TERMS AND CONDITIONS OF SALE

TERMS AND CONDITIONS OF SALE The following terms and conditions apply to all transactions between you, the customer, and Pea Soup Limited. By placing an order with us you indicate your acceptance of these terms and conditions. These Conditions shall take precedence over and exclude any other terms and conditions you seek to impose. If there is a conflict between the Specific Terms and these Conditions, these Conditions shall take precedence. Please read them carefully and print a copy for future reference. General These terms and conditions do not affect your statutory rights. To order goods through this website you must be at least 18 years of age. We will treat each order for goods as an offer by you to purchase the goods subject to these terms and conditions. Description of Goods All images, descriptive matter, specifications and advertising on our site are for the sole purpose of giving an approximate description of the goods. Full detailed specifications are available upon request. Colours or case design may be subject to change without notice. List Prices Wherever quoted, the list prices are like-for-like from the authorised product manufacturers or distributors in the UK if the item is bought via the internet or mail order and delivered to your address. The pricing information has either been made accessible by suppliers, manufacturers, retailers, publications, or been gathered from public-domain sources. However, we cannot guarantee the reliability and accuracy of the information published. All the actions taken by the user are the responsibility of the individual. Accuracy of Product Information All product specifications, images and other information published on our website have either been made accessible by suppliers, manufacturers, publications, publicists, or been gathered from public-domain sources. The intention of Pea Soup Ltd. is that all information on the website should be as accurate and up to date as possible. However, Pea Soup Ltd cannot guarantee the reliability or the accuracy of the information contained within its pages. All the actions taken by the user of the website are the responsibility of the individual. Payment and Price The total price payable for the goods will be stipulated at the time when you place your order whether or not the order has been confirmed. We will confirm if any adjustments need to be made to the price to take account of any increase in our supplier's prices, or the imposition of any taxes or duties, or if due to an error or omission the price published for the goods is wrong whether or not the order has been confirmed. We will inform you of the correct price and give you the opportunity to cancel the order. The cost of acquiring European Certificates of Origin, Arabic Certificates of Origin, Dangerous Goods Notes, certified invoices, test / calibration certification and other documentation and paperwork for the exportation or customs clearance of goods ordered are NOT included in the price of the product on the website or in quotations or proformas unless explicitly listed in said document. The cost of sending any documents, including those stated above, by courier are NOT included in the product price shown on the website or in any quotations or proformas unless explicitly listed in said document. We reserve the right to request payment for orders by bank funds transfer instead of payment by credit or debit card for any reason. We reserve the right to set a minimum order value for export orders. We reserve the right to charge a card processing fee on non-website orders placed by companies, organisations but not individuals. Refunds of orders (due to customer cancellation) that have been paid for by American Express card are subject to a 1.9% processing fee which is the charge we incur from AMEX which American Express do not refund when we refund customer cards. The prices on our website exclude UK VAT at 20%, if applicable. Residents in EC countries outside the UK who do not have a VAT registration number pay VAT at the UK rate of 20%. VAT registered customers outside the UK but within the EC would not be charged VAT, but they must provide evidence their VAT number. Residents in Non-EC countries e.g. America, Asia, Africa, etc. will NOT be charged VAT at all, so the price you see on the website is the price you would pay (excluding delivery). Account payers must pay within 30 days net of the invoice date. We reserve the right to charge interest on overdue accounts of 3% per month and to cancel credit facilities. Cheques which are returned by our bank are charged at £19.50. Any discounts given are only granted against an agreement to honour our payment terms and will be withdrawn in the event of late payment. Special Offers Special offers are available for a limited time only, as stipulated on the product information page. Offers are only valid when ordering online for the specific product with an offer, unless otherwise stated. In offers where free items are provided, should the buyer return the main item, the free item must also be returned. Typographical Errors In the event a product is listed