We accept and confirm your order upon receipt of deposit for the items, goods and products described on your order. You agree to the terms and conditions of sale set forth on the order page and as set forth herein below, no different or additional terms are acceptable by Inflatable Depot Inc. unless agreed on in writing and signed by Inflatable Depot Inc. These terms and conditions are exclusive and in lieu of all other terms and conditions appearing on buyer's order or elsewhere and apply to all quotations made and orders accepted by Inflatable Depot Inc. Inc. Unless specifically stated to the contrary on the face of this confirmation of order. Inflatable Depot Inc. is not responsible for typographical or clerical errors made in any quotations, orders or Inflatable Depot Inc publications.
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 at the time of Buyer's return of this Confirmation of Order. The balance is due prior to the date of shipping the item, which anticipated time frame will be provided to Buyer by Inflatable Depot Inc. on the cover page or as soon as possible. For orders of equipment and items in stock, payment shall accompany Buyer's return of this Confirmation of Order. All funds for payment shall be in the currency specified in the order form in the form of 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 Inflatable Depot Inc; Shipments will not be made C.O.D. Inflatable Depot Inc. may refuse to manufacture any item unless payment in full is first received at the sole discretion of Inflatable Depot Inc., there is doubt as to Buyer's ability to pay. Any deposit or payment not paid for in full by 6 months after notification of receipt of unit will be considered in default and abandoned. Any order will then be considered canceled and any payments or deposits will not be refunded or held as credit.
The goods shall be shipped EX-WORKS Inflatable Depot Inc.'s facility in Orlando, Florida or any other facility of The Inflatable Depot, Inc around the world. All risk of loss passes to Buyer when Inflatable Depot Inc. delivers the order, or any portion thereof, to the carrier. If Buyer does not specify a preferred method of shipment, Inflatable Depot Inc. shall exercise sole discretion in selecting a method of shipment. Inflatable Depot Inc. 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. Any shipping or freight damages and claims will be made by to buyer directly to the freight company. Inflatable Depot Inc. generally will ship freight collect, unless Buyer requests other arrangements and prepays Inflatable Depot Inc. for all shipping expenses. Shipments will not be insured unless otherwise specified, and Inflatable Depot Inc. assumes no responsibility for placing of valuation upon a shipment unless requested to do so by Buyer. Partial shipments of any order from Buyer may be made by Inflatable Depot Inc. in order to facilitate the earliest possible delivery of the item ordered; provided, however, that partial shipment shall not be made unless Inflatable Depot Inc. has been paid in full for the entire order. Final payments on all orders must be received at least 48 hours prior to the estimated shipping date listed on the order. All orders must be paid in full within three weeks of arrival notice, or are subject to resale, storage fees, cancellation fees and or loss of deposit. Any units stored at Inflatable Depot's warehouse, even those paid in full, beyond 30 days of arrival are subject to a daily storage and handling fees.
The projected delivery date is Inflatable Depot Inc.'s reasonable time estimate, based on receipt of deposit, current and anticipated factory loads, of when the order will be shipped and is NOT an implied guarantee. Inflatable Depot Inc. shall not be liable for damage or for delay; causes beyond its control and without its fault or negligence including, but not limited to, acts of God, acts of government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes or delays, and severe weather. If the delay is caused by the delay or default of a subcontractor of Inflatable Depot Inc. and if such delay arises from, causes beyond the control of either Inflatable Depot Inc. or the subcontractor, Inflatable Depot Inc. shall not be liable to Buyer in damages.
Inflatable Depot Inc. provides Buyer a limited repair 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 period and types of product specified as follows:
Buyer shall inspect the product(s) promptly after receipt and shall notify Inflatable Depot Inc. in writing of any claims, including claims of breach of warranty within fifteen (15) days after Buyer discovers or should have discovered the 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, a waiver of the right to reject the goods, and conclusive proof that the product(s) were received by Buyer without defect(s).
The provisions of paragraph 5 are Inflatable Depot Inc.'s sole obligation and Inflatable Depot Inc. 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 said purposes or specifications are described herein. INFLATABLE DEPOT INC. 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.
Under no circumstances shall Inflatable Depot Inc. be liable for any incidental, consequential, punitive, reliance, delay or special damages, losses or expenses arising from this confirmation of order or Inflatable Depot Inc.'s or buyer's performance or nonperformance, or any acts or omissions of Inflatable Depot Inc., or in connection with the use of, or inability to use, the goods for any purpose whatsoever. In any and all events, if Inflatable Depot Inc. is found liable for damages, notwithstanding the limitations and exclusions of paragraphs 7 and 8, Inflatable Depot Inc. shall not be responsible for damages to any person or entity, including but not limited to buyer and buyer's customers, for an amount exceeding the amount paid by buyer for the products ordered and confirmed by this confirmation order.
