to any user to modify, reproduce, republish, or distribute our intellectual property in any form without prior written consent.

You are prohibited from:

• Using our brand name, logo, or any other intellectual property in a manner that may cause confusion, misrepresentation, or damage to our reputation.
• Registering any domain names, social media handles, or business names containing "Elite Fireworks" or any variations thereof.
• Claiming ownership, seeking patents, or attempting to commercially exploit any aspect of our business operations, trade secrets, product designs, marketing strategies, or sales methodologies.

Unauthorized use of our intellectual property may result in immediate legal action, including but not limited to injunctions, damages, and recovery of any unlawfully obtained profits.

2.3 Prohibition on Reverse Engineering and Unauthorized Use

To protect our proprietary technology, business strategies, and competitive advantages, you agree not to:

• Reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive the source code, pricing algorithms, product formulations, or operational data from our website or internal systems.
• Access or attempt to access any restricted, non-public areas of our website, databases, or order management systems without express authorization.
• Use our website, product catalog, or ordering system for any purpose other than conducting legitimate wholesale transactions with us.
• Introduce malware, spyware, or any other harmful software into our systems, attempt to overload our servers, or engage in activities that may disrupt our operations.

Any breach of these terms may result in immediate termination of service, reporting to relevant authorities, and legal action to recover damages.

2.4 Compliance with Fireworks Laws and Regulations

All users of our website and wholesale platform must comply with federal, state, and local laws regulating the possession, storage, sale, and transportation of fireworks. By using our services, you acknowledge and agree that:

• You are solely responsible for ensuring that your business is legally permitted to sell and distribute fireworks in your jurisdiction.
• You must obtain and maintain all necessary permits, licenses, and certifications required for your business operations.

• You may not engage in any unlawful activities involving the sale, resale, or transportation of fireworks, including selling to unlicensed individuals or illegally shipping to restricted states.

Failure to comply with applicable regulations may result in account termination, cancellation of pending orders, and potential legal consequences. We reserve the right to report any suspected illegal activity to federal and state authorities, including the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Department of Transportation (DOT).

2.5 Termination of Access and Enforcement

We reserve the right to suspend, terminate, or restrict your access to our website, wholesale account, or services if we determine, in our sole discretion, that you have violated any provision of these Terms of Use. Grounds for termination include, but are not limited to:

• Unauthorized use, reproduction, or distribution of our website content or intellectual property.
• Attempts to reverse engineer, extract, or manipulate proprietary data.
• Engaging in fraudulent transactions, misrepresenting your business, or failing to comply with fireworks regulations.
• Any action that threatens the security, integrity, or reputation of our business.

Upon termination, we may cancel any outstanding orders without refund, revoke wholesale privileges indefinitely, and pursue any necessary legal remedies to recover damages.

By continuing to use our website, applying for a wholesale account, or making purchases, you confirm that you understand and agree to abide by these Terms of Use. Failure to read or understand these terms does not exempt you from compliance.

3. PRICING & PAYMENT TERMS

All wholesale transactions are subject to the pricing and payment policies outlined in this section. By placing an order with us, you agree to the specified terms, including minimum order requirements, accepted payment methods, pricing policies, and fraud prevention measures. We reserve the right to refuse, suspend, or cancel any order that does not comply with these terms.

3.1 Minimum Order Requirement

Wholesale customers must meet a minimum purchase requirement of $1,000 per order to qualify for wholesale pricing and account privileges. Orders below this amount will not be processed. The minimum order threshold applies to all products and is subject to change at our sole discretion.

Certain bulk discount programs, promotional pricing, or volume-based incentives may be available for high-volume buyers. Eligibility for such programs is determined on a case-by-case basis and requires prior approval. Discounts cannot be combined unless explicitly stated in writing.

We reserve the right to modify the minimum order amount at any time without prior notice. Customers with repeated failed attempts to meet the minimum order requirement may have their wholesale account suspended or revoked.

3.2 Accepted Payment Methods

To ensure secure and efficient transactions, we accept the following payment methods for wholesale orders:

• ACH Transfers – Customers may submit payments via Automated Clearing House (ACH) transactions.
• Wire Transfers – Wire payments must be made in full, with all transaction fees covered by the sender. Orders will not be processed until funds are confirmed.
• Certified Checks – Payments by certified check must be issued from a recognized financial institution and cleared before orders are shipped.
• Credit/Debit Cards – We accept major credit and debit cards; however, processing fees may apply to offset transaction costs. Any fees are non-refundable.
• Cash – We accept cash for customers who chose to come and pay in-person at our facility.

All payments must be made in U.S. dollars. We do not accept personal checks, cash, or third-party payment services (such as PayPal, Venmo, or cryptocurrency transactions). Orders will not be released until full payment has been received and verified.

Any declined, reversed, or failed payments may result in order delays, additional processing fees, or account suspension. Customers are responsible for ensuring that sufficient funds are available for transactions.

3.3 Pricing, Quotes, and Adjustments

Wholesale pricing is based on market conditions, supply chain costs, and industry demand. All prices are subject to change without prior notice. We do not guarantee pricing until full payment has been received.

Any quotes or price estimates provided are valid only for the date they are issued. If an order is not completed within the specified timeframe, the price may be subject to adjustment based on current market rates. Customers requesting bulk orders or custom pricing must confirm details in writing before finalizing transactions.

