1) ORDERS: Adventure Bounce, Inc. accepts your order for the product(s) listed in the sales confirmation sheet. You confirm that you have read, completely understand and agree to the terms described on the sales confirmation sheet. Additions or modifications of terms will not be accepted by (AB Inc.) without written consent of an authorized (AB Inc.) staff member. Adventure Bounce Inc. is not responsible for clerical or typographical errors made on any of its quotations, literature, documents, and/or other relevant material.

2) PAYMENT TERMS: Payment to Adventure Bounce, Inc. shall be made as follows: Initial payment equal to 30% must be paid to (AB Inc.) at time of order to ensure a space on the production schedule.
Orders without initial payment will not be placed on production schedule.
The shipping date listed on the sales confirmation sheet will reflect the date the initial payment is received, consequently, additional day(s) may be added to the shipping date for each day(s) initial payment has not be received.
Final payment(s) must be received no more than 48 hours prior to the listed shipping date on the sales confirmation sheet.
Adventure Bounce, Inc. will not be responsible for tracking final payment(s), thus responsibility falls on the part of the customer to keep track of shipping date(s) and make arrangements with AB Inc. for final payment(s) receipt before date product is to be shipped out.
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. Initial payment(s) only can be made in the form of buyer’s check, payable to Adventure Bounce, Inc.

3) SHIPPING AND HANDLING: The shipping date indicated on your sales confirmation sheet is a guesstimate of the time it takes to fulfill the order. In the event where initial payment or customer-supplied material(s) are delayed, completion of your order may be also be postponed accordingly. Adventure Bounce Inc. uses the services of several carriers to handle the delivery of their products. Whenever possible AB Inc. will pass on the discounts afforded to them for the benefit of the customer. Unless another carrier is timely specified and arranged by the customer, AB Inc. will use, at its convenience, a reasonable carrier to get the product(s) to the customer. AB Inc. cannot be held responsible for delays in shipping due to unforeseen circumstances such as but not limited to weather, fire, flood, earthquake, union strikes, freight embargoes and/or acts of governments. Shipments requiring special handling such as a lift gate style truck for unloading AB Inc. products maybe subject to additional charges. In cases where the buyer chooses to pick up product at the AB Inc. warehouse, buyer must do so, during regular business hours, by inspecting and signing for receipt.

4) LIMITED WARRANTY: Adventure Bounce Inc. warrants that its supplied products are free from:
1.Defects in the materials and the workmanship.
2.Defects developing from the selection of materials or the process of manufacturing.
3. Defects in the design, in view of the state of the art on this date.
The warranty applies not only to your inflatable unit but also to all equipment, accessories, and parts manufactured by AB Inc. The air blower is covered by the manufacturer’s warranty.
In cases of defects in materials, workmanship or defects arising from the selection of material or processes of manufacture, such defects must become apparent in the inflatable unit, equipment or part within 24 months of shipping date. The extent of seller’s liability under this warranty is to defects in material or workmanship and defects arising from the selection of material or the processes of manufacture is limited to the repair of such defects or to the repair of replacement (with item free from the defect in question) of any accessory, equipment, or part which is defective in any of such respects with the exception of color fading.
The extent of seller's liability under this warranty as to defects inherent in design is limited to the correction at our expense of all such defects becoming apparent in the inflatable unit, accessory, equipment or part purchased here within one year of use. Seller shall make all such repairs, replacements and corrections with care. This warranty shall become void if inflatable is packed wet or repaired by any other repair agency not approved by Adventure Bounce, Inc.
Customer shall be responsible, at its discretion, for freight to and from AB Inc. production facility for the duration of the entire 24 months after the date of delivery using its own approved freight carrier.

5) INSPECTION: IT IS IMPORTANT TO CHECK ALL ORDERS IMMEDIATELY WHEN RECEIVED BECAUSE ALL SALES ARE FINAL. Buyer shall inspect the product(s) the same day as receipt date and shall notify Adventure Bounce Inc. in writing of any claims, including claims of breach of warranty, within three (3) business days, using certified mail, after Buyer discovers facts upon which the claim is based. Failure of Buyer to give written notice of a claim within the inspection time period shall be deemed to be a waiver of a claim for defective products and conclusive proof that Buyer received the product(s) without defect(s).

6) TAXES: All charges are subject to federal, state and local taxes if applicable at the point of delivery. Customer shall pay such taxes imposed on this order, and all penalties and interest, if any, accrued therewith.

7) DISCLAIMER: Adventure Bounce, Inc. denies or renounces any responsibility whatsoever to purchaser or any other person(s) for any type of injury to person(s) or damage to or loss of property or value caused by any product which has been subjected to misuse, negligence, accident, misapplication, unauthorized modification, improper maintenance and/or installation.

8) PRODUCT TOLERANCES: All weights and dimensions, in regards to products sold by AB Inc., are stated in the literature or instruction material. These figures are approximate and within industry tolerances.

9) TRADEMARKS AND COPYRIGHTS: Trademarks, logos, product names, literature, artwork, designs, and photographs are solely used for the purpose of creating products and are exclusively owned and part of AB Inc. Any Illegal use of any of these items legislate a copyright infringement and is punishable by law.

10) PRODUCT VARIATION: In the event where buyer request any changes in design, manufacturing, order quantity, delivery terms, and/or other matters, prices are subject to reflect those variations. All variations must be disclosed at time of order placement and are subject to approval by authorized AB Inc. staff.

11) CANCELLATION: Orders may be partly or fully cancelled within three (3) business days of placement by sending a written notice to Adventure Bounce Inc. AB Inc., at its discretion, has the right to withhold initial payment(s) made my customer(s) to use as remedy for production readjustment and associated costs.

12) ALL SALES ARE FINAL: All sales are final except where warranty issues should arise as outlined in provision 4. There are absolutely no exchanges or refunds once final payment is received and product has been sent to customer.

13) INDEMNIFICATION AND USE:
"PURCHASOR" (person, company or entity buying the inflatable product or device), is solely responsible for the manner of use of the products and other equipment purchased from Adventure Bounce, Inc. "PURCHASER" is solely responsible for all warnings, signs, and labels to consumers or other users of the products and equipment, and for 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. "PURCHASER" acknowledges that they have received, read and fully understand all necessary instructions for the safe setup and operation of their Adventure Bounce, Inc. product or device. "PURCHASOR" agrees to operate their Adventure Bounce, Inc. product or device according to the instructions established by AB Inc. "PURCHASOR" agrees to operate their product or device according to all state and local government requirements. "PURCHASER" agrees to train any person(s) operating the product or device in the safe operation of the product or device including safe handling of emergency situations. "PURCHASER" shall use proper stakes, tie-downs, and other applicable devices necessary to ensure the safety of users and the general public. "PURCHASER" agrees to indemnify, defend and hold harmless Adventure Bounce, Inc. and its Insurers from actions and claims of third parties, including customers of "PURCHASER" and users of the goods and products sold to "PURCHASER", 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 "PURCHASER". In the event Adventure Bounce, Inc. is required to commence an action to enforce this provision, "PURCHASER" shall pay all of Adventure Bounce, Inc. legal costs and expenses.

14) GOVERNING LAW, JURISDICTION, AND VENUE:
These terms shall be governed by, and construed in accordance with, the laws of the State of California. The purchaser agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding these terms and further agrees and consents that venue of any action brought hereunder shall be exclusively in the County of Los Angeles.

 



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