at an incorrect price due to typographical error or error in pricing information from our suppliers, taxes or duty changes, we shall have the right to refuse or cancel any orders listed at the incorrect price whether or not the order has been confirmed. If your credit card has already been charged and we subsequently cancel your order, we will immediately issue a credit to your credit card account to the value of the incorrect price. Payment Methods We accept Visa, American Express, Mastercard, Maestro, Visa Electron, Visa Delta, Eurocard, Discover and JCB cards. On the order you must provide us with your exact billing address and telephone number - the address and phone number your credit card bank has on file for you. Incorrect information will cause a delay in processing your order. Your order will only be processed once authorisation of your card has been properly received. We reserve the right to refuse to process card payments as an option and to request bank transfer as an alternative method of payment. Availability of Goods All products and services are subject to availability and may be withdrawn at any time. If we do not supply the goods for any reason we will not charge you for these and we will refund any money already paid for them. However, we will not be responsible for compensating you for any other losses you may suffer if we do not supply the goods. Delivery Charges Delivery to most GB Mainland addresses for online orders only is £11.70. Northern Ireland (BT), Isle of Man (IM), Scottish Highlands and Orkney Isles (PA, ML, EH, KA, G, KY, PH, DD, AB, IV, KW), Outer Hebrides and the Shetland Isles (HS, ZE) will incur additional charges (please e-mail us for a quotation) and may also experience delivery delays. If you require next day, next day AM or Saturday AM delivery for your order, please call us to confirm delivery price. The £11.70 GB mainland delivery charge applied to orders placed online is the 'best guess' figure and is the price you will pay for delivery of your order. From the customer's perspective this charge can cover one container of 5 litres of fluid or a large palletised consignment of two very large heavy fog machines and boxes of fluid weighing over 250kg. If you place your order through a purchase order or request a quotation, we will quote the actual cost of delivery that we are charged by our courier for the delivery of the items. This cost may be more than £11.70. Delivery price excludes VAT, if applicable. Export customers (outside the UK) may arrange collection of their order by prior agreement. It will be the customer's responsibility to arrange the collection of the consignment with the courier company / freight forwarder at least 24 hours in advance of collection from our premises. Where our quotation includes shipping, any customs / legalisation charges, duties, and associated costs remain the responsibility of the purchaser unless specifically stated on the quotation. If goods that were sent out to the customer in good faith and are returned to us due to an incorrect address supplied by the customer / consignee or delivery address refusing to accept delivery / refusing to pay import duties, then the customer will be liable for the outbound and return shipping cost of the goods, plus any other costs incurred in having the consignment returned to Pea Soup. Unless specifically agreed in writing before accepting your order, Pea Soup Ltd will not accept any fines, charges or penalties originating from the customer in relation to late delivery, customs charges, customs fines, customs storage charges, penalties or brokerage fees. If delivery is attempted and there is no answer: For mainland GB deliveries, if your order has been attempted to be delivered and is returned to us, we reserve the right to charge for re-delivery. For exports, if delivery of your order has been attempted and you have not contacted the courier to arrange re-delivery or collection or payment of import duties and/or taxes and the consignment is returned to us, we reserve the right to charge for return delivery and re-delivery. Delivery Times Delivery of products will normally be made within 24 - 48 hours from clearance of payment, but it can sometimes be up to 5 days. We would inform you if this was the case. We will endeavour to deliver goods within the times stated but goods are subject to availability and delay in delivery of goods is sometimes outside our control. Any dates we specify for the delivery of the goods are approximate only and we shall not be liable for any losses, costs, damages, charges, or expenses caused by any delay for delivery of the goods. If we or our suppliers are temporarily out of stock, we will notify you of this position and you should allow up to 14 days for dispatch of the goods. For delays of more than 14 days, you will have the right to cancel the order and we will refund any money paid by you for the goods. Order early to avoid disappointment. If you contact the courier/delivery company to upgrade the delivery service of your consignment yourself without prior agreement from Pea Soup, we reserve the right to charge you for the