We reserve the right to correct any pricing errors or miscalculations, even after an order has been placed. If a pricing discrepancy occurs, we will notify the customer as soon as possible. Customers may choose to proceed with the updated pricing or request an order cancellation before shipment.

Promotional discounts, seasonal pricing adjustments, or limited-time offers are available only to eligible customers and may require specific qualifications or volume thresholds. We reserve the right to deny any discount claims that do not meet stated criteria.

3.4 Chargebacks, Fraud Prevention, and Legal Enforcement

Customers are expected to first contact us directly to resolve any disputes related to their order before initiating a chargeback. Any unauthorized chargebacks or disputes filed with a financial institution without first allowing us the opportunity to resolve the issue may be considered a violation of these terms. If a chargeback is initiated without valid cause, we reserve the right to:

• Suspend or terminate the customer’s wholesale account.
• Cancel any pending orders without refund.
• Report fraudulent chargeback activity to the relevant financial institutions and legal authorities.
• Pursue legal action to recover funds, including chargeback fees, legal expenses, and any associated damages.

This policy is in place to ensure a fair dispute resolution process and to prevent the misuse of chargebacks as a method to circumvent agreed-upon terms.

3.5 Special Pricing and Payment Agreements

Unless otherwise agreed upon in writing, all wholesale customers are subject to the standard pricing, payment methods, and terms outlined in this section. Any exceptions to these terms, including custom pricing structures, extended payment terms, or volume-based discounts, must be approved directly by us on a case-by-case basis.

If a customer requires special consideration regarding pricing or payment terms, they must submit a written request detailing their circumstances. Such requests will be reviewed, and if approved, the terms will be documented in a formal agreement between us and the customer. This agreement will outline any modifications to standard policies, including revised payment schedules, exclusive pricing, or deferred payment arrangements.

Any special pricing or payment terms granted to a customer do not automatically apply to future transactions. Each request will be evaluated independently, and approvals for prior exceptions do not guarantee continued special terms. If a customer fails to adhere to any agreed-upon modified terms, we reserve the right to revoke the agreement, reinstate standard pricing and payment conditions, and take necessary actions, including suspension or termination of the wholesale account.

Unless a formal agreement has been made directly with us, all transactions will be governed by the standard pricing and payment policies outlined in this section. Customers should not assume any deviations from these terms unless explicitly confirmed in writing.

4. SHIPPING, DELIVERY & LIABILITY

All shipments are subject to strict regulations regarding transportation, handling, and risk of loss. By placing an order, you acknowledge and accept full responsibility for ensuring that your delivery complies with all applicable laws and that proper procedures are followed upon receipt of your shipment. Elite Fireworks assumes no liability for delays, damages, or losses beyond what is outlined in this section.

4.1 Shipping Compliance

All shipments are made on an FOB (Freight on Board) basis from our warehouse. This means that once the shipment is picked up by the carrier, title and risk of loss are transferred to the customer. We are not responsible for any loss, damage, theft, seizure, or delays that occur while the shipment is in transit. It is the customer’s responsibility to track their shipment and coordinate with the carrier for any issues that may arise during transportation.

Customers must ensure that their delivery address is legally authorized to receive shipments of fireworks. Fireworks regulations vary by state, county, and municipality, and it is solely the customer’s duty to confirm that their delivery location complies with all federal, state, and local laws. We do not monitor or verify whether a customer’s shipping address is legally permitted to receive fireworks. Any shipments that are rejected, confiscated, or returned due to non-compliance will not be refunded, and any associated costs will be the responsibility of the customer.

Due to strict fireworks regulations, we do not ship to the following states: California, Delaware, Massachusetts, New Jersey, New York, Oregon, Hawaii, Alaska, and Washington, DC. Any orders placed for delivery to these states will be automatically canceled. Customers located in restricted states are prohibited from using third-party freight forwarding services or alternative addresses to circumvent shipping restrictions. If we determine that a customer has attempted to violate this policy, their account may be permanently terminated, and legal action may be pursued.

4.2 Freight & Handling

All shipments require an adult signature upon delivery to ensure that fireworks are received by an authorized individual. Carriers are instructed not to leave packages unattended or release them to minors. Customers must make necessary arrangements to accept their shipment at the designated delivery location. If a shipment is returned due to failure to provide an authorized recipient, the customer will be responsible for any additional shipping and restocking fees.

We offer two primary delivery options: freight terminal pickup and direct commercial address delivery. Freight terminal pickup allows customers to collect their shipment from the nearest designated freight terminal, which may be a preferred option for smaller orders or businesses without the capability to receive large freight deliveries. Direct delivery to a commercial address is available but subject to carrier availability and access requirements. If a commercial address does not have the necessary unloading equipment, such as a forklift or loading dock, additional fees for liftgate services may apply.

For shipments in which we quote the freight cost, the customer assumes all responsibilities once the order has been picked up by the freight carrier. We obtain the shipping quote and pass the cost to the customer, including standard freight charges, fuel surcharges, and hazardous material fees. Fireworks are classified as hazardous materials under U.S. Department of Transportation regulations, which imposes additional handling fees. These fees are non-negotiable and will be included in the total shipping cost at checkout.

The final freight cost is determined after we have palletized the order and obtained a quote from the carrier. While we strive to provide an accurate estimate at the time of order placement, freight rates are subject to change due to fluctuations in carrier pricing, fuel surcharges, or unforeseen circumstances. If the actual shipping cost exceeds the originally quoted amount, we reserve the right to request payment of the difference before releasing the order for shipment. Customers will be notified of any discrepancies and must submit payment promptly to avoid delays.

