USA DEALER AGREEMENT & TERMS AND CONDITIONS EFFECTIVE FOR ALL DEALERS/RESELLERS
1. CONDITIONS OF ‘ON FIELD / SITE / VENUE’ SALES
The sale of an individual smoke grenade or multiple products is encouraged to players at your field who are participating in the games. If you are a professional field that retails Enola Gaye (EG) Smoke on a regular basis you are advised as the retailer to give an active demonstration to the players before sales or games commence so that the correct operation is clear to your customers. This will increase your sales and cover all of the safety points associated with these products.
Each smoke grenade is professionally labelled to ensure that users without verbal instruction can use the product safely by following the instructions on the side of the unit.
Sale of smoke grenades should only be to those people intending to use them on your field or a similar professional venue with the instruction/training that you have provided. NEVER SELL TO UNDER 18'S or to persons obviously buying them for persons under 18.
2. SHIPPING & CONDITIONS OF DISTRIBUTION & UNDERSTANDING HAZMAT CARRIAGE
If your sales extend further than the end user who is stood in front of you; you are limited by law as to how you can distribute this type of product. EG Smokes have been classified, authorized and approved by U.S. Department of Transportation to ship HAZMAT ONLY. If you need to ship these products to a customer then all local and Federal shipping rules for HAZMAT products and the mode of transport being used (Road, Railway, Boat or Plane) MUST be adhered to; inconvenient and expensive, but it’s the law, so don't interpret this any other way. If you wish to distribute these products in caseloads, contact the Enola Gaye office for help and guidance on HAZMAT shipping.
EG products have been exempt from ATF regulation by the Department of Justice under the provisory that they do not become a nuisance to the general public and are used for the specific purposes for which they are distributed. A copy of the exemption is available if you should so require it.
- DO NOT Send these items through USPS.
- DO NOT take these items on Aircraft or Ferries.
- DO NOT take these items on Public Transport.
- USE a PROPER HAZMAT Courier (e.g. FedEx) and set up a LEGAL HAZMAT Shipping Account
Dealers who choose to ignore the above limitations of distribution will have their dealership status suspended and/or removed and will not be supplied products.
Shipping these products isn’t rocket science but failure to follow the correct procedures may cause harm and result in the shipment being seized or worse, you end up having to call your attorney. Products can only be shipped in the proper UN approved cartons which are correctly marked and labeled. This is the outer box that it has been supplied in with the orange diamonds printed on the side.
3. UNDERSTANDING THE PRODUCT
'Cool burn' 'Cold burn' The term “cold burning” usually refers to the fact that there is no external flame produced and that the temperature of the cartridge is lower than the equivalent military and marine distress smokes (which get very hot) thus reducing the risk of fire. There is a possibility of fire with ANY smoke grenade and no smoke grenade should be used on or near easily flammable materials, so do not confuse the term cool or cold burn with, no heat.
ALL smoke grenades that produce smoke from a wire/ring pull, friction fuse or similar ignition, produce smoke from a formula that burns without the need for atmospheric oxygen. Once ignited is very difficult to stop, until all composition within is burnt. Due to this, the grenade casing does get warm and the smoke within 6” of the grenade is hot.
Our smokes produce some sparks on ignition but no flame and so after the initial start-up of the grenade, our Wire Pull Smokes are considered cool burning given the above definition. During the functioning of smoke and for 10 minutes afterwards, our products do produce heat but this is kept to a minimum and so our devices although they do get warm, can be held in the hand. In very rare circumstances a flame may be produced if the product has been dropped or badly handled during transportation. Should a flame be observed it usually disappears within one or two seconds.
'Burn Times' Burn times are approximate and smoke output and duration can vary with different weather conditions.
'Colors' The color of smoke produced from EG smoke grenades may vary slightly from that shown in advertisements, photographs and illustrations shown on the product label which are for reference only.
4. LIMITING MISUSE
Our smoke grenades are designed primarily for paintball and airsoft players, and photographers, not idiots. However you should learn to filter the idiots from the players and photographers. We always recommend requesting reasons for use.
If the customer fits into any of these categories then they are not fit to purchase:
- A. Under 18
- B. Over 18 but appear to be purchasing for minors.
- C. Don't fit the paintball/airsoft player profile or the photographer profile, and have a flimsy excuse why they want to buy smoke grenades
- D. Are requesting a specific color of a sports team and don't fit the player, photographer, or responsible user profile. Nine out of ten times these are intended for sports grounds/stadiums and smoke in those arenas can be interpreted as a nuisance which goes against our ATF exemptions
- E. If they are known to you as an idiot.