All dimensions stated in the catalogues or elsewhere pertaining to products sold by Inflatable Depot Inc. are approximate and within industry tolerances.
Inflatable Depot Inc. makes no warranty that the goods will he delivered free of the rightful claim of any third party by way of infringement or the like. If Inflatable Depot Inc. determines, in its sole discretion, that making, using, or selling the goods would result in the infringement of any patent, Inflatable Depot Inc. reserves the right to cease manufacturing and/or shipping the product, without liability to Buyer.
Prices are subject to adjustment if Buyer 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 Inflatable Depot Inc. unless contained in a writing signed by Inflatable Depot Inc. and expressly stating both that such terms are being modified and the nature of such modification. a) This order cannot be changed within the two (2) week period prior to the projected shipment date unless INFLATABLE DEPOT INC. and Buyer mutually agree to an appropriate change order fee and an appropriate new shipment date, if applicable.
Buyer may cancel this order, in whole or in part, upon written notice to Inflatable Depot Inc. on or before the fourteenth day prior to the projected ship date. Orders cancelled prior to the fourteenth day prior to shipment will be subject to costs and fees including but not limited to: any credit card processing and discount fees, bank fees or restocking fee. Unless canceled on or before the fourteenth day prior to projected shipment date, Buyer shall be liable for the 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 Inflatable Depot Inc. that is properly allocable 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 Inflatable Depot Inc. have made from full performance by Inflatable Depot Inc., plus (4) the costs of engineering, prototypes, testing, tooling, and similar items produced for Buyer, plus (5) the reasonable costs incurred by Inflatable Depot Inc. in making settlement and effecting collection hereunder. In no event will the fee for Buyer's ultimately cancellation of an order be less than ten percent (10%) of the total order, but no such cancellation fee will be imposed if Buyer complies with the first sentence of this Paragraph 12. other than credit card processing and discount fees. (CUSTOM PIECES OF ANY NATURE ARE NON CANCELLABLE AFTER PRODUCTION HAS BEEN SCHEDULED.)
For any item purchased from Inflatable Depot Inc. and returned for reasons unrelated to a warranty claim, a restocking fee of twenty-five percent (25%) of the price of the item(s) returned will be paid by Buyer. The Inflatable Depot will not accept any returns on any custom pieces, this includes banners, custom designs, and custom ordered colors. Returns without prior authorization will not be accepted and will be returned freight collect and not accepted at a later date.
All charges are subject to the federal, state and local taxes, if any, pertinent at the point of delivery. Buyer shall pay such taxes imposed on this order, and all penalties and interest, if any, accrued therewith.
The rights and liabilities arising out of this contract with Inflatable Depot Inc. shall be determined under the Uniform Commercial Code as enacted in Florida, without application of choice of law rules or the United Nations Convention on Contracts for the Sale of Goods (as to foreign shipments).
Breach of this contract by Inflatable Depot Inc. shall have no effect on the provisions controlling the risk of loss of the goods, and Sections 2-510(1) and 2-510(2) of the Uniform Commercial Code shall have no effect on this Confirmation of Order.
Buyer is solely responsible for the manner of use of the products and other equipment. 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, medical condition limitations), to ensure the safety of the users. Buyer shall use stakes, tie-downs, and other applicable devices necessary to ensure the safety of users. Buyer agrees to indemnify, hold harmless and defend Inflatable Depot Inc. from actions and claims of third parties, including customers of Buyer and users of the goods and products sold to Buyer, 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 Buyer. In the event Inflatable Depot Inc. is required to commence an action to enforce this provision, Buyer shall pay all of Inflatable Depot Inc.’s legal costs and expenses.
There are no representations, warranties or conditions, express or implied, statutory or otherwise except those herein contained, and no agreements or waivers collateral hereto shall he binding on either party unless in writing and signed by Buyer and accepted by Inflatable Depot Inc.. This Confirmation of Order contains all of the promises, warranties, terms and conditions of the agreement between the parties and supersedes any and all oral or implied promises, undertakings and prior agreements.
All logos, product names, trademarks, artwork, literature, photographs and designs used for the purpose of selling Seller products, including Inflatable Depot products, are proprietary, and Seller has the sole rights and license for use of these items. Any unauthorized reproduction of any of these items constitutes a copyright infringement and is punishable by law
Jurisdiction and Venue: In the event of litigation between the parties concerning the order or any product shipped to Buyer hereunder, such action shall be governed by the laws of Florida, U.S.A. Venue shall be in Orange County, Florida, and the action shall be brought in the Florida or federal courts of appropriate jurisdiction.
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 CATALOG, HOWEVER WE WILL NOT BE RESPONSIBLE FOR ERRORS OR OMISSIONS.
This document Copyrighted 2014supersedes any existing document both written and published by “Seller” in any sales literature, mailings or website.