Any unforeseen shipping delays due to regulatory inspections, weather conditions, or carrier-related issues are beyond our control, and we are not responsible for any resulting losses or inconveniences. Customers acknowledge that freight rates may fluctuate, and they agree to cover any additional shipping costs if required.

4.3 Customer-Arranged Shipping & Pickup

Wholesale customers have the option to arrange their own shipment instead of using the shipping services for which we provide a freight quote. Customers choosing this option assume full responsibility for the transportation of their order and must adhere to all regulations governing the handling and transportation of fireworks. Once the order has left our facility, we assume no liability for the shipment, and the customer is solely responsible for any issues that arise during transit.

Customers arranging their own shipment have two options:

Customers may pick up their order directly from our warehouse. By choosing this option, the customer is assuming full responsibility for the transportation of hazardous materials, including compliance with all U.S. Department of Transportation (USDOT) regulations. Customers must ensure they have the appropriate vehicle, storage, permits, and any required hazardous material placards for legal and safe transport. If a customer is not familiar with or does not comply with USDOT requirements, they may be subject to regulatory penalties or shipment refusal at their destination. We do not provide guidance, assume responsibility, or accept liability for the customer's compliance with transportation laws when they elect to pick up their order themselves. Upon request, we will provide the necessary hazardous material placards for transportation.

Customers may hire a third-party freight carrier or logistics company to pick up their order from our facility. The chosen carrier must be hazmat-certified and compliant with all USDOT regulations regarding the transport of fireworks. The customer is responsible for coordinating with their carrier, scheduling the pickup, providing the necessary shipping documentation, and ensuring the carrier meets all legal requirements. We do not verify or take responsibility for a customer’s selected freight carrier, nor do we intervene in disputes or delays related to their transportation provider.

For all customer-arranged shipments, the following requirements apply:

The customer must provide all necessary shipping documentation, including a bill of lading (BOL) and any required hazardous material placards or labels. Customers have the option to use the bill of lading that we provide or, if they have their own structure, they may submit their own. If the customer chooses to use their own bill of lading, they must provide it to us in advance so that we can ensure all proper documentation, hazardous material stickers, and regulatory markings are applied to the pallet before it leaves our facility. The customer or their designated carrier is responsible for ensuring full compliance with applicable regulations.

Once the order is picked up, all risk of loss, damage, or delay transfers to the customer. We are not responsible for any issues that arise during transit, including carrier-related delays, damage, or loss. Any claims related to damage, loss, or carrier errors must be handled directly by the customer and their chosen freight provider.

Failure to provide the necessary documentation or comply with safety and transportation requirements may result in delays or refusal of release. Customers selecting this option must ensure their carrier is properly licensed and experienced in handling hazardous materials. If a customer fails to retrieve their order within a reasonable timeframe, we reserve the right to impose storage fees or cancel the order without a refund.

By choosing to arrange their own shipping, whether through self-pickup or a third-party carrier, customers acknowledge and accept full liability for their shipment and release us from any responsibility once the order has left our facility.

4.4 Damage & Loss Claims

It is the customer’s responsibility to inspect all shipments immediately upon delivery to ensure that the order is complete and that there is no visible damage to the packaging or contents. If any damages are observed, they must be clearly noted on the carrier’s delivery receipt before signing for the shipment. Failure to document damages at the time of delivery may result in the claim being denied.

We are not responsible for lost, stolen, or damaged merchandise once it leaves our warehouse. If an issue arises during transit, the customer must file a claim directly with the carrier. However, we may assist in providing supporting documentation for such claims at our discretion.

Claims for damages must be submitted within 48 hours of delivery and must include clear photographic evidence of both the damaged products and the external shipping packaging. If a damage claim is not submitted within this timeframe, the customer waives their right to any compensation, replacement, or refund. Claims should be emailed to our customer service team with a description of the issue, order details, and all necessary supporting documentation.

If a customer arranges their own shipping through a third-party carrier or chooses to pick up the order themselves, all responsibility for the shipment transfers to them upon pickup. We are not liable for any damage, loss, or mismanagement by the customer’s chosen carrier. Any damage claim in such cases must be handled directly between the customer and their freight provider.

In the event of a shipping discrepancy, such as missing items or incorrect products received, the customer must notify us within 48 hours of delivery. If a discrepancy is confirmed, we will take appropriate action to resolve the issue, which may include issuing replacements, store credit, or other corrective measures at our discretion.

Any claim disputes will be handled on a case-by-case basis. Customers found to have made fraudulent or exaggerated claims may have their wholesale account permanently revoked and may be subject to legal action.

By placing a wholesale order, the customer acknowledges that they have read and understood the shipping, delivery, and liability terms and accepts all responsibilities outlined in this section.

4.5 Refused & Undeliverable Shipments

Customers are responsible for ensuring that shipments can be received at the designated delivery address. If a shipment is refused upon delivery or deemed undeliverable due to incorrect address information, failure to meet carrier requirements, or inability to accept the shipment, the following conditions apply:

• The customer will be responsible for any return freight costs, re-delivery fees, and applicable storage fees.
• If the order is returned to our facility and the customer requests re-shipment, the customer must pay all associated shipping costs before the order is released again.
• If a refused or undeliverable shipment is not resolved within 14, we reserve the right to cancel the order without refund for shipping cost and may impost return fee.

