Terms and Conditions
- Acceptance: We accept and confirm your order for the items, goods and products described on the cover page of this confirmation of order (Purchase order). You agree to the terms and conditions of sale set forth on the cover page and asset forth herein below. No different additional terms are acceptable by Inflata Ad, Inc. Unless agreed on in writing and signed by Inflata Ad, Inc. These terms and conditions are exclusive and in lieu of all other terms and conditions appearing on buyer’s order or elsewhere and apply to all quotations made and orders accepted by Inflata Ad, Inc. Unless specifically stated to the contrary on the face of this confirmation of order. Inflata Ad, Inc. is not responsible for typographical or clerical errors made in any quotations, orders or Inflata Ad, Inc. publications.
- Payment: Payment shall be made as follows: Buyer must make a 50% deposit on the price of each custom made item or each item not currently in stock at the time of Buyer’s return of this Confirmation of Order. The balance is due prior to the date of shipping the item, which date will be provided to Buyer by Inflata Ad, Inc. on the cover page as soon as possible. For orders of equipment and items in stock, payment shall accompany Buyer’s return of this Confirmation of Order. All funds for payment shall be in U.S. dollars in the form of cashier’s check, money order, wire transfer, or credit card. Deposits, but not final payment, may be made in the form of Buyer’s check, payable to Inflata Ad Inflata Ad, Inc. Shipments will not be made C.O.D. Inflata Ad, Inc. may refuse to manufacture any item unless payment in full is first received whenever, in the sole discretion of Inflata Ad, Inc., there is doubt as to Buyer’s ability to pay.
- Shipment: The goods shall be shipped F.O.B. carrier Inflata Ad, Inc. factory, Los Angeles, California. All risk of loss passes to Buyer when Inflata Ad, Inc. delivers the order, or any portion thereof, to the carrier. If Buyer does not specify a preferred method of shipment, Inflata Ad, Inc. shall exercise sole discretion in selecting a method of shipment. Inflata Ad, Inc. uses the major common carriers and delivery services and, for foreign orders, freight forwarders. All costs and expenses relating to shipment, including insurance, customs expenses, duties, taxes, etc. shall be the sole responsibility of Buyer. Inflata Ad, Inc. generally will ship freight collect, unless Buyer requests other arrangements and prepays Inflata Ad, Inc. for all shipping expenses. Shipments will be insured at Buyer’s expense unless otherwise specified, and Inflata Ad, Inc. assumes no responsibility for placing of valuation upon shipment unless requested to do so by Buyer. Partial shipments of any order from Buyer may be made by Inflata Ad, Inc. in order to facilitate the earliest possible delivery of the item ordered; provided, however, that partial shipment shall not be made unless Inflata Ad, Inc. has been paid in full for the entire order.
- Delivery: The projected delivery date is Inflata Ad, Inc.’s reasonable estimate, based on current and anticipated factory loads, of when the order will be shipped. Inflata Ad, Inc. shall not be liable for damage or for delay in delivery arising from causes beyond its control and without its fault or negligence including, but not limited to, acts of God, acts of government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes or delays, and severe weather. If the delay is caused by the delay or default of the subcontractor, Inflata Ad, Inc. and if such delay arises from causes beyond the control of either Inflata Ad, Inc. or the subcontractors, Inflata Ad, Inc. shall not be liable to Buyer in damages.
- Limited Warranty: Inflata Ad, Inc. provides Buyer a limited repair and replacement warranty and agrees and warrants only that the products, identified by category below, will be fit for their intended purpose, merchantable, and without material defect in workmanship and materials for the period and types of products specified as follows:
- Inflatables manufactured by Inflata Ad, Inc.: Two (2) years warranty on all inflatable products on date of purchase only.
- Pieces and Parts manufactured by Inflata Ad, Inc.: Thirty (30) days from date of purchase.