Genuine users come in many different shapes and sizes; if you are unsure about a person and wish to continue with a sale, have ready a 'Registration' form; this will usually deter any misusers.
Otherwise, you will find that stocking Enola Gaye Smoke for genuine users will bring new customers to your field and/or store and will build a loyal base of customers looking to use smoke grenades to enhance their game.
5. RISKS TO PERSONS AND HEALTH
Playing paintball and airsoft carries risks; however follow the rules of the game and the correct instructions and you will always find yourself without injury. Enola Gaye products are no different, treat them with respect and use them as per the instructions and your game will be the richer for it. If accidents occur they are always through improper use, storage or transport. Nearly every scenario has been covered in this document to keep you and your customers safe, however no amount of paperwork can cover every eventuality. Below are some particularly important topics that we would like you to be aware of and look out for; call it a risk assessment:
PERSONAL PROTECTIVE EQUIPMENT: Due to the nature of the effect and that some sparks may be given on ignition, we always highly recommend the use of eye protection e.g. goggles or safety glasses and also hand protection e.g. non plastic gloves when using EG products.
POCKETS: It is inevitable that players will place smoke grenades in their pockets to carry them during game play; however we advise against this as smoke grenades which are ignited in pockets will often burn the skin. Plastic smoke grenades clips are available from Enola Gaye which mounts on the marker/gun barrel (or a small trip of tape to attach grenades to the gun). Otherwise a webbing pouch or similar carrying device that is easily removed from the body is advised; all of these products are available from Enola Gaye.
BUNKERS & CONFINED SPACES: Smoke in confined spaces can cause breathing problems; as a field owner make your staff aware of any potential hazard areas where players may encounter smoke in a confined space i.e. bunkers, tree houses, dug outs etc.
STAINING: Enola Gaye smoke grenades contain non-toxic dyes that should wash out of most surfaces and garments;. In general, if the product is against a surface/material then the surface/ material will be colored by the smoke. The further away the EG product is placed from vulnerable surfaces or materials then the less chance there is for staining. A distance of approximately 2-3 meters downwind from a surface or material will normally prevent staining; however, no guarantee is given for this and Enola Gaye take no responsibility for staining property from the use of EG smoke grenades.
6. RISKS TO PROPERTY FIRE
Incidents very rare; however there are some very basic assessments that you can make before using smoke grenades on your property. If it's been a tinder dry summer and your woodland or game areas appears to be high risk, your usage should be conservative or restricted to the dirt floor areas where there is no risk of fire. The highest risk areas on fields tend to be man made structures, such as wooden bunkers. Fields using smoke grenades should train their staff to be aware of the risks and to look out for tell-tale signs of smoke other than that produced from grenades.
3rd Light LLC or 3rd Light Ltd (Enola Gaye) accepts no responsibility for fires or damage caused by the use of smoke grenades on your property, field or areas in which they are used. Your standard firefighting equipment is sufficient.
7. PRODUCT ADAPTION AND RELABELING
Do not dismantle or adapt an EG product; NEVER remove the label and always supply products in their original condition. EG products that have been adapted or dismantled may cause potential hazards and or change the intended effect. Smoke grenades adapted in anyway including relabeling will void their product insurance.
Dealers reselling or supplying products that have been adapted or relabeled WILL be removed from the dealer program. Dealers are prohibited to white label or relabel EG products. All dealers will clearly identify EG as the manufacturer on their website and any/all marketing material.
8. STORAGE
There will be some local and Federal rules and regulations that you will have to follow; these do change per state so YOU MUST check with the Fire Marshall’s office in the State/town where you wish to store these smokes. However in general you can store up to 25 Kg Net Explosive Content (NEC) before any permit is required and in some states these products are exempt from regulation. The NEC of a device is printed on the product label and the NEC of a carton of devices is printed on the outer carton.
We are not experts on the local rules of every state in the USA so check things out yourself! Smoke Grenades should be stored in their original outer cartons/boxes that we sent them in; you must also reseal once opened.
9. ENOLA GAYE WHOLESALER PRODUCT GUARANTEE
At Enola Gaye we pride ourselves on our products, our range of colored smoke grenades are the best commercially available in the world. Our products are tested throughout every production stage and therefore have more approvals worldwide than any other commercial smoke grenade. If you are anything other than happy with your products Enola Gaye will either change over the defective products or credit your purchase upon return of the goods (in most cases we do not reimburse carriage and/or local taxes). In nearly all cases, defective products are a result of damage from carriage or incorrect use; we ask all of our customers to check carefully the condition of the cases upon delivery.
