TERMS OF SALE
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confirmation of order. You agree to the terms and conditions of sale set forth on the cover page and as set forth
herein below. No different additional terms are acceptable by Best bounce houses. Unless agreed on in writing and
signed by Best bounce houses. 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 Best
bounce houses. Unless specifically stated to the contrary on the face of this confirmation of order. Best bounce
houses is not responsible for typographical or clerical errors made in any quotations, orders or Best bounce houses
publications.
2. Payment:
Payment shall be made as follows: Buyer must make a 60% 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 date will be provided to Buyer by Best bounce houses on the cover page 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 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 Best bounce houses. Shipments will not be made C.O.D. Best bounce houses may refuse to manufacture any item
unless payment in full is first received whenever, in the sole discretion of Best bounce houses, there is doubt as to
Buyer's ability to pay.
3. Shipment:
The goods shall be shipped F.O.B. All risk of loss passes to Buyer when delivers the order, Best bounce houses or
any portion thereof, to the carrier. If Buyer does not specify a preferred method of shipment, Best bounce houses
shall exercise sole discretion in selecting a method of shipment. Best bounce houses uses the 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 Best
bounce houses generally will ship freight collect. Shipments will be insured at Buyer's expense unless otherwise
specified, and assumes no responsibility Best bounce houses for placing of valuation upon shipment unless
requested to do so by Buyer. Partial shipments of any order from Buyer may be made by Best bounce houses in
order to facilitate the earliest possible delivery of the item ordered; provided, however, that partial shipment
shall not be made unless Best bounce houses has been paid in full for the entire order.
4. Delivery:
The projected delivery date is Best bounce houses reasonable estimate, based on current and anticipated factory
loads, of when the order will be shipped. Best bounce houses 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,
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 the subcontractor, Best bounce houses and if
such delay arises from causes beyond the control of either Best bounce houses or the subcontractors, Best bounce
houses shall not be liable to Buyer in damages. responsibility of Buyer. If a returned product is evaluated and found
defective, and the warranty for such product is in force, Best bounce houses will bear the cost of shipping the
statement, remark or representation of any employee or agent of Best bounce houses. may vary this Limited
Warranty unless in writing and signed by the President of Best bounce houses.
5. Inspection:
Buyer shall inspect the product(s) promptly after receipt and shall notify Best bounce houses in writing of any
claims, including claims of breech of warranty, within three (3) days after Buyer discovers or should have
discovered the facts upon which the claim is based. Failure of Buyer to give written notice of all 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 paragraphs 5 are Best bounce houses sole obligation and Best bounce houses . Excludes all other
remedies or warranties of merchant ability 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. Best bounce houses 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.
7. Limitation of Liability:
Under no circumstances shall Best bounce houses be liable for any incidental, consequential, punitive, reliance,
delay or special damages, losses or expenses arising from this confirmation of order or Best bounce houses buyer's
performances or nonperformance, or in connection with the use of, or inability to use, the goods for any purpose
whatsoever. In any and all events, if Best bounce houses is found liable for damages. Notwithstanding the
limitations and exclusions of paragraphs6 and 7, Best bounce houses shall not be responsible for damages to any
person or entity, including but not limited to buyer and buyer's customers, for an 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 Best bounce houses are
approximate and within industry tolerances. Sizes quoted are to be taken as nominal. By the nature of products
being inflated, it is impossible to define exact sizes. A product shall not be considered defective if it is a
different color than shown on Bestbouncehouses website or catalog. Buyer Acknowledges that no warranty is made
relating to color differences.
9. Patents:
Best bounce houses 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. If Best bounce houses determines, in its sole discretion, that making,
using, or selling the goods would result in the infringement of any patent, Best bounce houses reserves the right to
cease manufacturing and/or shipping 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 the goods to which such changes apply, and no
modification of the terms and conditions here of shall be binding on Best bounce houses unless contained in a
writing signed by Best bounce houses and expressly stating both that such terms are being modified and the nature
of such modification. This order cannot be changed within the two (2) week period prior to the projected shipment
date unless Best bounce houses and Buyer mutually agree to an appropriate change order fee and an appropriate
new shipment date, if applicable.
11. Cancellation:
Buyer may cancel the order within 48 hours for a full refund MINUS a 20% percent restocking fee of the total
price. No refund shall be given after the 48 hour period and the buyer will be responsible for remaining balance.
12. Returns Policy:
All sales are final except for manufacturer defects.
13. 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.
14. Interpretation:
The rights and liabilities arising out of this contract with Best bounce houses 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).
15. Effect of Breach on Risk of Loss:
Breach of this contract by Best bounce houses shall have no effect on the provisions controlling the risk of loss of
the goods, and Sections 2A-510(1) and 2A-510(2) of the Uniform Commercial Code shall have no effect on this
Confirmation of Order.