We are not responsible for additional costs or delays resulting from a customer’s failure to ensure proper delivery arrangements.

4.6 Carrier Delays & Force Majeure

Once an order is picked up by the carrier, we are no longer responsible for delays caused by unforeseen circumstances, including but not limited to:

• Weather-related disruptions
• Carrier labor strikes or shortages
• Government inspections, regulatory holds, or customs clearance delays
• Accidents, natural disasters, or other force majeure events

Any estimated delivery times provided at the time of purchase are for reference only and are not guaranteed. Customers must work directly with the carrier to resolve delays, and no refunds or compensation will be issued due to carrier-related issues.

4.7 Compliance with Carrier & Shipping Regulations

Customers are responsible for ensuring that their shipment complies with all applicable carrier and regulatory requirements. Fireworks are classified as hazardous materials and must be handled in accordance with U.S. Department of Transportation (USDOT) and carrier-specific policies. Failure to comply with carrier policies may result in delays, additional charges, or refusal of the shipment.

For customer-arranged shipments, customers must verify that their chosen carrier is properly licensed and equipped to transport hazardous materials. If a carrier refuses to accept the shipment due to non-compliance with regulatory or documentation requirements, the customer will be responsible for any costs associated with re-scheduling, re-packaging, or modifying the shipment.

4.8 Customer Responsibilities After Shipment

Once an order has left our facility, it is the customer’s responsibility to:

• Track the shipment using the carrier’s tracking system. We will provide tracking number for orders we booked the freight.
• Ensure that someone is available to receive and sign for the delivery.
• Report any shipment issues, including damages or discrepancies, within 48 hours of receipt.
• Work directly with the carrier for any lost, stolen, or delayed shipments.

5. RETURNS, REFUNDS & CANCELLATIONS

All wholesale transactions are final once an order has been placed and processed. Due to the nature of fireworks and the strict regulatory requirements governing their storage, handling, and transportation, we do not accept returns, issue refunds, or allow exchanges under any circumstances. Customers are expected to review their order carefully before completing a purchase to ensure accuracy.

5.1 Order Cancellations

Once an order has been processed, cancellations are not permitted. Orders are considered final once payment has been received and processing has begun. Fireworks are classified as hazardous materials and require specific handling and shipping arrangements, which cannot be reversed once the order is in motion. If a customer requests cancellation before processing begins, we may, at our sole discretion, allow cancellation with or without a restocking fee. However, we are under no obligation to grant cancellation requests, and customers should assume that all orders are non-cancellable.

5.2 Refused Shipments & Delivery Failures

If a customer refuses delivery for any reason, no refunds will be issued, and the customer will be responsible for all reshipment costs, including additional freight charges, storage fees, and hazardous material handling fees. If a refused order is returned to our facility, we will inspect the merchandise upon receipt.

If the products are in resellable condition, we may, at our sole discretion, return the items to inventory. In such cases, the customer may receive a credit for the value of the resellable products, minus all applicable shipping, handling, and storage fees. However, if any portion of the returned shipment is damaged, compromised, or otherwise unsellable, the cost of those items will be deducted from the total credit amount. No credit will be issued for damaged or unsellable products.

Shipments deemed undeliverable due to incorrect address information, failure to meet carrier requirements, or inability to accept delivery will also be considered a refusal. In such cases, any additional fees incurred, including return shipping, re-delivery charges, or storage costs, will be billed to the customer before any further shipping arrangements are made. If the issue is not resolved within a reasonable timeframe, we reserve the right to cancel the order without refund.

Any credit issued under these circumstances is provided at our sole discretion and may only be applied toward a future purchase. No cash refunds will be granted. Customers are strongly encouraged to verify their shipping details and ensure that someone is available to receive their shipment to avoid unnecessary costs.

5.4 Incorrect Orders & Shipping Discrepancies

If an order is received with incorrect or missing items, the customer must notify us within 48 hours of delivery. If we confirm the discrepancy, we will take appropriate action, which may include issuing replacements, store credit, or other corrective measures at our discretion. We do not provide refunds for shipping errors, and resolution will be handled on a case-by-case basis.

5.4 Restocking Fees & Disposal of Unclaimed Merchandise

In situations where we allow a cancellation before shipment, a restocking fee of up to 10% of the total order value may apply to cover handling, administrative, and storage costs. The exact amount will be determined based on order size and processing stage. Restocking fees are non-negotiable and must be paid before any cancellation is processed.

If an order remains unclaimed at our facility for more than 30 days from the scheduled pickup or shipping date, we reserve the right to cancel the order. A 25% fee will be deducted from the total order value to cover storage, handling, and administrative costs. The remaining 75% of the original payment will be issued as a credit to the customer's account, which may be applied toward a future purchase. No cash refunds will be provided.

The restocking fee is necessary due to the additional costs associated with warehouse space, administrative processing, and inventory management. Customers are encouraged to arrange for timely pickup or shipment to avoid unnecessary fees and loss of inventory.

5.5 Non-Transferability of Orders & Credits

Orders placed with us are intended for the original purchasing business and cannot be transferred, reassigned, or resold to another party without prior written approval. Store credits issued under special circumstances, such as approved damage claims, are non-transferable and may only be used by the original purchasing business. Store credits are also valid only for a limited time and must be used within 720 days from the date of issuance.

5.6 No Returns on Seasonal or Clearance Merchandise

All sales of seasonal fireworks, clearance items, or specially discounted products are final. These items are sold as-is and are not eligible for replacement, store credit, or exchange under any circumstances. Customers are advised to inspect their order before finalizing their purchase to ensure it meets their needs.