We appreciate all feedback regarding the appearance and performance of our products both good and bad and encourage you to get in touch with us if you have any comments. You can contact our Technical Dept. Dr John john@enolagaye.com
10. SUPPLY OF EG67 BALL GRENADE, WIRE PULL® PAINT GRENADE, OTHER EXPLODING & REPORTBASED PRODUCTS
The supply of the EG67 Ball Grenade and the Wire Pull® Paint Grenade differs from our otherpyrotechnic products (EG smoke grenades) with the way we have licensed them and wish for themtobe supplied in the USA. If you are a retailer of these products or any of our other ‘general use’exploding grenades it is important that you fully understand the supply regulations set out by Enola Gaye (3rd Light LLC).
A.The EG67 and Wire Pull® Paint Grenade are strictly for field use only. You may retail them andsupply them to your customer, but the usage has to be kept on your own field, you cannot sell themfor use outside of your game field. These regulations form part of an agreement between 3rd LightLLCand the ATF.
B.Our EG67 & Wire Pull® Paint Grenade range cannot be retailed, sold, or distributed Online. Nor canitbe sold across the counter at stores which are not located at the field location. Stores at the fieldlocation have to notify the customer that the grenade products purchased are for use at the fieldlocation where purchased. The products cannot be taken off field.
11.UNDERSTANDING THE EG67 FRAG GRENADE, WP PAINT GRENADE, OTHER EXPLODING &REPORTBASED PRODUCTS
Our range of grenades that fragment with a small explosive charge have been designed specifically for use in combat simulation games such as airsoft and paintball. Each product is clearly labeled withinstructions on how to use the grenade, the effect produced, safety distance and other warnings and safety information. The fragmentation produced by the EG67 Ball Grenade is a considerably lower than that of the projectile from a paintball marker or airsoft gun. Impact test videos are available Online thatwere carried out by Enola Gaye. Each product batch is professionally is sound tested andlabeled with amaximum noise report that it will produce at the given safety distance. Storage is thesame as our smoke products.
12.PRICING
(Minimum Advertised Price) We have set MAP prices for each product, if a dealer is found to be in violation of the MAP prices mentioned on the pricing sheet, their dealership status can be revoked. The MAP prices DO NOT include shipping, so do not sell products for $2.00 Online plus $6.00for shipping- this is a violation of the MAP policy and your purchasing account can be canceled.
13.GENERAL &CONDITIONS OF ONLINE RETAIL SALES
Enola Gaye (3rd Light) reserves the right to change, modify or remove any of these terms withoutnotice. Documentation from Enola Gaye (3rd Light) shall always prevail in the event of any discrepancy between these terms and conditions and dealers documentation. Dealers have to be 18 years minimum age; we reserve the right to demand proof of age. It is the dealer’s responsibility to remain apprised ofchanges to this agreement and our terms and conditions. Enola Gaye (3rd Light) reserve the right to deny dealership status. Dealers must carry reasonable and adequate liability insurance and provide reasonable proof of insurance upon reasonable request from Enola Gaye. All dealer applications are subject to current and ongoing verification.
A Product Safety Data Sheet for each product is available on request from the Enola Gaye office or online at www.enolagaye.com.
All colored smoke devices / smoke bombs regardless of manufacturer are either fireworks, pyrotechnics or signal smokes of some kind and as such are governed by federal regulations for use and transport.
Products distributed in the USA by 3rd Light LLC under the brand name Enola Gaye or EG have been specifically approved and exempted from federal regulations by the ATF allowing for their legal use by general consumers. These approvals and exemptions are only valid to the products that are specifically listed by product name, part number, and brand name which link to the distributor and manufacturer. Therefore, all products need to be advertised with the correct names and part numbers under the brand of Enola Gaye or EG. Advertising or selling these products with different names, part numbers, or branding may void the approvals and breach the regulations on storage and use and may void any exemption as well as incur copyright issues.
Additionally, smokes and pyrotechnics distributed by 3rd light LLC have been approved for transport by the DOT as either 1.4S or 1.4G. Like all smoke devices/smoke bombs and fireworks classified as 1.4S or 1.4G they must only be shipped via certified hazmat/dangerous goods shipping only. Shipping these products in any other manner (i.e. USPS, UPS or FedEx non-hazmat) will result in the violation of federal DOT explosive transport laws and regulations.
Displaying the following link clearly on your website will allow consumers to access the most up to date safety, approval and exemption information.
“Visit Enola Gaye for the most up-to-date product safety information”