16. 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 Best bounce houses. "Buyer" is solely
responsible for all signage, labels, and warnings to consumers or other users of the products and equipment, and or
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
received, read and fully understand all necessary instructions for the safe setup and operation of their Best
bounce houses inflatable product or device. "Buyer" agrees to operate their Best bounce houses inflatable product
or device according to the instructions established by Best bounce houses. "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 stakes, tie-downs, and other applicable devices necessary to
ensure the safety of the users and the general public. "Buyer" agrees to indemnify, hold harmless and defend Best
bounce houses. Insurers 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 Best
bounce houses is required to commence an action to enforce this provision, Buyer shall pay all of Best bounce houses
legal costs and expenses.
17. 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 Best bounce houses. 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.
18. Governing Law, Jurisdiction and Venue:
In the event of litigation between the parties concerning the order or any product shipped to Buyer hereunder, the
laws of California, U.S.A, shall govern such action. Venue shall be in San Bernardino County, California, and the action
shall be brought in the California or federal courts of appropriate jurisdiction.
19. Shipping/Receiving, Freight Responsibilities:
Best bounce houses shall not be held responsible for additional freight charges over & above what may have been
quoted at the time of order. It is the responsibility of the customer to unload/break down the pallet from the
delivery truck. Residential deliveries or shipments requiring special handling such as a liftgate truck for unloading
of Best bounce houses products may also be subject to additional delivery charges to the purchasing cosignee.
20. Insurance:
Buyer agrees to carry general liability insurance with coverage limits of no less than $1,000,000 in connection
with buyer's use of any goods purchased from Bestbouncehouses.
herein below. No different additional terms are acceptable by Best bounce houses. Unless agreed on in writing and
signed by Best bounce houses. 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 Best
bounce houses. Unless specifically stated to the contrary on the face of this confirmation of order. Best bounce
houses is not responsible for typographical or clerical errors made in any quotations, orders or Best bounce houses
publications.
2. Payment:
Payment shall be made as follows: Buyer must make a 60% 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 date will be provided to Buyer by Best bounce houses on the cover page 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 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 Best bounce houses. Shipments will not be made C.O.D. Best bounce houses may refuse to manufacture any item
unless payment in full is first received whenever, in the sole discretion of Best bounce houses, there is doubt as to
Buyer's ability to pay.
3. Shipment:
The goods shall be shipped F.O.B. All risk of loss passes to Buyer when delivers the order, Best bounce houses or
any portion thereof, to the carrier. If Buyer does not specify a preferred method of shipment, Best bounce houses
shall exercise sole discretion in selecting a method of shipment. Best bounce houses uses the 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 Best
bounce houses generally will ship freight collect. Shipments will be insured at Buyer's expense unless otherwise
specified, and assumes no responsibility Best bounce houses for placing of valuation upon shipment unless
requested to do so by Buyer. Partial shipments of any order from Buyer may be made by Best bounce houses in
order to facilitate the earliest possible delivery of the item ordered; provided, however, that partial shipment
shall not be made unless Best bounce houses has been paid in full for the entire order.
4. Delivery:
The projected delivery date is Best bounce houses reasonable estimate, based on current and anticipated factory
loads, of when the order will be shipped. Best bounce houses 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,
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 the subcontractor, Best bounce houses and if
such delay arises from causes beyond the control of either Best bounce houses or the subcontractors, Best bounce
houses shall not be liable to Buyer in damages. responsibility of Buyer. If a returned product is evaluated and found
defective, and the warranty for such product is in force, Best bounce houses will bear the cost of shipping the
statement, remark or representation of any employee or agent of Best bounce houses. may vary this Limited
Warranty unless in writing and signed by the President of Best bounce houses.
5. Inspection:
Buyer shall inspect the product(s) promptly after receipt and shall notify Best bounce houses in writing of any
claims, including claims of breech of warranty, within three (3) days after Buyer discovers or should have
discovered the facts upon which the claim is based. Failure of Buyer to give written notice of all 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 paragraphs 5 are Best bounce houses sole obligation and Best bounce houses . Excludes all other
remedies or warranties of merchant ability 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. Best bounce houses 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.
7. Limitation of Liability:
Under no circumstances shall Best bounce houses be liable for any incidental, consequential, punitive, reliance,
delay or special damages, losses or expenses arising from this confirmation of order or Best bounce houses buyer's
performances or nonperformance, or in connection with the use of, or inability to use, the goods for any purpose
whatsoever. In any and all events, if Best bounce houses is found liable for damages. Notwithstanding the
limitations and exclusions of paragraphs6 and 7, Best bounce houses shall not be responsible for damages to any
person or entity, including but not limited to buyer and buyer's customers, for an 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 Best bounce houses are
approximate and within industry tolerances. Sizes quoted are to be taken as nominal. By the nature of products
being inflated, it is impossible to define exact sizes. A product shall not be considered defective if it is a
different color than shown on Bestbouncehouses website or catalog. Buyer Acknowledges that no warranty is made
relating to color differences.
