Download a Word document of our TERMS AND CONDITIONS OF SALE.

Inflatable 2000, Inc.
TERMS AND CONDITIONS OF SALE

1.ACCEPTANCE:  WE ACCEPT AND CONFIRM YOUR PURCHASE ORDER FOR THE ITEMS, GOODS AND PRODUCTS DESCRIBED HEREIN. YOU AGREE TO THE TERMS AND CONDITIONS OF SALE SET FORTH ON THE FACE AND REVERSE SIDES HEREOF. NO DIFFERENT OR ADDITIONAL TERMS ARE ACCEPTABLE BY INFLATABLE 2000, INC. UNLESS AGREED ON IN WRITING AND SIGNED BY INFLATABLE 2000. 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 INFLATABLE 2000 UNLESS SPECIFICALLY STATED TO THE CONTRARY ON THE FACE OF THIS CONFIRMATION OF ORDER. INFLATABLE 2000 IS NOT RESPONSIBLE FOR TYPOGRAPHICAL OR CLERICAL ERRORS MADE IN ANY QUOTATIONS, ORDERS OR PUBLICATIONS.

2.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 Inflatable 2000 on the reverse side hereof or as soon as possible. For orders of equipment and items in stock, 100% payment shall accompany Buyers return of this confirmation of Order. All funds for payment shall be in U.S. dollars 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 2000. Shipments will not be made C.O.D. Inflatable 2000 may refuse to manufacture any item unless payment in full is first received whenever, in the sole discretion of inflatable 2000, there is doubt as to Buyer’s ability to pay.

3.Shipment: The goods shall be shipped F.O.B. carrier Inflatable 2000’s factory, Azusa, CA. All risk of loss passes to Buyer when Inflatable 2000 delivers the order, or any portion thereof, to the carrier. If Buyer does not specify a preferred method of shipment, Inflatable 2000 shall exercise sole discretion in selecting a method of shipment. Inflatable 2000 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. Inflatable 2000 generally will ship freight collect, unless Buyer requests other arrangements and prepays Inflatable 2000 for all shipping expenses. Shipments will be insured at Buyer’s expense unless otherwise specified, and Inflatable 2000 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 2000 in order to facilitate the earliest possible delivery of the item ordered; provided, however, that partial shipment shall not be made unless Inflatable 2000 has been paid in full for the entire order. The customer must inspect the package(s) for damage(s) before signing the Bill of Lading. Customer should refuse the shipment if there is damage on the package or should make a note on the Delivery Receipt (Bill of Lading), for further claim evaluation. Any freight claim must be submitted to the freight carrier immediately.

4.Delivery: The promised delivery date is the best estimate possible based on current and anticipated factory loads, of when the order will be shipped. Inflatable 2000 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, Acts of God, public enemy, acts of government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather. If the delay is caused by the delay or default of a subcontractor of Inflatable 2000 and if such delay arises from causes beyond the control of both Inflatable 2000 and the subcontractor, Inflatable 2000 shall not be liable to buyer in damages.

5.Inspection: Buyer shall inspect the product(s) promptly after receipt and shall notify Inflatable 2000 in writing, including photos, of any claims, including claims of breach of warranty, within five (5) days after Buyer discovers or should have discovered the facts upon which the claim is based. Failure of Buyer to give written notice / photos 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).

6.DISCLAIMER: THE PROVISIONS OF PARAGRAPH 5 ARE INFLATABLE 2000’S SOLE OBLIGATION AND INFLATABLE 2000 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. INFLATABLE 2000 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. 

7.LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL INFLATABLE 2000 BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, DELAY OR SPECIAL DAMAGES, LOSSES OR EXPENSES ARISING FROM THIS CONFIRMATION OF ORDER OR INFLATABLE 2000 OR BUYER’S PERFORMANCE OR NONPERFORMANCE, OR ANY ACTS OR OMISSIONS OF INFLATABLE 2000, OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE GOODS FOR ANY PURPOSE WHATSOEVER. IN ANY AND ALL EVENTS, IN THE EVENT INFLATABLE 2000 IS FOUND LIABLE FOR DAMAGES NOTWITHSTANDING THE LIMITATIONS AND EXCLUSIONS OF PARAGRAPHS 7 AND 8, INFLATABLE 2000 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.