additional delivery cost we incur. Delivery to building or construction sites is by prior arrangement only. Risk As soon as we have delivered the goods to your door you will be responsible for them. We will only deliver goods to the address on the order and goods will not be left without a signature. From the time of receipted delivery of the goods, any loss or damage to the goods shall be at your own risk. Any transit damage to the goods, shortages or incorrect goods supplied must be noted on the delivery consignment note at the time of delivery and it will be your responsibility to inform us within 3 days. Time Limitation for Notification of Claims Damage in transit: If goods arrive in a damaged condition you must make a note on the carrier's delivery consignment note and it will be your responsibility to inform us within 3 days from delivery. Shortages: It is your responsibility to sign for the correct number of packages as shown on the carrier's delivery consignment note. Any shortages must be noted on the consignment note and it will be your responsibility to notify us within 3 days from delivery. Non-Deliveries: We will not accept liability for goods lost in transit unless we are notified within 3 days from the expected delivery date. If goods returned under this clause are found to be perfect and in full working order, these will be returned to you and an administration fee of 20% of the price of the goods along with the cost of carriage will be charged to you. Product Warranty All products supplied are covered by the terms and conditions of the Manufacturer's Guarantee for a period of 12 months (unless period is longer, as specified with the machine's supplied documentation). This guarantee specifically excludes faults caused by accident, neglect, and misuse. In addition routine maintenance (cleaning of nozzle, casing, heating block, etc.), consumables (plug, fuses, cables, etc.), cosmetic damage is not covered. Products are carefully tested and inspected at the manufacturer and are warranted to be free of material and workmanship defects when shipped. Any equipment which is proven defective in material or workmanship will be repaired or replaced at our discretion upon written authorisation, according to the terms of the manufacturer. We will not assume any responsibility for labour expended or materials used to replace and/or repair equipment without our prior written authorisation. This does not affect any statutory rights that you may have. Use of smoke fluid other than that recommended by the manufacturer of your smoke machine will void the warranty and could cause permanent damage. Safe smoke is your responsibility. Cancellation of Orders Returned Goods To return faulty items, it is your responsibility to return purchases in its original box and packaging. For full details of how to return please call our customer service department on 01642 355149. Goods can only be returned with prior authorisation. All non-faulty goods accepted for return should be in new, saleable condition, with boxes, packing materials and accessories intact. Please call for a return goods authorisation number (RGA). Any goods returned without authorisation will be refused. To request an RGA number, please provide the following information: reason for return, invoice number, and your customer number. Once you obtain an RGA, shipment should be made immediately. The RGA will become void if merchandise is not received 21 days after issuance. You will be wholly responsible for the cost of return delivery and safe return of the goods. Subject to claim validly and correctly notified in accordance with the Time Limitation for Notification of Claim paragraph of these terms, goods received back incomplete or in a damaged or used condition will either be returned to you and the cost of delivery charged to your account or we reserve the right to levy a surcharge on such returned goods at a minimum 25% of the invoice price. If you do not return goods within 7 days after you have informed us that the items are faulty, we reserve the right to arrange collection of the item from you and to charge you for such collection. We recommend returning items using a courier such as Fast Lane International or insured parcel post. To discourage customers purchasing machines for an event and returning them for a refund, machines that have been successfully operated cannot be returned or exchanged. All returns are subject to a 25% minimum restocking charge, plus any cost of reconditioning which, in our judgment, is deemed necessary. Returns of goods that are not defective are subject to a 25% restocking charge. Goods made to the buyer's specification (ie custom built), special order non-stock items or single items over 2,500 GBP in value cannot be returned unless they are faulty. Cancellation of export orders that have been built and packed but not dispatched are subject to a 25% minimum handling charge, unless the goods have been made to the buyer's specification, in which case a 30% restocking charge is applicable on single items over 2,500 GBP in value. For safety reasons, fluid cartons that have been opened cannot be