5.7 Fraudulent Claims & Abuse of Return Policies

Customers found to be submitting fraudulent claims, such as falsely reporting damage, exaggerating losses, or attempting to return non-purchased items, may face account termination, forfeiture of any future store credit, and possible legal action. We reserve the right to investigate all claims and request additional supporting documentation as necessary.

5.8 Customer Responsibilities

By placing a wholesale order, the customer acknowledges and agrees to the following:

• All sales are final, and no returns, refunds, or exchanges will be granted.
• Orders must be reviewed for accuracy before payment and processing.
• The customer is responsible for providing a valid shipping address and ensuring someone is available to accept the order.
• Any claims for damaged, missing, or incorrect items must be submitted within 48 hours of delivery with proper documentation.
• If an order is refused, undeliverable, or abandoned, the customer remains liable for all associated costs.

By proceeding with a wholesale purchase, customers accept full responsibility for their order and waive any right to request returns, refunds, or cancellations outside of the limited exceptions outlined above.

6. CUSTOMER RESPONSIBILITIES

Wholesale customers are responsible for ensuring that their business operations, including the purchase, storage, sale, and transportation of fireworks, comply with all applicable laws and regulations. By purchasing from us, customers acknowledge that they assume full liability for their products once they take possession and that we do not monitor or enforce compliance beyond our own business practices.

6.1 Compliance with Laws and Regulations

Customers must ensure they are fully compliant with all federal, state, and local laws governing the sale, transportation, storage, and resale of fireworks. This includes, but is not limited to, obtaining and maintaining all necessary business licenses, sales tax permits, resale certificates, and any additional state or municipal permits required for operating their business.

We do not verify whether a customer remains in compliance after account approval. It is solely the customer’s responsibility to remain up to date on fireworks laws, zoning restrictions, and hazardous materials regulations applicable to their jurisdiction. Any violations, penalties, or legal consequences arising from non-compliance are the full responsibility of the customer.

Customers are also responsible for ensuring that they only sell fireworks to legally permitted individuals or businesses. We are not liable for any misuse, illegal sales, or unauthorized distribution of fireworks once they leave our facility.

6.2 Safe Storage and Handling of Fireworks

Customers must ensure that all fireworks are properly stored in accordance with NFPA 1124 standards and all applicable state and local fire codes. This includes storing fireworks in a secure, dry, and well-ventilated facility, away from heat sources, open flames, or any other hazards that could compromise product safety.

Fireworks must be stored in a manner that prevents unauthorized access. Customers are responsible for securing their inventory against theft, tampering, or improper handling. Any damage, accidents, or incidents resulting from improper storage or handling are solely the responsibility of the customer.

6.3 Transportation of Fireworks

Customers who transport fireworks must comply with U.S. Department of Transportation hazardous materials regulations. This includes ensuring that fireworks are properly labeled, packaged, and transported in compliance with all federal, state, and local laws governing the movement of hazardous materials.

If a customer picks up their order directly from our facility, they assume full responsibility for ensuring that their vehicle meets all U.S. Department of Transportation transportation requirements. If a customer hires a third-party carrier, they are responsible for ensuring that the carrier is properly certified to transport hazardous materials. We are not responsible for any fines, penalties, or legal issues arising from the improper transport of fireworks after they leave our facility.

6.4 Resale Restrictions and Responsibilities

Fireworks purchased from us may not be rebranded, repackaged, or modified without written approval. Customers may only resell fireworks under the original manufacturer branding and must ensure that they accurately represent the product to their buyers.

Customers may not distribute, sell, or transport fireworks into restricted states, counties, or municipalities where fireworks sales are prohibited. If a customer sells fireworks in a jurisdiction where they are illegal, they assume all legal risks and consequences. We are not liable for any enforcement actions, fines, or penalties associated with the unlawful resale of our products.

6.5 Fraud Prevention and Account Integrity

All information provided during the wholesale application process and subsequent transactions must be truthful and accurate. Customers may not use fraudulent, altered, or misleading business licenses, resale certificates, or permits to obtain wholesale privileges. Any attempt to misrepresent business ownership, location, or compliance status may result in account suspension or termination.

We reserve the right to audit customer accounts, request updated business documentation, or deny transactions if we suspect fraud, misuse, or regulatory non-compliance. Customers found engaging in deceptive business practices may be banned from future transactions and reported to the appropriate authorities.

6.6 Liability and Indemnification

By purchasing from us, customers accept full responsibility for any and all risks associated with the sale, storage, and transportation of fireworks. Customers agree to indemnify and hold us, our officers, employees, and affiliates harmless from any claims, damages, legal actions, fines, or penalties that arise from the misuse, improper sale, illegal transport, or unsafe storage of our products.

Customers assume all liability for accidents, injuries, property damage, or legal disputes arising from the handling or resale of fireworks. We do not accept responsibility for third-party claims, consumer injuries, or legal violations resulting from the actions of our wholesale customers.

By placing an order, the customer acknowledges and agrees to these responsibilities. Failure to comply with these terms may result in account termination, order cancellations, or refusal of future service. Customers are encouraged to stay informed about all applicable laws and best practices for the safe and legal sale of fireworks.

