Effective March 1, 2012
This sales contract, hereby known as "Contract", is entered by and between Bounce Time Inflatables., hereby known as "BTI", and its customer, hereby known as "Customer". The Contract consists of these terms and conditions, hereby known as "Ts&Cs", and the sales invoice, hereby known as "Invoice".
"Blower": the mechanical equipment used to pump air into inflatable structures.
"Blower Manufacturer": the manufacturing company responsible for constructing the Blower.
"Custom Product": any product not advertised or manufactured by BTI, and any original BTI product that a Customer has requested changes or modifications to, including changes to colors and dimensions.
"Customer": the person(s), company, and/or legal entity stated on the invoice and who is purchasing products from BTI.
"Indoor Center": An indoor family entertainment center, indoor playground/play center or indoor play room; specifically, high volume establishments providing entertainment services open for public use; an indoor children's amusement center where inflatable rides may experience heavy rider traffic.
"Inflatable": an air filled play structure used by patrons for entertainment and/or sporting purposes.
"Invoice": the sales sheet that includes the products purchased, Customer information, shipping information, and purchase price.
"Invoice Date": the date which a deposit is received for products purchased.
"BTI": Bounce Time Inflatables., the manufacturing company of inflatable products and seller of accessories and equipment.
"Shipping Carrier": a third party common carrier used to transport goods.
"Water Ride Inflatables": Inflatable rides, including incline slides, horizontal slides and pools, that are designed for use with water.
1. ACCEPTANCE: BTI accepts Customer's order for the inflatable product(s) or item(s) listed on the Invoice. Customer acknowledges that he/she has read and fully understands and agrees to the Ts&Cs set forth below. No different or additional terms will be accepted by BTI without written consent of authorized BTI personnel. BTI is not responsible for clerical or typographical errors made on any of its documents, quotations or literature. This Contract is effective as of the Invoice Date or once Customer has placed a deposit for the Invoice. Customer agrees that by placing a deposit for the Invoice he/she has agreed to the Ts&Cs set forth below.
2. PAYMENT: Payment shall be made on all orders as follows: Customer must make a non-refundable 40% deposit on the price of each Custom Product. For products not in stock, partial payment equal to 30% must be paid at the time of order to reserve production space on the production schedule. Orders placed without a deposit will not be started until a security deposit has been received. Shipping date listed on the Invoice will reflect the date the deposit is received. For each day a deposit has not been received an additional day may be added to the shipping date. Final payment must be received prior to shipment of order. All funds for payment must be in U.S. dollars with a cashier's check, money order, wire transfer, or credit card.
3. SHIPPING: The shipping date indicated on the Invoice refers to the estimated time the product(s) will be completed. BTI uses the services of several common carriers to handle the delivery of its products. Whenever possible, BTI will pass on the discounts offered by shipping carriers to the Customer. Unless a carrier is specified by the Customer, BTI will use, at its discretion, its carrier of choice to deliver the product(s) to the Customer. Unless noted otherwise on the Invoice, all costs and expenses related to shipment, including insurance, customs expenses, duties, taxes, and so on, shall be the sole responsibility of the Customer. BTI will generally ship freight prepaid, unless Customer requests other arrangements. BTI is not responsible for delays in shipping due to weather, Union strikes, fires, floods, freight embargoes and acts of governments. Damages caused by the shipping carrier are not the responsibility of BTI. The shipping carrier's policies for handling of damaged goods during shipping must be followed to ensure that claims are handled properly.
4. LIMITED WARRANTY: BTI provides Customer a limited repair and replacement warranty and agrees to warrant 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 a period determined by the type of product as specified in the following:
A) Inflatables manufactured by BTI: Two (2) years from the date Customer receives order with the exception of the following:
i. All inflatables purchased for use at Indoor Centers are covered for one (1) year from the date Customer receives order.B) Pieces, parts, and accessories (e.g. slide lining, climber lining, etc.) ordered from BTI: Forty five (45) days from the date Customer receives order.
ii. All Water Ride Inflatables intented to be used with water are covered for one (1) year from the date Customer receives order.
C) Other equipment (not manufactured by BTI): No warranty of any kind is extended by BTI, but BTI will, to the extent it can legally and contractually do so, assign, to Customer, at Customer's request, all warranties on such other equipment, if any, offered by the manufacturer or supplier of such other equipment.
The Blower supplied with your Inflatable is covered by the Blower Manufacturer's own warranty. Any claims of defect in the Blower operation must be directed to the Blower Manufacturer directly for repair or replacement. Blowers carry a one (1) year warranty.
A product shall not be considered defective if it is a different color than shown in BTI catalog or website and no warranty is made relating to color. Ordinary wear and tear will not invalidate BTI limited warranty, but misuse, improper handling or storage, improper maintenance and care, or accidental, abusive or negligent treatment of the product will invalidate BTI warranty. This warranty shall become void if Inflatable is packed wet or repaired by any other repair agency not approved by BTI. Customer must use stakes, sandbags, tie-downs and ground cover 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 from time to time, the repair of which is the responsibility of Customer. BTI is not responsible for any lost revenue as a result of a warranty claim by Customer. BTI is not responsible for replacing any Inflatable product with a loaner product during a repair of a product under warranty. BTI shall make all such repairs, replacements and corrections with care.