- Other Equipment (not manufactured by Inflata Ad, Inc.), such as Motor
Blowers: No warranty of any kind is extended by Inflata Ad, Inc., but Inflata Ad, Inc. will, to the extent it Equipment, if any, offered by the manufacturer or supplier of such Other Equipment.
- No warranty on soaker hoses, zippers, netting and artworks.
A product shall not be considered defective if it is a different color than shown in Inflata Ad, Inc. catalogue and no warranty is made relating to color. All requests of Buyer for warranty work and replacements are subject to product inspection at Inflata Ad, Inc.’s factory in Los Angeles, California. Buyer must ship the products to Inflata Ad, Inc. at Buyer’s expenses. Ordinary wear and tear will not invalidate Inflata Ad, Inc.’s limited warranty, but misuse, improper handling or storage, improper repairs, improper maintenance and care, or accidental, abusive or negligent treatment of the product will invalidate, Inc.’s warranty. Buyer must use stakes, tie-downs and ground covers at all time to ensure the safety of users and the equipment. This warranty is not a guarantee that the product will not through use, handling and storage develop tears or punctures from time to time, the repair of which is the responsibility of Buyer. If a returned product is evaluated and found defective, and the warranty for such product is in force, Inflata Ad Inc. will bear the cost of shipping the repaired or replacement product to Buyer; otherwise, all shipping costs will be borne solely by Buyer. No statement, remark or representation of any employee or agent of Inflata Ad, Inc. may vary this Limited Warranty unless in writing and signed by the President of Inflata Ad, Inc.
- Inspection: Buyer shall inspect the product(s) promptly after receipt and shall notify Inflata Ad, Inc. in writing of any claims, including claims of breech of warranty, within fifteen (15) days after Buyer discovers or should have discovered the facts upon which the claim is based. Failure of Buyer to give written notice of all claims within the inspection time period shall be deemed to be a waiver of a claim for defective products, a waiver of the right to reject the goods, and conclusive proof that the product(s) were received by Buyer without defect(s).
- Disclaimer: The provisions of paragraphs 5 are Inflata Ad, Inc.’s sole obligation and Inflata Ad, Inc. Excludes all other remedies or warranties of merchant ability and fitness for a particular purpose, and all warranties arising from the course of dealing or usage and customs of the trade, whether or not said purposes or specifications are described herein. Inflata Ad, Inc. further disclaims any responsibility whatsoever to buyer or to any other person for injury to person or damage to or loss of property or value caused by any product which has been subjected to misuse, negligence, or accident: Or misapplied: Or modified or repaired by unauthorized persons: Or improperly installed or maintained.
- Limitation of Liability: Under no circumstances shall Inflata Ad, Inc. be liable for any incidental, consequential, punitive, reliance, delay or special damages, losses or expenses arising from this confirmation of order or Inflata Ad, Inc.’s buyer’s performances or nonperformance, or in connection with the use of, or inability to use, the goods for any purpose whatsoever. In any and all events, if Inflata Ad, Inc. is found liable for damages. Notwithstanding the limitations and exclusions for paragraphs 7 and 8, Inflata Ad, Inc. shall not be responsible for damages to any person or entity, including but not limited to buyer and buyer’s customers, for an amount paid by buyer for the products ordered and confirmed by this confirmation order.
- Tolerances: All dimensions stated in the catalogues or elsewhere pertaining to products sold by Inflata Ad, Inc. are approximate and within industry tolerances.
- Patents: Inflata Ad, Inc. makes no warranty that the goods will be delivered free of the rightful claim of any third party by way of infringement or the like. If Inflata Ad, Inc. determines, in its sole discretion, that making, using, or selling the goods would result in the infringement of any patent, Inflata Ad, Inc. reserves the right to cease manufacturing and/or shipping the product, without liability to Buyer.