9. Patents:
Best bounce houses 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. If Best bounce houses determines, in its sole discretion, that making,
using, or selling the goods would result in the infringement of any patent, Best bounce houses reserves the right to
cease manufacturing and/or shipping 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 the goods to which such changes apply, and no
modification of the terms and conditions here of shall be binding on Best bounce houses unless contained in a
writing signed by Best bounce houses and expressly stating both that such terms are being modified and the nature
of such modification. This order cannot be changed within the two (2) week period prior to the projected shipment
date unless Best bounce houses and Buyer mutually agree to an appropriate change order fee and an appropriate
new shipment date, if applicable.
11. Cancellation:
Buyer may cancel the order within 48 hours for a full refund MINUS a 20% percent restocking fee of the total
price. No refund shall be given after the 48 hour period and the buyer will be responsible for remaining balance.
12. Returns Policy:
All sales are final except for manufacturer defects.
13. 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.
14. Interpretation:
The rights and liabilities arising out of this contract with Best bounce houses 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).
15. Effect of Breach on Risk of Loss:
Breach of this contract by Best bounce houses shall have no effect on the provisions controlling the risk of loss of
the goods, and Sections 2A-510(1) and 2A-510(2) of the Uniform Commercial Code shall have no effect on this
Confirmation of Order.
16. 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 Best bounce houses. "Buyer" is solely
responsible for all signage, labels, and warnings to consumers or other users of the products and equipment, and or
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
received, read and fully understand all necessary instructions for the safe setup and operation of their Best
bounce houses inflatable product or device. "Buyer" agrees to operate their Best bounce houses inflatable product
or device according to the instructions established by Best bounce houses. "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 stakes, tie-downs, and other applicable devices necessary to
ensure the safety of the users and the general public. "Buyer" agrees to indemnify, hold harmless and defend Best
bounce houses. Insurers 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 Best
bounce houses is required to commence an action to enforce this provision, Buyer shall pay all of Best bounce houses
legal costs and expenses.
17. 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 Best bounce houses. 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.
18. Governing Law, Jurisdiction and Venue:
In the event of litigation between the parties concerning the order or any product shipped to Buyer hereunder, the
laws of California, U.S.A, shall govern such action. Venue shall be in San Bernardino County, California, and the action
shall be brought in the California or federal courts of appropriate jurisdiction.
19. Shipping/Receiving, Freight Responsibilities:
Best bounce houses shall not be held responsible for additional freight charges over & above what may have been
quoted at the time of order. It is the responsibility of the customer to unload/break down the pallet from the
delivery truck. Residential deliveries or shipments requiring special handling such as a liftgate truck for unloading
of Best bounce houses products may also be subject to additional delivery charges to the purchasing cosignee.
20. Insurance:
Buyer agrees to carry general liability insurance with coverage limits of no less than $1,000,000 in connection
with buyer's use of any goods purchased from Bestbouncehouses.
All Pool liners, Zippers, Velcro, Velcro Suits, Basketball hoops, Basketball nets, Basketball Backboards, Any
damage that might occur from improperly hanging Basketball Rims or Nets, Sandbags, Tarps, Slide & Climbing
surface Liners, 2 Man Joust Poles. All Blower Motors Come with a (3)Month Warranty.
All Inflatable’s that are used for Indoor Facilities come with a (6) month warranty against manufactures defects
along with all mentioned exempt items in the 1st paragraph above titled (1A)
Any warranty or manufacture defects must have a photograph of the area of concern, once this picture is received
by Bestbouncehouses it will be evaluated before any authorization for repairs or return to Bestbouncehouses, this
process can take up to (1) business week before a decision or plan of action is determined.
damage that might occur from improperly hanging Basketball Rims or Nets, Sandbags, Tarps, Slide & Climbing
surface Liners, 2 Man Joust Poles. All Blower Motors Come with a (3)Month Warranty.
All Inflatable’s that are used for Indoor Facilities come with a (6) month warranty against manufactures defects
along with all mentioned exempt items in the 1st paragraph above titled (1A)
Any warranty or manufacture defects must have a photograph of the area of concern, once this picture is received
by Bestbouncehouses it will be evaluated before any authorization for repairs or return to Bestbouncehouses, this
process can take up to (1) business week before a decision or plan of action is determined.