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1. Acceptance: eInflatables accepts and confirms Buyer’s purchase order for the items. goods, and products described on the Quote/Invoice. 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 items 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 confirmation of order, eInflatables is not responsible for typographical or clerical errors made in any quotations, orders, or publications. It's buyer's full responsibility to check with buyer's local government on any laws and regulation related to the purchase and the use of the products. Buyer agrees to get all required certificate and license from local government before using / renting any of eInflatables products.2. Payment: Payment shall be made as follows: Buyer must make a minimum of 30% deposit on the price of each item not currently in stock. The balance is due 5 days prior to the date of shipping the item, which date will be indicated on the invoice to Buyer. For orders of equipment and items in stock, 100% payment is due with Buyer’s return of the Quote/Invoice. All funds for payment shall be in US 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 will not begin manufacturing of any order unless deposit payment is first received.
3. Shipment: eInflatables shall ship the goods to the site specified on the Quotation document. Orders shall be shipped F.O.B. carrier from eInflatables factory, in Pacoima, California. All risk of loss passes to Buyer when eInflatables hands off the order, or any portion thereof, to the shipping carrier. If Buyers does not specify a preferred method of shipment before the order is placed, eInflatables shall exercise sole discretion in selecting a method of shipment. eInflatables uses the services of major common carrier and delivery services and, for foreign orders, freight forwarders. All costs and expenses relating to any shipment, including insurance, customs expensed, duties, taxes, etc. shall be the sole responsibility of Buyer. eInflatables will ship freight prepaid, unless buyer requests other arrangements prior to placing the order. Shipments can be insured at Buyer’s expense and eInflatables assumes no responsibility for placing of valuation upon and shipment unless requested to do so by Buyer. Partial shipment shall not be made unless Buyer agrees to pay additional shipping costs for the split order, and eInflatables had been paid full for the entire order. eInflatables commits to ship all none stock orders ( 5+/- business day) from the ship date indicated on the Quote/Invoice but in no way will guarantee the shipping transit time of any order unless a) it is noted in the Invoice b) Buyer has paid guarantee delivery fee c) Written communication is given to the Buyer of the delivery date. Buyer agrees not to rent out the products purchased on this order, until shipment is arrived, and inspection of the unit has been completed by buyer. EInflatables shall not be liable for damage or for delay in delivery arising from fright carrier or negligence including but not limited to, destruction or damage to the goods during shipping transit.
4. Inspection: Upon carrier delivering the order, the Buyer must inspect the external packaging for damage(s) before signing the Bill of Lading. It is required that the buyer take pictures of the damage visible on the package and make a note on the Delivery Receipt (Bill of Lading) of the damage. Buyer shall inspect the goods inside the packaging promptly after receipt. Any claim of shortage, breach of warranty, damage, or defect that would be observable upon reasonable inspection of the goods is waived by Buyer unless Buyer submits claim in writing (Email) 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 Buyer received the product(s) without defect(s).
5. Disclaimer: Pursuant to provisions of eInflatables limited warranty, 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 or maintained.
6. 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 Quote/Invoice or eInflatables or Buyer’s performance or nonperformance, or any acts 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 notwithstanding the limitations and exclusions of paragraphs 6 and 7, 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.
7. Tolerances: All dimensions weights stated in the catalogues, price lists, or elsewhere pertaining to the products sold by eInflatables are approximate and within industry tolerances. Due to color variability in computer and screen monitors, and printed materials Einflatables does not guarantee color shades of the products will match monitors, and printed materials
8) Limited Warranty: Einflatables provides Buyer a limited repair and replacement warranty and agrees and warrants the products, will be fit for the intended purpose, merchantable, and without material defect in workmanship and materials for the period and types of products specified by category below:
a) All Dry Unit such as Bounce Houses and Combos carry a (2) year warranty from date of purchase.
b) Slides, Interactive units, games and Inflatables that are used wet carry a (2) year warranty from date of purchase.
c) All products sold to indoor facility carry (1) year warranty from date of purchase.
d) All Components such as zippers, netting, mesh, basketball hoops and nets, Boxing gloves, bungee cords, bungee vest, Velcro suits, slide covers, steps, sand bags, and storage bags carry a One hundred twenty (120) days warranty from date of purchase
e) Other Equipment not manufactured by Einflatables such as Tarps, Stakes, Misters, Hoses, Blowers, Rolling Machine, Zorb Balls, Chairs and Tables, Dolly, all types of concession machines, no warranty of any kind is extended by EInflatables and all warranty claims should be handled directly with the manufacturer. Misuse, improper handling or storage, improper maintenance and care, or accidental, abusive or negligent treatment of the product will invalidate the eInflatables warranty coverage. The Buyer’s usage of any inflatable product on a hard surface base (any surface other than grass), without the use of a tarp shall constitute improper usage and resulting damage or defect shall not be covered. Rolling up a wet unit with evidence of water in the inflatable (will result in rotting thread and breaking seams), shall constitute improper usage and resulting damage shall not be covered. Discoloration of vinyl due to silly string, cleaning chemicals, or yellowing due to well water residue shall constitute improper maintenance and damages shall not be covered.
9. 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 damages. eInflatables is not liable for loss of use or profits under any circumstances.
10. Modifications: Prices are subject to adjustment if Buyer requests changes in specifications, quantities, or deliver requirements. All Paragraphs of this Quote/Invoice 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 unless eInflatables and Buyer mutually agree to an appropriate change order fee and an appropriate new shipment date, if applicable.
11. Cancellation / Return Policy: All sales are final, and no returns will be accepted. If the order has not shipped, orders may be canceled at no charge if the cancellation is made within 48 hours of the invoice date (Deposit date). Cancellations made 48 hours after the invoice date (deposit date) will result in a 25% restocking fee and 75% cancellation fee for all customized units, and all sign banners.
12. 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.
13. 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.
14. 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 product 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 of 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 of 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 Summit Ridge Industries Inc. dba eInflatables and its officers, directors, shareholders, employees and agents against and in respect of any actions and all claims, demands, losses, costs, expenses, 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 an action to enforce this provision, Buyer shall pay all eInflatables legal costs and expenses.
15. Assignment and Delegation: The rights and obligations of the Buyer under this Quote/Invoice may not be assigned or delegated by Buyer without the written, signed consent of eInflatables.
16. Integration: There are no representations, warranties or conditions, expressed or implied, statutory or otherwise except those herein contained, and no other Documents or waivers collateral hereto shall be binding on either party unless in writing and signed by Buyer and accepted by eInflatables. This Quote/Invoice contains all the promises, warranties, terms and conditions of the Order between the parties and supersedes any and all oral or implied promises, undertakings, and prior agreements.
17. Governing Law, Jurisdiction and Venue: to the fullest extent permitted by applicable law, Buyer herby 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 Quote/Invoice and Buyer herby 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 Quote/Invoice in any court other than as herein above specified.
18. 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.
19. Severability: If any of the Terms or Conditions of this Quote/Invoice is found to be unenforceable, illegal, or unconscionable by a court of competent jurisdiction, the remaining terms and conditions of this Quote/Invoice shall stay in full force and effect.