5. SHIPPING OF WARRANTY REPAIRS: All requests of Customer for warranty work and replacements are subject to product inspection at BTI factory. Final evaluation of warranty claim will be done when product arrives at BTI factory. Photo(s) of the suspected area needing repair is/are required to submit a claim. If a returned product is evaluated, found defective and the warranty for such product(s) is in force, BTI will bear the cost of shipping in the following manner:
For the first 180 days after Customer receives order, BTI shall be responsible for ground freight charges to and from BTI factory using an BTI approved freight carrier. For the remaining warranty period, Customer will be responsible for all shipping charges to and from BTI factory. All returned shipments must be pre-approved by BTI and have a returned goods authorization issued; if not, Customer will be responsible for the freight charges.
6. INSPECTION: Customer shall inspect the product(s) promptly after receipt and shall notify BTI in writing of any claims, including claims of breach of warranty, within fifteen (15) days after Customer discovers or should have discovered the facts upon which the claim is based. Failure of Customer 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, a waiver of the right to reject the goods, and conclusive proof that the product(s) were received by Customer without defect(s).
7. TAXES and DUTY: All orders are subject to any applicable federal, state and local taxes. Customer shall pay all such taxes imposed on each order, and all penalties and interest, if any, accrued therewith. All duty and/or taxes owed for international orders shall be paid by Customer to customs authorities of their respectful country.
8. DISCLAIMER: BTI DISCLAIMS ANY RESPONSIBILITY WHATSOEVER TO CUSTOMER OR TO ANY OTHER PERSON FOR INJURY TO PERSON, OR DAMAGE TO AND/OR LOSS OF PROPERTY AND/OR VALUE CAUSED BY ANY PRODUCT WHICH HAS BEEN SUBJECTED TO MISUSE, NEGLIGENCE, ACCIDENT, MISAPPLIED, MODIFIED, REPAIRED BY UNAUTHORIZED PERSONS, IMPROPERLY INSTALLED OR MAINTAINED.
9. USE AND INDEMNIFICATION: Customer is solely responsible for the manner of use of the products and other equipment. Customer is solely responsible for all signage, labels and warnings 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, medical condition limitations), to ensure the safety of the users. Customer shall use stakes, tie-downs, and other applicable devices necessary to ensure the safety of users. Customer agrees to indemnify all third parties, hold harmless and defend BTI from actions and claims of third parties, including customers of Customer and users of the goods and products sold to Customer, 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 Customer. In the event BTI is required to commence an action to enforce this provision, Customer shall pay all of BTI legal costs and expenses.
10. TOLERANCES: All dimensions and weights stated in the catalog, website, or instruction material pertaining to products sold by BTI are approximate and within industry tolerances.
11. COPYRIGHTS: All logos, product names, trademarks, artwork, literature, photographs and designs used for the purpose of producing BTI products are proprietary and the sole property of BTI. Any unauthorized reproduction of any of these items constitutes a copyright infringement and is punishable by law.
12. MODIFICATIONS: Prices are subject to adjustment if Customer 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 hereof shall be binding on BTI unless contained in a writing signed by authorized BTI personnel and expressly stating that such terms are being modified and the nature of such modification. This order cannot be changed after 5 business days from Invoice Date without acceptance by BTI. Any changes requested are subject to re-quotation of the final cost of the product purchased and an appropriate new shipment date, if applicable.
13. CANCELLATION: Customer may cancel his/her order, in whole or in part, upon written notice to BTI within 72 hours from the Invoice Date. Customer may be liable for the payment of any cancellation charges resulting from cancellation incurred by BTI.
14. RETURN POLICY: For any product purchased from BTI and returned for reasons unrelated to a warranty claim, a restocking fee of twenty-five percent (25%) of the price of the products(s) returned will be paid by Customer. Customer will be responsible for any and all charges for the shipping of the product(s) returned. The product(s) must be in an unused condition when returned. Customer will pay any necessary repairs required to bring the product(s) to a like new condition. BTI WILL NOT ACCEPT RETURNS FOR ANY CUSTOM MANUFACTURED PRODUCTS. This includes custom designs and custom ordered colors not standard on the product(s) produced by BTI.
15. GOVERNING LAW / JURISDICTION AND VENUE: In the event of litigation between the parties concerning the order or any product(s) shipped to customer hereunder, such action shall be governed by the laws of California, U.S.A. Venue shall be in Los Angeles County, California, and the action shall be brought in the California or federal courts of appropriate jurisdiction.
16. INTEGRATION: There are no representations, warranties or conditions, expressed 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 Customer and accepted by BTI. This Confirmation of Order contains all of the promises, warranties, Ts&Cs of the agreement between the parties and supersedes any and all oral or implied promises, undertakings and prior agreements.