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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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