Hans Hamberger Ltd
General Company Conditions GCC

1.   Firework Displays

1.1.     Quality Guarantees

We guarantee a safe and lawful execution of the firework display. The liability covers the quality of our products and services. In the case of faulty quality, the value of the product, or the service, will be reimbursed. We bear no responsibility for damage incurred through irresponsible behaviour of the customer or other third parties.

1.2.     Vouchers

           We give out vouchers when we have caused:

          - The course of holding the firework event to be profoundly disturbed

          - more than 10% of the articles have not functioned

1.3.     Complaint

Complaints will be considered within 8 days after the event

1.4.     Revocation of Contract

In the case of a withdrawal from the contract, the costs incurred to date as well as a proportion of the putative expected profits will be charged to the customer.

1.5.     Acts of God

When a firework display cannot be performed because of circumstances outside human control (e.g. weather conditions) then those actual costs incurred to date will be charged.

1.6.     Safety Precautions

The organisers are duty bound to ensure that the safety precautions ordered by the authorities or Hamberger Ltd are strictly adhered to. If the conditions for a safe performance of the firework display are not met then the event will not be carried out. In this case the work carried out to date and the missed putative expected profits will be charged.

1.7.     Postponement of Event

Postponement of firework display at short notice (in general, less than 36 hrs) incurs extra costs that will be charged to the customer.

 

2. Pyrotechnical articles 

2.1.     Guarantee

In the absence of any other agreement, we guarantee our products for 12 months, from the day of delivery.  Our guarantee covers, according to our choice, the repair or replacement of damaged components irrefutably arising from factory or material mistakes. Other compensations, especially any form of damage arising afterwards, are unacceptable. The guarantee does not cover damage arising from faulty storage or incorrect usage.

2.2.     Delivery Dates

Our products are generally delivered from the factory. If delivery does not take place direct from the factory, the projected delivery date must be stated on the confirmatory order invoice. Any delivery date agreed upon must be conceived such that it can be reasonably met under normal circumstances. Delays in delivery attributable to circumstances outside of human control, do not justify withdrawal of the customer from the contract.

2.3.     Unforeseen Circumstances

In the case of unforeseen circumstances the company Hans Hamberger Ltd has the right to withdraw from the contract with no obligation to compensate for damages.

2.4.     Complaints

All complaints must be submitted within 8 days after receiving the goods.

2.5      Return of goods

Return of goods must be announced in advance. Articles that were delivered according to specific customer requirements but are imperfect, outdated or are not readily accessible, will not be compensated. Eventual disposal costs will be charged according to their extent.

2.6.     Product Guarantees

We cannot give any guarantee for the suitability of our products for the intended purpose of the customer. Instructions and recommendations for use are given by us in good conscience based on our practical experience. They are, however, not binding and do not relieve the buyer from his own tests of the product. The guarantee is limited to the quality of our products. Only the cost of products having inadequate quality will be reimbursed. Any further reimbursement for other damages will be declined.

2.7.     Transport

The sales price denotes products direct from the Oberried factory.

3. General

3.1.       General

Changes in offers, confirmation of orders or ancillary agreements require our approval

3.2.       Payment conditions

Our bills are to be paid within 30 days Nett, without discounts. Failure to pay within this deadline will incur a fine of 6% per year.

3.3.     Legal Disputes

Venue for court proceedings and dispute is CH-3800 Interlaken.