Acceptance: eInflatables accepts and confirms Buyer's purchase order for the items, goods and products described on the Sales Invoice and or Confirmation of Order. Buyer agrees to the terms and conditions of sale set forth below. No different or additional terms are acceptable by eInflatables unless agreed in writing and signed by eInflatables. These terms and conditions are exclusive and in lieu of all other terms and conditions appearing on Buyer's purchase order or elsewhere and apply to all quotations made and orders accepted by eInflatables. Unless specifically stated to the contrary on the Invoice / Confirmation of Order, eInflatables is not responsible for typographical or clerical errors made in any quotations, orders or 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. The balance is due prior to the date of shipping the item, which date will be provided to buyer by eInflatables 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 eInflatables. Shipments will not be made C.O.D. eInflatables may refuse to manufacture any item (unless payment in full is first received) whenever, in the sole discretion of eInflatables there is doubt as to Buyer's ability to pay.
Shipment: eInflatables shall ship the goods to the site specified on the Invoice / Confirmation of Order or, if the Buyer chooses, Buyer shall pick up the goods at eInflatables warehouse during normal business hours. If Buyer picks up goods, Buyer shall inspect goods and sign for receipt of goods in acceptable condition. If shipped, the goods shall be shipped F.O.B. carrier at eInflatables factory, in Santa Fe Springs, California. All risk of loss passes to Buyer when eInflatables delivers the order, or any portion thereof, to the carrier. If Buyer does not specify a preferred method of shipment, eInflatables shall exercise sole discretion in selecting a method of shipment. eInflatables uses the services of 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. eInflatables generally will ship freight prepaid, unless buyer requests other arrangements. Shipments will be insured at buyer's expense unless otherwise specified, and eInflatables assumes no responsibility for placing of valuation upon a shipment unless requested to do so by Buyer. Partial shipments of any order to Buyer may be made by eInflatables in order to facilitate the earliest possible delivery of the item(s) ordered; provided, however, partial shipment shall not be made unless eInflatables has been paid in full for the entire order.
Delivery: The promised delivery date is the estimate possible based on current and anticipated factory loads, of when the order will be shipped. eInflatables 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, destruction or damage to the goods or eInflatables manufacturing plant, shortage of raw materials, acts of God, public enemy, act of government, fires, floods, strikes, freight embargoes and severe weather. If the delay is caused by the delay or default of a subcontractor of eInflatables and if such delay arises from causes beyond the control of both eInflatables and the subcontractor, eInflatables shall not be liable to Buyer for damages.
Inspection: Buyer shall inspect the goods promptly after receipt. Any claim of shortage, breach of warranty, damage, or defect, which would be observable upon reasonable inspection of the goods, is waived by Buyer unless Buyer submits claim in writing to eInflatables within Five (5) days of receipt of the merchandise. Failure of Buyer to give written notice of a claim within this inspection time period shall be deemed to be 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: Pursuant to provisions of paragraph 5, eInflatables excludes all other remedies or warranties, express or implied, including warranties of merchantability 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 purposes or specifications are described herein. eInflatables 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.
LIMITATION OF LIABILITY: Under no circumstances shall eInflatables be liable for any incidental, remote, speculative, consequential, punitive, reliance, delay, special damages, losses or expenses arising from this Confirmation of Order or eInflatables or Buyer's performance or nonperformance, or any act or omissions of eInflatables or in connection with the use of or inability to use the goods for any purpose whatsoever. In the event eInflatables is found liable for damages not withstanding the limitations and exclusions contained in this section, eInflatables shall not be responsible for damages to any person or entity, including, but not limited to buyer and Buyer's customers, for any amount exceeding the amount paid by Buyer for the products ordered and confirmed by this confirmation order.
Tolerances: All dimensions stated in the catalog, price lists, or elsewhere pertaining to the products sold by eInflatables are approximate and within industry tolerances.
Limitation of Remedies: Replacement or repair at eInflatables option shall be the sole remedy of buyer with respect to any defective or non conforming goods or parts and shall be the exclusive remedy of buyer, regardless of any remedy otherwise available under applicable law. eInflatables is not liable for remote, special, speculative, or consequential damage. eInflatables is not liable for loss of use or profits under any circumstances.
Modifications: Prices are subject to adjustment if Buyer requests changes in specifications, quantities, or deliver requirements. All Paragraphs of this confirmation of Order shall apply to goods to which such changes apply, and no modification of the terms and conditions here of shall be binding on eInflatables unless contained in writing signed by eInflatables and expressly stating both that such terms are being modified and the nature of such modification. An order cannot be changed within the two (2) week period prior to the intended shipment date unless eInflatables and Buyer mutually agree to an appropriate change order fee and a appropriate new shipment date, if applicable.
Cancellation Policy: Buyer may cancel this order, in whole or in part, upon both written notice to eInflatables and payment of cancellation charges, which charges shall be the sum of (1) the price of all goods that have been delivered and not previously paid for, plus (2) the actual cost incurred by eInflatables that is properly applied to the goods not delivered at the time of decrease or cancellation, including, without limitation, the cost of components and materials purchased for use in producing such goods, plus (3) the profit, and reasonable overhead that eInflatables would have made from full performance by Buyer, plus (4) the costs of engineering, prototypes, testing, tooling, and similar items produced for Buyer, plus (5) the reasonable costs incurred by eInflatables in making settlement and effecting collection hereunder. Buyer may require delivery to it of any material (except tools, molds, dies and any other equipment) for which payment hereunder is made.
Return Policy: All Sales are final unless otherwise agreed to in writing. If however, an item is returned for reasons unrelated to a warranty claim, a restocking fee of 25% of the price of the item(s) refunded will be paid by Buyer.