7. LIABILITY LIMITATIONS & INDEMNIFICATION

Fireworks are regulated products that require responsible handling, storage, and distribution. By purchasing from us, customers acknowledge that they are engaged in the resale, distribution, or wholesale trade of consumer fireworks and that they are responsible for ensuring compliance with applicable laws and safety standards. While we strive to provide high-quality products and accurate descriptions, we cannot guarantee the specific performance or suitability of any product beyond what is explicitly stated in our materials.

Customers assume responsibility for ensuring that fireworks are handled, stored, and resold in accordance with all applicable regulations and agree that we are not liable for incidents, damages, or claims arising from their use or sale.

7.1 No Warranties

All products are sold as-is, without any warranties, expressed or implied. This includes, but is not limited to:

• Merchantability or fitness for a particular purpose, including suitability for resale, specific performance, or commercial use.
• Compliance with any state or local laws regulating the possession, transportation, storage, or resale of fireworks. Customers are responsible for ensuring that any products they purchase comply with their jurisdiction’s legal requirements.
• Performance factors such as color, height, duration, or effect patterns. Variations may occur due to environmental conditions, handling, or manufacturer differences, and we do not guarantee identical results for every unit.

We make no assurances beyond what is explicitly stated in our product descriptions. It is the customer’s responsibility to verify that our products meet their needs before purchase.

7.2 Limitation of Liability

To the extent permitted by law, we shall not be liable for any direct, indirect, incidental, or consequential damages related to the purchase, resale, storage, or transportation of fireworks, including but not limited to:

• Injuries, burns, or accidents resulting from improper handling or use.
• Damage to property caused by ignition, transportation, or storage.
• Business losses, including lost revenue or regulatory actions that impact the sale or transportation of fireworks.
• Legal claims, fines, or penalties imposed by authorities due to non-compliance with regulations.

Our maximum liability for any claim related to the purchase or use of our products is strictly limited to the total amount paid for the specific order in dispute. Under no circumstances will we be responsible for any amount exceeding the purchase price of the affected items, regardless of the claim’s nature.

7.3 Indemnification

Customers agree to indemnify and hold us, our employees, and our affiliates harmless from any claims, losses, damages, or legal expenses arising from the use, resale, storage, or transportation of fireworks. This includes but is not limited to:

• Third-party claims related to injuries, property damage, or accidents involving the fireworks after they leave our possession.
• Any regulatory enforcement actions, fines, or legal disputes associated with the resale, handling, or transportation of fireworks.
• Non-compliance with hazardous materials laws, including storage, display, and transportation requirements.

This indemnification extends to employees, contractors, end customers, and third parties involved in handling or distributing the fireworks. Customers are responsible for ensuring that their buyers are informed of proper safety precautions.

7.4 Assumption of Risk

While we supply fireworks for lawful resale, customers acknowledge that these are explosive and flammable materials requiring proper handling. Customers assume all risks associated with:

• Ensuring that fireworks are stored securely and in compliance with local fire and safety codes.
• Verifying that all sales comply with local, state, and federal laws.
• Preventing unauthorized access to fireworks, including theft or misuse.
• Training employees or staff on proper handling and safety procedures.

Customers understand that failure to follow safety standards or legal requirements may result in serious consequences, and they assume responsibility for ensuring that all necessary precautions are taken.

7.5 No Responsibility for Third-Party Actions

We are not responsible for any issues, claims, or liabilities arising from the actions of third parties, including:

• Freight carriers responsible for transporting fireworks after the order leaves our facility.
• End consumers or retail customers who purchase fireworks from wholesale buyers.
• Regulatory agencies that impose restrictions, penalties, or changes in compliance requirements.
• Vendors, contractors, or business partners engaged by the customer to distribute or handle fireworks.

Once the fireworks leave our facility, the customer assumes full responsibility for all handling, transportation, and resale obligations.

7.6 Waiver of Liability

Customers agree that we cannot be held liable for:

• Any injuries, damages, or legal actions resulting from the improper use, sale, or handling of fireworks after purchase.
• Business interruptions, financial losses, or regulatory actions affecting sales or distribution.
• Changes in legal requirements, enforcement measures, or supply chain conditions beyond our control.

7.7 Survival of Terms

All provisions in this section remain in effect even after the completion of a transaction or the termination of the business relationship. These terms continue to apply to any past purchases, ensuring that we remain protected from future claims.

By placing an order, customers confirm that they understand, acknowledge, and agree to these terms. Those who do not agree must refrain from purchasing or handling our products.

8. INTELLECTUAL PROPERTY & TRADEMARKS

All trademarks, logos, brand names, product images, packaging designs, marketing materials, and other proprietary content related to our products are the exclusive property of Elite Fireworks. Unauthorized use, duplication, alteration, or misrepresentation of any of these assets is strictly prohibited. Customers are not permitted to modify, rebrand, or use our intellectual property in any manner that could create confusion, misrepresent ownership, or mislead consumers.

Customers who wish to use our product images, brand logos, marketing materials, or other related intellectual property for advertising, resale, or promotional purposes may request access to these assets. We will provide such materials only for products for which we have the legal authority to distribute intellectual property rights, including those under our own branding. These materials, if available, may be provided via email upon request or through direct download from the files we make available.

Any materials provided to customers are granted on a limited, non-exclusive basis for the sole purpose of marketing and selling the respective products. Customers are prohibited from using these materials in any way that:

• Suggests a false affiliation, sponsorship, or endorsement beyond the buyer-seller relationship.
• Modifies, alters, or misrepresents the original product branding.
• Uses our trademarks, logos, or designs in connection with unauthorized, competing, or counterfeit products.
• Violates federal, state, or local laws regarding advertising, branding, or intellectual property rights.
• Creates a misleading impression that the customer still carries, sells, or has access to our products when they do not.

