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 Airfull Inflatables. unless agreed on in writing and signed by Airfull Inflatables. 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 Airfull Inflatables. Unless specifically stated to the contrary on the face of this confirmation of order. Airfull Inflatables is not responsible for typographical or clerical errors made in any quotations, orders or Airfull Inflatables 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 Airfull Inflatables 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 Airfull Inflatables; Shipments will not be made by Airfull Inflatables may refuse to manufacture any item unless payment in full is first received at the sole discretion of Airfull Inflatables, 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 Airfull Inflatables’ facility in Tarragona, Spain, Europe. All risk of loss passes to Buyer when Airfull Inflatables delivers the order, or any portion thereof, to the carrier. If Buyer does not specify a preferred method of shipment, Airfull Inflatables shall exercise sole discretion in selecting a method of shipment. Airfull Inflatables 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. Airfull Inflatables generally will ship freight collect, unless Buyer requests other arrangements and prepays Airfull Inflatables for all shipping expenses. Shipments will not be insured unless otherwise specified, and Airfull Inflatables 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 Airfull Inflatables in order to facilitate the earliest possible delivery of the item ordered; provided, however, that partial shipment shall not be made unless Airfull Inflatables 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 Airfull Inflatables’ 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 Airfull Inflatables’ 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. Airfull Inflatables 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 Airfull Inflatables and if such delay arises from, causes beyond the control of either Airfull Inflatables or the subcontractor, Airfull Inflatables shall not be liable to Buyer in damages.
Our bouncy shipping rates are stipulated according to the country where the inflatables are to be shipped. All prices are without taxes.
- Spain: 120€
- Portugal: 120€
- France: 160€
- Italy: 180€
- Belgium: 180€
- Netherlands: 200€
- Germany: 200€
- Switzerland: 200€
- Austria: 200€
- Ireland: 220€
Airfull Inflatables 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:
- 1. Inflatables two (2) years from the date of shipment to Buyer.
- 2. Replaceable slide covers, steps and items designed to prevent wear and tear on the unit is not covered by this or any warranty.
- 3. Digital printing is not covered by any implied warranty.
- 4. Wear and tear due to normal use or overuse is not covered by this warranty. If it appears during repair inspection, that the inflatable is damaged due to overloading or miss-use by its patrons, the affected areas would not be covered under our normal warranty.
- 5. Airfull Inflatables is not responsible, to replace any inflatable product as a “LOANER” product during repair of a warranted product.
- 6. Accessories, Pieces and Parts ordered from Airfull Inflatables: Thirty (30) days from date of shipment to Buyer.
- 7. Other Equipment i.e. Blowers (not manufactured by Airfull Inflatables), No warranty of any kind is extended by Airfull Inflatables, but Airfull Inflatables 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 manufacturer or supplier of such Other Equipment. It is buyers’ responsibility to register any products supplied but not manufactured by Airfull Inflatables directly to the manufacturer.
- 8. A product shall not be considered defective if it is a different color than shown in Airfull Inflatables’ catalogue and no warranty is made relating to color.
- 9. Buyer must ship the products to Airfull Inflatables or specified repair location at Buyer’s expense, using only the carrier specified by Airfull Inflatables. It is the buyer’s responsibility to roll, protect and secure for return shipment the inflatable. The Airfull Inflatables will not cover carrier freight damage inbound or outbound caused by improper packaging.
- 10. Ordinary wear and tear will not invalidate Airfull Inflatables’ limited warranty, but misuse, improper handling or storage, improper repairs, improper maintenance and care, or accidental, abusive or negligent treatment: of the product will invalidate Airfull Inflatables’ warranty.
- 11. 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 repair of which is the responsibility of Buyer.
- 12. If a returned product is evaluated and found defective within the first 120 days after the delivery date, and the warranty for such product is in force, Airfull Inflatables will bear the cost of shipping the repaired or replaced product to Buyer and will reimburse the buyer the cost inbound shipping.
- 13. Any warranty claim, inspection or repair after 121 days from receipt both inbound and outbound shipping is the sole responsibility of the buyer.
- 14. Airfull Inflatables will under no circumstance bear the cost of international shipping. No statement, remark or representation of any employee or agents of Airfull Inflatables may vary this Limited Warranty unless in writing and signed by the President of Airfull Inflatables.
- 15. Warranty claims must be made on line at www.airfullinflatables.com, and not directly to sales office or staff. Receipt of claim and disposition will be made directly from Airfull Inflatables warranty, quality department to the contact information provided on the claim form. Under no circumstance will warranty claims be processed or handled by local sales contact.
- 16. Any repair of warranted item done without prior authorization from Airfull Inflatables, will not be covered or reimbursed for any circumstance.
- 17. This warranty does not cover or imply any on site / local repair or request. All requests of Buyer for warranty work and replacements are subject to previous approval by Airfull Inflatables. All requests for warranty work require product inspection at Airfull Inflatables’ facility in Tarragona, Spain, Europa or any other facility of Airfull Inflatables may determine.
Buyer shall inspect the product(s) promptly after receipt and shall notify Airfull Inflatables 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 Airfull Inflatables’ sole obligation and Airfull Inflatables 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. Airfull Inflatables 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 Airfull Inflatables be liable for any incidental, consequential, punitive, reliance, delay or special damages, losses or expenses arising from this confirmation of order or Airfull Inflatables’ or buyer’s performance or nonperformance, or any acts or omissions of Airfull Inflatables, or in connection with the use of, or inability to use, the goods for any purpose whatsoever. In any and all events, if Airfull Inflatables is found liable for damages, notwithstanding the limitations and exclusions of paragraphs 7 and 8, Airfull Inflatables 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 Airfull Inflatables are approximate and within industry tolerances.
Airfull Inflatables 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 Airfull Inflatables determines, in its sole discretion, that making, using, or selling the goods would result in the infringement of any patent, Airfull Inflatables 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 Airfull Inflatables unless contained in a writing signed by Airfull Inflatables 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 Airfull Inflatables 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 Airfull Inflatables 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 Airfull Inflatables 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 Airfull Inflatables have made from full performance by Airfull Inflatables, plus (4) the costs of engineering, prototypes, testing, tooling, and similar items produced for Buyer, plus (5) the reasonable costs incurred by Airfull Inflatables 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 Airfull Inflatables 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 Airfull Inflatables 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.
Breach of this contract by Airfull Inflatables 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 Airfull Inflatables 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 Airfull Inflatables 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 Airfull Inflatables. 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 Airfull Inflatables 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.