C
Chris27
Guest
I am in desperate need of some quick legal advice and I don't have much money, so this website is a blessing.
I am starting up my own retail fireworks business on the internet (Class C Consumer Fireworks). I have checked the legality with my state, and everything is legal. There are various other fireworks sites that sell over the net in my state (PA), so I am safe on that front. But my question is about liability insurance and if I need it. I don't have much start-up money, and it isn't absolutely neccessary, that would be great. On my site, the customer must first agree to a "Terms of Sale" (see below) before they can enter my online-store. I think having them agree to this protects me from any liability claim due to a customers injury in detonation of these products. But is liability insurance necessary? Or does this online disclaimer already legally protect me? Thanks so much for reading this....eagerly await your response!
Terms of Sale
Certification: IN REFERENCE, of the sale of any fireworks with in this website FIREWORKSPLACE.COM, I hereby state under the penalty of perjury and represent to and agree with the seller as follows: I certify that I am at least 18 (eighteen) years of age, that there are no laws which prohibit me from ordering, receiving, and handling/possessing these fireworks. Furthermore, if I reside in a state requiring a permit, I certify that I have obtained necessary permit (S) prior to ordering any products. I certify that my handling and use of, and the handling and use of these fireworks by others with my permission shall be in full compliance with all applicable local, state, and federal laws, ordinances and regulations governing the use of these fireworks. In addition, I certify that I assume total liability and responsibility for compliance with all laws concerning possession, receipt, shipping, handling, transportation, storage, use, safety, discharge, ignition, giving, destruction, resale etc. FIREWORKSPLACE.COM shall have no responsibility and no liability for violations of any applicable laws relating to my handling and use of those fireworks. I hereby indemnify and agree to hold FIREWORKSPLACE.COM ("seller") absolutely harmless from all claims, liabilities, injuries and damages including costs and reasonable attorney fees incurred by the seller as a result of my purchasing and my handling of these fireworks.
Terms: All sales are final. Claims for damaged, lost or stolen items must be reported directly to the shipper. All fireworks are sold on an "as-is" basis, with absolutely no refunds or exchanges. No guarantee is given as to the reliablility, function or safety of the items.There is a minimum order of $100.00. Shipping cost is a flat fee of $60.00, regardless of how big your order is. All shipping charges are estimated to your local terminal. Residential delivery requires an additional charge by the shipping company, which will be paid by the customer. To make it as cost effective as possible, get your family and friends to order with you at the same time in order to keep the shipping cost down. Please allow up to two weeks for delivery from the time the items are shipped. FIREWORKSPLACE.COM reserves the right to substitute or upgrade your order with items of equal or great value if items ordered are currently out of stock. Full payment must be received before shipping. FIREWORKSPLACE.COM does not accept C.O.D. orders. All terms, inventory and prices are subject to change without notice.
I accept these terms
--------------------------------------------------------------------------------
I am starting up my own retail fireworks business on the internet (Class C Consumer Fireworks). I have checked the legality with my state, and everything is legal. There are various other fireworks sites that sell over the net in my state (PA), so I am safe on that front. But my question is about liability insurance and if I need it. I don't have much start-up money, and it isn't absolutely neccessary, that would be great. On my site, the customer must first agree to a "Terms of Sale" (see below) before they can enter my online-store. I think having them agree to this protects me from any liability claim due to a customers injury in detonation of these products. But is liability insurance necessary? Or does this online disclaimer already legally protect me? Thanks so much for reading this....eagerly await your response!
Terms of Sale
Certification: IN REFERENCE, of the sale of any fireworks with in this website FIREWORKSPLACE.COM, I hereby state under the penalty of perjury and represent to and agree with the seller as follows: I certify that I am at least 18 (eighteen) years of age, that there are no laws which prohibit me from ordering, receiving, and handling/possessing these fireworks. Furthermore, if I reside in a state requiring a permit, I certify that I have obtained necessary permit (S) prior to ordering any products. I certify that my handling and use of, and the handling and use of these fireworks by others with my permission shall be in full compliance with all applicable local, state, and federal laws, ordinances and regulations governing the use of these fireworks. In addition, I certify that I assume total liability and responsibility for compliance with all laws concerning possession, receipt, shipping, handling, transportation, storage, use, safety, discharge, ignition, giving, destruction, resale etc. FIREWORKSPLACE.COM shall have no responsibility and no liability for violations of any applicable laws relating to my handling and use of those fireworks. I hereby indemnify and agree to hold FIREWORKSPLACE.COM ("seller") absolutely harmless from all claims, liabilities, injuries and damages including costs and reasonable attorney fees incurred by the seller as a result of my purchasing and my handling of these fireworks.
Terms: All sales are final. Claims for damaged, lost or stolen items must be reported directly to the shipper. All fireworks are sold on an "as-is" basis, with absolutely no refunds or exchanges. No guarantee is given as to the reliablility, function or safety of the items.There is a minimum order of $100.00. Shipping cost is a flat fee of $60.00, regardless of how big your order is. All shipping charges are estimated to your local terminal. Residential delivery requires an additional charge by the shipping company, which will be paid by the customer. To make it as cost effective as possible, get your family and friends to order with you at the same time in order to keep the shipping cost down. Please allow up to two weeks for delivery from the time the items are shipped. FIREWORKSPLACE.COM reserves the right to substitute or upgrade your order with items of equal or great value if items ordered are currently out of stock. Full payment must be received before shipping. FIREWORKSPLACE.COM does not accept C.O.D. orders. All terms, inventory and prices are subject to change without notice.
I accept these terms
--------------------------------------------------------------------------------