If a customer has not purchased a specific product from us within the past 12 months and no longer has that product in inventory, they are prohibited from continuing to use our logos, product images, or branding in any advertisements, online listings, or promotional materials. This includes, but is not limited to, website listings, social media posts, printed advertisements, or any form of customer communication. The continued use of our brand materials without stocking our products may mislead customers and is strictly prohibited.

We reserve the right to revoke access to any provided intellectual property materials at any time if we determine that the customer has used them improperly or in violation of these terms. Any unauthorized use of our branding, logos, or proprietary materials may result in legal action, including claims for trademark infringement and damages.

By requesting or using any of our intellectual property materials, customers acknowledge and agree to these terms. If a customer is uncertain about whether a specific use of our intellectual property is permitted, they must obtain written approval from us before proceeding.

9. GOVERNING LAW & DISPUTE RESOLUTION

All transactions, agreements, and any disputes arising between us and wholesale customers shall be governed by the laws of the State of Texas, without regard to any conflict of law provisions that might otherwise apply the laws of another jurisdiction. By engaging in business with us, customers acknowledge that any legal matters must be resolved under Texas law and that claims cannot be pursued under the laws of another state.

We strive to resolve any concerns or disputes amicably and in good faith. If a dispute arises regarding these terms, the parties agree to first attempt to resolve the matter informally through direct communication and negotiation. If the issue cannot be resolved informally within a reasonable timeframe, it shall be settled exclusively through binding arbitration in Houston, Texas, under the rules of the American Arbitration Association (AAA). Arbitration provides a faster and more cost-effective alternative to traditional litigation.

If arbitration is deemed unenforceable or if both parties do not mutually agree to arbitration, we reserve the right to pursue legal action in a court of law. Any such legal proceedings shall take place in a state or federal court located in Harris County, Texas, and both parties consent to the jurisdiction of these courts.

If a dispute results in arbitration or any permitted legal action, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs, provided such recovery is permitted under applicable law. However, each party shall initially bear its own legal expenses during the arbitration process.

If either party does not agree to arbitration or if arbitration is deemed unenforceable for any reason, we reserve the right to pursue legal action in a court of law. Any such legal proceedings shall take place in a state or federal court located in Harris County, Texas, and both parties consent to the jurisdiction of these courts.

This section is designed to ensure a fair, efficient, and cost-effective resolution for both parties while protecting the rights of all involved.

10. MODIFICATIONS & TERMINATION OF SERVICE

We reserve the right to modify, update, or change these terms at any time. Continued use of our services, including placing orders or maintaining an active wholesale account, constitutes acceptance of any revised terms. If a customer disagrees with any updates, their only recourse is to discontinue their wholesale account and cease doing business with us.

We reserve the right to suspend or terminate any wholesale account at our sole discretion. Reasons for termination may include, but are not limited to:

• Violation of these terms, including non-compliance with legal, payment, or shipping obligations.
• Fraudulent activity, misrepresentation of business details, or unauthorized resale.
• Any actions deemed harmful to our business, reputation, or intellectual property rights.

In the event of an account termination, any outstanding balances must still be paid in full, and any pending orders may be canceled without refund at our discretion.

11. PRIVACT & COMMUNICATION CONSENT

By submitting a wholesale application or making a purchase, customers consent to being contacted via email, phone, or SMS for purposes including, but not limited to:

• Order confirmations, status updates, and shipping notifications
• Inventory updates, new product releases, and pricing adjustments
• Exclusive promotions, wholesale discounts, and business announcements

We take customer privacy seriously and will use personal and business information only for internal business purposes, in compliance with applicable privacy laws. Customer information will not be sold or shared with third parties for marketing purposes.

Customers may opt-out of non-essential communications by emailing hello@elitefireworks.us with the subject line "Opt-Out." However, opting out may limit our ability to provide critical service updates, including order tracking, shipment details, and policy changes. Customers who opt out of communications acknowledge that they are responsible for staying informed about updates to our terms and services.

12. CONTACT INFORMATION

For any inquiries related to these terms or wholesale account matters, customers may contact us at:

Elite Fireworks LLC

4203 Greenhouse Rd, Houston, TX 77084

Email: hello@elitefireworks.us

Phone: (346) 706 - 7080

By submitting a wholesale application or placing an order, customers confirm that they have read, understood, and agreed to these terms and conditions in their entirety. Customers who fail to comply with these terms may have their accounts suspended or terminated at our discretion.

ELITE FIREWORKS® RETAIL TERMS & CONDITIONS

Effective Date: Jan. 1, 2025

These Retail Terms & Conditions ("Terms") govern all purchases made by customers ("you" or "your") at Elite Fireworks LLC’s physical retail store at 4203 Greenhouse Rd., Houston, Texas, and any affiliated satellite locations ("stands"). By entering our premises, making a purchase, or engaging with any of our products or services, you acknowledge and agree to these Terms. If you do not agree, do not proceed with a purchase.

1. LEGAL COMPLIANCE & PURCHASER ELIGIBILITY

Fireworks are regulated by federal, state, and local laws. By purchasing from Elite Fireworks, you affirm that:

You are 16 years of age or older.

You are purchasing fireworks for lawful use in accordance with local laws where you intend to possess or use them.