returned. Under the new distance selling regulations consumers (not companies or businesses) are entitled to cancel this contract with Pea Soup Ltd. within 7 working days after receipt of goods and receive a full refund. This law assumes that the goods have not been used and are in pristine condition. Original outbound delivery charges cannot be refunded. We will only refund return carriage costs if the Goods are deemed to be faulty and a receipt of carriage is included with the returned Goods. Sales for orders of pyrotechnic items are final. We cannot accept any returns on safety grounds, unless incorrect items were dispatched to those ordered. Other You will own the goods once we have received your payment in full. We do not offer any credit facilities. We will issue you with an electronic invoice once we have dispatched the goods to you. If you pay by credit or debit card we will send a receipt for your records separately. Copies are available as PDF by request. For hire terms & conditions, please see separate hire agreement terms document, available upon request. If you cancel your order, we will refund your payment via the original method used to pay. We cannot refund bank charges, or make additional credit for currency exchange rate fluctuations, if any, between the date of order payment and date of order refund. US Customers ordering fluid: We will complete the TSCA declaration form on your behalf to save you time and inconvenience. Please contact us before ordering if you would prefer to complete the TSCA form yourself. Failure by us to enforce any of these terms and conditions will not affect our right to enforce the rest of these terms and conditions. These terms and conditions are subject to change at any time without prior notice to you. Contact us before returning items to be serviced, as our main sales office address does not deal with returns. We recommend that you get your machine serviced by the manufacturer or recommended service companies, and that you use the manufacturer's recommended fluid for your machine. Your warranty will be void if you use any other type of fluid in your machine other than that recommended by the manufacturer in the instruction manual. See machine's instruction manual for more details. Prices are shown only as a guide and are subject to change without notice. Safety Disclaimer Any person using equipment or materials listed herein, or sold by Pea Soup Ltd, is personally responsible for obtaining expert instruction and for learning the proper techniques for their use, assumes all risk, and accepts complete responsibility for any and all loss, damages and injuries of any kind. This online product catalogue provides only basic suggestive instruction and is not a substitute for personal instruction by qualified persons well versed in all appropriate safety techniques and methods. Manufacturers are happy to offer guidance with operation that may not be covered in accompanying documentation. All information contained in this website pertaining to equipment or materials or their use is provided solely to assist the viewer in making purchasing decisions. All products should be used in accordance with all applicable laws, codes and regulations. Whilst the company endeavour to ensure that the equipment it supplies is of the highest quality and reliability, it is the customer's ultimate responsibility to ensure the equipment and effect suits their operation and that it is used sensibly and with common sense and seek advice or assistance where necessary without obligation. The use of pyrotechnics, indoors and outdoors, is at the sole discretion of the operator who will have taken full note of the prevailing situation. Operators are warned that pyrotechnic devices can sometimes vary in their performance, and no guarantee is given by the manufacturer, or its agents, that every device will perform exactly the same. This must be borne in mind when siting devices. All pyrotechnic devices are used at the sole risk of the customer. Consequential Loss Pea Soup shall not be liable for any consequential loss or damage suffered by the Purchaser howsoever caused, including loss due to delay, loss of production, loss of profits, loss or damage to other property or goods and death or injury to persons. Pea Soup will not pay or reimburse the customer in any way for lost time or business due to the product being defective, nor will the company be responsible for, pay or reimburse any outside parts or labour charges that may be incurred for any reason. For any defects the company is only responsible to replace the damaged or defective part only and not the entire unit if the part only is all that is defective or damaged. If the customer is using a product or effect for an event, the customer must test it beforehand to ensure suitability and functionality and produce a risk assessment if applicable. We may update or change these Conditions from time to time without notice. You must read them each time you place an order with us through our website. Pea Soup Limited, 3 Thornwood Ave, Ingleby Barwick, TS17 0RS, England

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