Terms and Conditions
1. Acceptance: One Inflatable accepts Buyer's order for the inflatable product(s) and/or item(s) listed on the Invoice and/or confirmation of order. Buyer agrees to the Terms and Conditions of sale set forth herein. No different or additional terms will be accepted by One Inflatable without the written consent of an authorized representative of One Inflatable. These terms and conditions are exclusive and instead of all other terms and conditions appearing on Buyer's purchase order or elsewhere and apply to all quotations made and orders accepted by One Inflatable. Unless specifically stated to the contrary on the invoice and/or confirmation of Order, One Inflatable is not responsible for typographical or clerical errors made in any quotations, orders or publications.
2. Payment: Payment shall be made on all orders as follows: Buyer must make a 40% deposit on the price of each custom made item or each item not currently in stock. The balance is due prior to the date of shipping the item, which date will be provided to buyer by One Inflatable as soon as possible. For orders of equipment and items in stock, payment shall accompany buyer's return of the confirmation of order. All funds for payment shall be in U.S. dollars in the form of cash, 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 One Inflatable. Shipments will not be made C.O.D. One Inflatable may refuse to manufacture any item (unless payment in full is first received) whenever, in the sole discretion of One Inflatable there is doubt as to Buyer's ability to pay.
3. Shipment: Shipping dates are based on Buyer promptly furnishing to One Inflatable, full and complete shipping information and full payment must be received prior to shipping. All goods shall be deemed delivered to Buyer at the time they are placed in the hands of any carrier and consigned to Buyer. Risk of loss, damage or destruction of any product is assumed by Buyer. Any manufacture defects must be report to seller in written within 10 days from the date of the freight is picked up from seller's warehouse. If Buyer does not specify a preferred method of shipment, One Inflatable shall exercise sole discretion in selecting a method of shipment. All costs and expenses relating to shipment, including insurance, customs expenses, duties, taxes, etc. shall be the sole responsibility of Buyer.
6. CONTINUED PRODUCT AVAILABILITY: One Inflatable reserves the right to discontinue the sale of any model, or to make changes in design for product improvement, without incurring any obligation to furnish or install the same on product previously furnished.
7. COPYRIGHTS: All logos, product names, trademarks, artwork, literature, photographs, and designs used for the purpose of producing One Inflatable products are proprietary and the sole property of One Inflatable. Any unauthorized reproduction of any of these items will constitute a copyright infringement and are punishable by law. One Inflatable 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. Buyer shall notify One Inflatable if making, using, or selling the goods that may result in the infringement of a patent or copyright.
8. RETURN AND CANCELLATION POLICY: There are absolutely no exchanges or refunds once final payment is received and product has been sent to Buyer except where warranty issues should arise as outlined. Order may be partly or fully canceled or changed within three (3) business days after the order is placed. If Buyer places a cancellation or change to the order after the three (3) business days period, One Inflatable has the right to withhold initial payment(s) made by customer(s) to use as remedy for production readjustment and associated costs. Buyer agrees and fully understands that One Inflatable is not registered to sell products in the states of PA and NJ. Buyer agrees to get all required certificate and license from local government before any use of One Inflatable's products.
9. DELAYED DELIVERIES: One Inflatable shall endeavor, in good faith, to fulfill Buyer’s order by the date requested by Buyer or estimated by One Inflatable. However, One Inflatable shall not be liable for damage or for delay in delivery arising from causes beyond its control and without its fault or negligence.
10. PRODUCT TOLERANCES: All weights, color and dimensions, in regards to products sold by One Inflatable are stated in the literature or instruction material. These figures are approximate and within industry tolerances.
11. INSURANCE: Buyer agrees to carry general liability insurance with coverage limits of no less than $1,000,000 in connection with Buyer's use or rental of any good s purchased from One Inflatable.
12. Indemnification: Buyer agrees to indemnify, hold harmless, and defend One Inflatable from actions and claims of third parties, including customers of Buyers 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. Buyer’s obligation to indemnify, hold harmless, and defend One Inflatable under this provision shall also include claims made against One Inflatable for One Inflatable’s own negligence, including claims of defective design or manufacturing of the goods and products sold to Buyer as well as any claim that One Inflatable failed to properly provide warnings or instructions with the goods or products sold to Buyer. In the event One Inflatable is required to commence an action to enforce this provision, Buyer shall pay all of One Inflatable’s legal costs and expenses.
13. LIMITED WARRANTY: One Inflatable provides buyer a limited repair warranty, and agrees and warrants only that the products identified to be One Inflatable’s merchandise (Receipt will be required), will be fit for their intended purpose, merchantable, and without material defect in workmanship and materials for the period and types of product specified as follows:
a. Inflatables and dunk tanks sold by One Inflatable: One (1) to Two (2) year from the date of pick-up, or from the date of shipment to buyer;
b. Blower’s warranty will be provided by its manufacturer. One Inflatable has no responsibility for blower’s warranty;
c. No warranty is provided on Zippers, Netting, Mesh, Velcro, Basketball Hoops/Nets, Gloves, Joust Poles, Joust pedestals, bungee cords, bungee vest, and Velcro suits, Tarps, Sand bags, and Storage Bags.
d. The wear covers such as entrance covers or mats and slide covers with steps are not warranted. These covers are intended to reduce wear on the inflatable and require periodic replacement.
e. Hand truck and other accessories sold by One Inflatable: 30 days from the date of pick-up, or from the date of shipment to buyer;
A product shall not be considered defective if its color is different from One Inflatable catalogue or website and no warranty is made relating to color. All requests from buyer for warranty work are subject to product inspection at One Inflatable. It's buyer's responsibility to ship the products to One Inflatable, and ship back to customer after repair. Ordinary wear and tear will not invalidate One Inflatable 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 One Inflatable warranty. Buyer must use stakes, tie-downs and ground covers (Not provided by One Inflatable) at all times 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 form time to time, the repair of which is the responsibility of buyers. Buyer will be responsible for the shipping costs of the repaired product shipped back to the buyer.
14. LIMITATION OF LIABILITY: Under no circumstances shall One Inflatable be liable for any incidental, consequential, punitive, reliance, delay or special damages, losses or expenses arising from this confirmation of order or One Inflatable's or buyer's performance or nonperformance, or any acts or omissions of One Inflatable, or in connection with the use of, or inability to use, the goods for any purpose whatsoever.
15. Governing Law, Jurisdiction and Venue: In the event of litigation between the parties concerning the order or any products shipped to Buyer hereunder, such action shall be governed by the laws of California, U.S.A., venue shall be in City of Industry, California and the action shall be brought in the California or federal courts of appropriate jurisdiction. Buyer expressly agrees to submit to the personal jurisdiction of these courts in any action arising out of the Sales Transaction. In any action arising out of the Sales Transaction, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorneys' fees, arising there from.