- Modifications: Prices are subject to adjustment if buyer requests changes in specifications, quantities, or delivery requirements. All paragraphs of this Confirmation of Order shall apply to the goods to which such changes apply, and no modification of the terms and conditions here of shall be binding on Inflate Ad, Inc. unless contained in a writing signed by Inflate Ad, Inc. and expressly stating both that such terms are being modified and the nature of such modification. This order cannot be changed within the two (2) week period prior to the projected shipment date unless Inflate Ad, Inc. and Buyer mutually agree to an appropriate change order fee and an appropriate new shipment date, if applicable.
- Cancellation: Buyer may cancel the order in whole or in part within 72 hours from the order date upon written notice to Inflate Ad, Inc. for a full refund of the deposit. In case of any cancellation after the 72 hour period a fee of 25% of the total amount of the order will be charged. Custom design and custom color orders are not cancelable after confirmation of the order and deposit is not refundable.
- Returns Policy: For any item purchased from Inflate Ad, Inc. and returned for reasons unrelated to a warranty claim, a restocking fee of twenty-five percent (25%) of the price of the item(s) returned will be paid by buyer and customer will be responsible for all shipping costs. Inflate Ad, Inc. will not accept returns on any custom made units. (Banners, custom designs and custom color orders)
- Taxes: All charges are subject to the federal, state and local taxes, if any, pertinent at the point of delivery. Buyer shall pay such taxes imposed on this order, and all penalties and interest, if any, accrued therewith.
- Interpretation: The rights and liabilities arising out of this contract with Inflate Ad Inc. shall be determined under the Uniform Commercial Code as enacted in California without application of choice of law rules or the United Nations Convention on Contracts for the Sale of goods (as to foreign shipments).
- Effect of Breach on Risk of Loss: Breach of this contract by Inflate Ad, Inc. shall have no effect on the provisions controlling the risk of loss of the goods, and Sections 2?510(1) and 2?510(2) of the Uniform Commercial Code shall have no effect on this Confirmation of Order.
- Use and Indemnification: “Buyer” (person, company or entity purchasing the inflatable product or device), is solely responsible for the manner of use of the products and other equipment purchased from Inflate Ad, Inc. “Buyer” is solely responsible for all signage, labels, and warnings to consumers or other users of the products and equipment, and or any and all other acts necessary, including user warnings and limitations (e.g., weight, height, age, number of participants, and medical condition limitations), to ensure the safety of the users. “Buyer” acknowledges that they received, read and fully understand all necessary instructions for the safe setup and operation of their Inflate Ad, Inc. Inflatable product or device. “Buyer” agrees to operate their Inflate Ad, Inc. inflatable product or device according to the instructions established by Inflate Ad, Inc. “Buyer” agrees to operate their inflatable product or device according to all state and local requirements. “Buyer” agrees to train any person(s) operating the inflatable product or device in the safe operation of the inflatable product or device including safe handling of emergency situations. “Buyer” shall use stakes, tie-downs, and other applicable devices necessary to ensure the safety of the users and the general public. “Buyer” agrees to indemnify, hold harmless and defend Inflate Ad, Inc. and Inflate Ad, Inc. Insurers from actions and claims of third parties, including customers of “Buyer” and users of the goods and products sold to “Buyer”, arising out of or in connection with the use of the goods and products herein described or resulting from the breach of the provisions in this Confirmation of Order by Buyer. In the event Inflate Ad, Inc. is required to commence an action to enforce this provision, Buyer shall pay all of Inflate Ad, Inc.’s legal costs and expenses.
- Integration: There are no representations, warranties or conditions, express or implied, statutory or otherwise except those herein contained, and no agreements or waivers collateral hereto shall be binding on either party unless in writing and signed by Buyer and accepted by Inflate Ad, Inc. This Confirmation of Order contains all of the promises, warranties, terms and conditions of the agreement between the parties and supersedes any and all oral or implied promises, undertakings and prior agreements.
- Governing Law, Jurisdiction and Venue: In the event of litigation between the parties concerning the order or any product shipped to Buyer hereunder, the laws of California, U.S.A, shall govern such action. Venue shall be in Los Angeles, California, and the action shall be brought in the California or federal courts of appropriate jurisdiction.