You assume full legal responsibility for possession, transport, storage, and use after the point of sale.

We do not verify the legality of fireworks use in your jurisdiction. It is your sole responsibility to ensure compliance with applicable laws. We disclaim all liability for any misuse or illegal transport or use of fireworks once the transaction is complete.

2. ALL SALES FINAL

Due to the nature of consumer fireworks and their classification as hazardous materials:

All sales are final.

We do not accept returns, exchanges, or provide refunds under any circumstances.

Customers are encouraged to inspect items before leaving the store.

3. RISK ASSUMPTION & SAFETY

By purchasing from us, you acknowledge:

Fireworks are inherently dangerous if misused.

You will read and follow all warning labels and safety instructions.

You will store products securely, away from children and ignition sources.

You understand the risks of fire, injury, or death from improper handling.

Elite Fireworks is not liable for any damages, injuries, or deaths resulting from the use or misuse of its products.

4. PROHIBITED USE

Per Texas law (Occupations Code 2154.251), customers may NOT:

Ignite fireworks within 600 feet of a church, hospital (excluding veterinary), licensed child care center, or any school.

Sell, ignite, or explode fireworks within 100 feet of a location where flammable liquids or compressed gases are stored.

Ignite fireworks within 100 feet of a fireworks stand or storage location.

Ignite fireworks in or from a motor vehicle.

Throw or place ignited fireworks into a vehicle.

Violation of these provisions may result in removal from the premises and legal consequences.

5. CUSTOMER SAFETY GUIDELINES

The following safety guidelines must be observed by all retail customers. The official consumer firework safety standards adopted by Elite Fireworks:

Buy Only Texas-Approved Fireworks: Only use fireworks that are classified as Texas Permissible Fireworks, purchased from licensed retail sellers.

Use on Authorized Property Only: Use fireworks only on private property you own or where you have explicit permission. Do not use them on public roads, parks, or restricted areas.

Wear Protective Equipment: Always wear safety glasses, ear protection, gloves, and non-flammable clothing when lighting fireworks.

Maintain a Safe Area: Only use fireworks outdoors, in a clear, flat area away from homes, dry grass, trees, flammable liquids, or debris.

Have Fire Safety Measures Ready: Keep a hose, water bucket, or fire extinguisher nearby at all times. Always act quickly in case of a fire.

Respect the Law and Fire Conditions: Check for local fire bans, burn bans, or weather advisories before using any fireworks. Do not light fireworks during dry or windy conditions.

Limit Handling to Adults: Only individuals 16 or older should handle fireworks. Keep all unused fireworks and ignition sources away from children.

Light One at a Time: Light only one firework at a time and move away quickly. Never attempt to relight a “dud.” Wait at least 20 minutes before soaking it in water.

Do Not Modify Fireworks: Never attempt to alter or combine fireworks. Use them exactly as the manufacturer intended.

Clean Up After Use: After your display, clean up all firework debris and soak used fireworks in water before disposal.

Stay Sober: Do not use fireworks under the influence of alcohol, drugs, or any impairing substance.

Be Respectful: Avoid using fireworks late at night or near sensitive areas. Be mindful of neighbors, pets, veterans, and livestock.

Failure to follow these guidelines may result in injury or legal consequences. Elite Fireworks is not liable for accidents caused by customer negligence, illegal use, or failure to follow these safety instructions.

For your safety and the safety of others:

Use only Texas-permissible fireworks.

Only use fireworks outdoors on your own property or where permitted.

Keep spectators at a safe distance and wear proper protective gear.

Have a water source or extinguisher nearby in case of fire.

Never relight "duds" — soak and dispose of them safely.

Clean up debris after use and secure unused items out of children’s reach.

Do not use fireworks under the influence of alcohol or drugs.

Always check local burn bans and fire conditions before igniting fireworks.

These guidelines are based on Elite Fireworks' published Fireworks Safety Guidelines.

7. NO WARRANTY OR GUARANTEES

Products are sold as-is. We do not guarantee:

Specific performance, effect height, duration, or noise level.

That items will be defect-free or error-free in performance.

8. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Elite Fireworks LLC will not be liable for:

Any personal injuries or property damage resulting from product use.

Legal violations stemming from illegal use, possession, or transportation of fireworks.

Losses due to weather, event cancellations, or failure to meet personal expectations.

Maximum liability for any claim shall not exceed the purchase price of the specific item(s) involved.

9. INTELLECTUAL PROPERTY

All brand names, logos, designs, packaging, and marketing materials are property of Elite Fireworks LLC. Use without express written permission is strictly prohibited.

10. IN-STORE VIDEO & PHOTO POLICY

For safety and intellectual property reasons, unauthorized video recording, photography, or live streaming within our premises is not permitted. We may record for security purposes and reserve the right to use footage for legal or marketing use.

11. GOVERNING LAW

These Terms are governed by the laws of the State of Texas. Any legal dispute arising from your purchase shall be brought exclusively in a court located in Harris County, Texas.

12. MODIFICATION OF TERMS

We may revise these Terms at any time without prior notice. The current version will be posted in-store and on our website. Continued shopping or engagement with us constitutes acceptance of any revised terms.

13. CONTACT INFORMATION

Elite Fireworks LLC

4203 Greenhouse Rd, Houston, TX 77084

Email: hello@elitefireworks.us

Phone: (346) 706-7080

By making a purchase at any Elite Fireworks retail location or stand, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.