8.Tolerances: All dimensions stated in the catalogues or elsewhere pertaining to products sold by Inflatable 2000 are approximate and within industry tolerances.

9.Patents: Inflatable 2000 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 Inflatable 2000 if making, using, or selling the goods will constitute infringement of a patent. If Inflatable 2000 determines, in its sole discretion, that making, using, or selling the goods would result in the infringement of any patent, Inflatable 2000 reserves the right to cease manufacturing the product, without liability to Buyer.

10.Modifications: 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 goods to which such changes apply, and no modification of the terms and conditions hereof shall be binding on Inflatable 2000 unless contained in writing signed by Inflatable 2000 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 prior to the intended shipment date unless Inflatable 2000 and Buyer mutually agree to an appropriate change order fee and appropriate new shipment date, if applicable.

11.            Cancellation of custom or modified Productsand re-stocking fees: All sales are final. Orders may be cancelled at no charge if the cancellation is made on the invoice date only. Cancellations made after invoice date will result in a 20% restocking fee. All other cancellations, except for custom orders and sign banners will result in a 25% re-stocking fee. Cancellation of custom orders or sign banners will result in full payment being forfeited. Buyer may cancel this order, in whole or in part, upon both written notice to inflatable 2000 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 Inflatable 2000 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 2000 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 costsincurred by Inflatable 2000 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.

12.Returns Policy: For any item purchased from Inflatable 2000 and 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.

13.                                     Warranty:NJI styles only guaranteed for (2) years (for sales within the USA). All other inflatable products guaranteed for (1) years and any inflatables sold to an indoor facility will be guaranteed for (1) year. Any defect in products resulting from negligence, improper usage or unusual wear and tear caused by excessive usage is excluded from Inflatable 2000’s warranty coverage. The customer’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 any resulting damage or defect shall not be covered by Inflatable 2000 warranty. Colors, artwork and design are subject to change without prior notice and will not be considered defects. Warranty repair work will be provided by Inflatable 2000 at the Azusa plant. Inflatable 2000 disclaims any responsibilities for modifications and repairs from an unauthorized repair plant. All shipping costs to and from our facility for warranted items will be paid by customer. All new Blowers and non-Inflatable 2000 manufactured products are warranted directly by the respective manufacturer. For blower trouble-shooting or warranty, please refer to the blower manufacturer manual included in box. All other accessories have a thirty (30) day warranty from date of shipment. No warranty is provided on misters, soaker hoses, zippers, grommets. All used inflatables are sold “as is” with no warranty. Except as provided in the above agreement, Inflatable 2000 makes no other warranties on its products.

14.Taxes: 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. All “Will call” orders and orders shipped with a CA destination are subject to CA sales tax, unless recipient has a valid CA Seller’s Permit. 

15.Interpretation: The rights and liabilities arising out of this contract with Inflatable 2000 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).

16.Effect of Breach on Risk of Loss: Breach of this contract by Inflatable 2000 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.

17.Indemnification: Buyer agrees to indemnify, hold harmless and defend Inflatable 2000 from actions and claims of third parties, including customers of Buyers 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. In the event Inflatable 2000 is required to commence an action to enforce this provision, Buyer shall pay all of Inflatable 2000’s legal costs and expenses.

18.Integration: 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 be binding on either party unless in writing and signed by buyer and accepted by Inflatable 2000. 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.

19.Governing Law, Jurisdiction and Venue: In the event of litigation between the parties concerning the order or any products shipped to Buyer hereunder, such action shall be governed by the laws of California, U.S.A., venue shall be in Monrovia, California and the action shall be brought in the California or federal courts of appropriate jurisdiction.  

Download a Word document of our TERMS AND CONDITIONS OF SALE.