Copyrights and Patents: The copyright and patents of the designs, data sheets, packaging and literature of eInflatables shall remain the property of eInflatables and no rights or license (except as to the use for which eInflatables goods are supplied) shall be granted herby whether expressed or implied. eInflatables 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 eInflatables if making, using, or selling the goods will constitute infringement of a patent or copyright.
Taxes: All charges are subject to the federal, state and local taxes, if any, applicable, at the point of delivery. Buyer shall pay such taxes imposed on this order, and all penalties and interest, if any accrued therewith.
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 goods purchased from eInflatables.
Interpretation: The rights and liabilities arising out of this contract with eInflatables 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 Loss: Brach of this contract by eInflatables shall have no effect on the provisions controlling the risk of loss of the goods, and Section 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 eInflatables. "Buyer" 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, number of participants and medical condition limitations), to ensure the safety of the users. "Buyer" acknowledges that they have received, read and fully understand all necessary instructions for the safe setup and operation of their eInflatables product or device. "Buyer" agrees to operate their eInflatables product or device according to the instructions established by eInflatables. "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 proper stakes, tie-downs, and other applicable devices necessary to ensure the safety of users and the general public. Buyer agrees to Indemnity, hold harmless, and defend Funtastic Factory, Inc. dba eInflatables and its officers, directors, shareholders, employees and agents against and in respect of any actions and all claims, demands, losses, cost, expense, obligations, liabilities, damages, recoveries and deficiencies, including interest and penalties that eInflatables shall incur, or suffer, which arise, result from, or relate to the use of goods and products sold to Buyer and used by Buyer, Buyer's lessees, customers, and/or any other third parties using the goods and products, including but not limited to , any other persons injured by or on account of such goods and products described herein. In the event eInflatables is required to commence action to enforce this provision, Buyer shall pay all of eInflatables legal costs and expenses.
Assignment and Delegation: The rights and obligations of the Buyer under this Confirmation of Order may not be assigned or delegated by Buyer without the written signed consent of eInflatables.
Integration: There are no representations, warranties or conditions, expressed or implied, statutory or otherwise except those herein contained, and no Confirmation of Orders or waivers collateral hereto shall be binding on either party unless in writing and signed by Buyer and accepted by eInflatables. This Confirmation of Order contains all of the promises, warranties, terms and conditions of the Confirmation of Order between the parties and supersedes any and all oral or implied promises, undertakings and prior agreements.
Governing Law, jurisdiction and Venue: To the fullest extent permitted by applicable law, Buyer hereby irrevocably submits to the jurisdiction of any state or federal court located in the County of Los Angeles, State of California, USA, over any action, suit or proceeding to enforce or defend any right under this Confirmation of Order, and Buyer hereby irrevocably agrees that all claims in respect of any such action or proceeding may be heard or determined in such state or federal court. To the fullest extent permitted by applicable law, buyer herby irrevocably waives the defense of any inconvenient forum to the maintenance of any such action or proceeding or any other substantive or procedural rights or remedies Buyer may have with respect to the maintenance of any such action or proceeding in any such form and Buyer herby agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in any other jurisdiction by suit on the judgment or in any other manner provided by law. Buyer agrees not to institute any legal actions or proceedings against eInflatables or any affiliate, arising out of or relating to this Confirmation of order in any court other than as herein above specified.
Attorney's Fee: In the event either party brings an action to interpret or enforce its rights under this Confirmation of Order, the prevailing party shall be entitled to reasonable attorney's fees and costs which may be set by the court in the same action, in addition to any other relief to which it may be entitled.
Severability: If any of the Terms or Conditions of this Confirmation of Order are found to be unenforceable, illegal or unconscionable by a court of competent jurisdiction, the remaining terms and conditions of this Confirmation of Order shall stay in full force and effect.
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Limited Warranty: eInflatables 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 product specified as follows:
1. All inflatables manufactured by eInflatables: Two (2) years from the date of shipment to Buyer. * (One year warranty for units sold for indoor use)
2. Pieces and Parts ordered from eInflatables: Ninety (90) days from the date of shipment to Buyer.
3. Other Equipment (not manufactured by eInflatables: No warranty of any kind is extended by eInflatables, but eInflatables will, to the extent it can legally and contractually do so, assign to Buyer, at Buyer's request, all warranties on such other equipment, if any, offered by the manufactures or suppliers of such other equipment.
A product shall not be considered defective if it is a different color than shown in eInflatables catalog and no warranty is made relating to zippers, color, velcro, digital printing or any airbrushing done on any unit. All requests of buyer for all warranty work and replacement are subject to product inspection at eInflatables factory in Santa Fe Springs, California. Ordinary wear and tear will not invalidate eInflatables limited warranty, but misuse, improper handling or storage, improper repairs, improper maintenance and care, lack of ground cover under inflatable, or accidental, abusive or negligent treatment of the product will invalidate eInflatables warranty. Buyers must use stakes and all tie-down tethers at all times to insure 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 repairs of which are the responsibility of Buyer. If the product is evaluated and found defective, and the warranty for such product is in force, eInflatables will bear the cost of shipping the repaired or replaced product in both directions; otherwise, all shipping costs will be borne solely by Buyer. No statement, remark or representation of any employee or agent of eInflatables may vary this Limited Warranty unless in writing and signed by the President of eInflatables.
Prices and specifications are subject to change without notice.
All dimensions shown are nominal, not actual.
We have tried to be as accurate as possible in creating this website.
However, we will not be responsible for errors or omissions.