Terms and Conditions
This sales contract, hereby known as "Contract", is entered by and between PlayOn Inflatables, hereby known as "POI", and customer, hereby known as "Customer", "Buyer". The Contract consists of these terms and conditions, hereby known as "Ts&Cs", "Terms", "Terms and Conditions" , and the sales invoice or reciept.
POI accepts your order for the inflatable product or items listed on your sales invoice. You have read and fully understand and agree to the terms set forth below. No different or additional terms will be accepted by POI without written consent of authorized POI personnel. POI is not responsible for clerical or typographical errors made on any of its documents, quotations or literature.
Payment shall be made on all orders as follows: Buyer must make a non refundable 50% manufacturing installment fee on the price of each CUSTOM made item, or regular product. For items not in stock, partial payment equal to 50% must be paid at time of order to reserve a production space on the production schedule and for manufacturing installment. Orders placed without a manufacturing installment fee will not be started until a manufacturing installment fee has been received. Shipping date listed on the sales invoice will reflect the date the manufacturing installment fee is received. For each day a manufacturing installment fee has not been received an additional day may be added to the shipping date. Final payment must be received prior to shipment. All funds for payment shall be in U.S. dollars in the form of cashier's check, money order, wire transfer, or credit card.
The shipping date indicated on your sales invoice refers to the estimated time the product will be completed. POI uses the services of several common carriers to handle the delivery of their products. Whenever possible POI will pass on the discounts offered to the customer for their shipments through the specified carriers POI deals with. Unless a carrier is specified by customer, POI will use, at its discretion, its carrier of choice to deliver the product(s) to the customer. Unless noted otherwise on your sales invoice, all costs and expenses related to shipment, including insurance, customs expenses, duties, taxes, etc. shall be the sole responsibility of buyer. POI will generally ship freight prepaid, unless buyer requests other arrangements. Shipments requiring residential delivery are subject to additional shipping charges. Shipments requiring a lift gate style truck to unload package maybe subject to additional shipping charges. POI is not responsible for delays in shipping due to weather, union strikes, fires, floods, freight embargoes and acts of governments and God. Damages caused by shipper are not the responsibility of POI Freight carriers policies for handling of damaged goods during shipping must be followed to assure that claims are handled properly.
4. LIMITED WARRANTY:
POI provides buyer a limited repair and replacement 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:
A) Inflatables manufactured by POI: 3 year seam-to-seam warranty on dry units, 1 year seam-to -seam warranty on wet units from the date buyer receives order.
B) Pieces, parts, and accessories ordered from POI: Seven (3) days from the date buyer receives order.
C) Other equipment (not manufactured by POI : No warranty of any kind is extended by POI, but POI 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.
A product shall not be considered defective if it is a different color than shown in POI catalog or website and no warranty is made relating to color. Ordinary wear and tear will not invalidate POI limited warranty, but misuse, improper handling or storage, improper maintenance and care, or accidental, abusive or negligent treatment of the product will invalidate POI warranty. This warranty shall become void if inflatable is packed wet or repaired by any other repair agency not approved by POI Buyer must use stakes, sandbags, tie-downs and ground cover at all times to ensure the safety of users and the equipment. 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. Seller is not responsible for any lost revenue as a result of a warranty claim by buyer. Seller is not responsible to replace any inflatable product with a loaner product during a repair of a product under warranty. Seller shall make all such repairs, replacements and corrections with care.
D) The Limited Seam to Seam Warranty does not cover Zippers, Nettings, Meshes, Sprinkler Systems, Velcro and Velcro Related Pieces, Basketball Hoops, Pop-up Obstacles, Pool Liners, Climbers and Slide Covers. No warranty of anykind is provided on these aforementioned items. No warranty is provided on modifications requested by the buyer that is not part of the original design of the product. POI is not responsible if the requested modifications affects the performance of the inflatable at any time, nor does the warranty cover these affects. Accessory items that are manufactured by POI carry a 30 day warranty against defects in workmanship. Accessories that are not manufactured by POI, can only be warrantied by the original manufacturer. Entrance Covers and Mats also come with a 30 Day warranty. POI reserves the right not to warranty any cosmetic condition that occurs on the vinyl or any part of the inflatable that does not, or will not, effect user performance or the structural intergrity of the inflatable.
E) All warranty repairs must be performed at the POI factory by authorized POI repair personnel, unless agreed otherwise by POI Unauthorized repairs may void warranty.
F) Shipping charges that are related to warranty repair are not covered under warranty, though POI may decide to pay for the return shipping cost at its own discretion.
G) Warranty Evaluation - When possible and convenient to the buyer, POI will attempt to determine whether a warranty is required through email and/or regular mail correspondence of photos, text and telephone conversation. If determination of warranty can not be made through correspondence, the product(s) in question must be returned to the POI factory by the buyer for further evaluation. If warranty coverage is granted, POI will repair at no charge. .
POI, does not recommend that foreign substances such as lubricants be used on any of its products. Doing so may void the warranty. Only non-alcohol based cleaning liquids such as water based soaps are recommended for cleaning the inflatables.
POI wet products must be dried thoroughly and stored in a low humidity environment after use with water. Water damage is not covered under warranty.
A product shall not be considered defective if it is a different color than shown in POI catalog and no warranty is made relating to color, digital printing or any airbrushing done on any unit. All requests of buyer for all warranty work and replacement are subject to product inspection at POI, factory in Sun Valley, California. Ordinary wear and tear will not invalidate POI limited warranty, but misuse, improper handling or storage, improper repairs, improper maintenance and care, lack of ground cover under inflatable, or accidental, abusive or negligent treatment of the product will invalidate POI warranty. Misuse includes, but is not limited to, too many users, exceeding weight limitations, ignoring safety guidelines, damage made from shoes, belts, jewelry or any object worn by a user. Buyer must use stakes and all tie-down tethers at all times to insure the safety of users and the equipment. 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 repairs of which are the responsibility of Buyer. Buyer pays a shipment cost to POI, for repair, and POI pays the shipment cost to the Buyer after it has been repaired. No statement, remark or representation of any employee or agent of POI may vary this Limited Warranty unless in writing and signed by the President of POI.
- Other Equipment (not manufactured by POI): No warranty of any kind is extended by POI but POI 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 manufactures or suppliers of such other equipment. The fan motor supplied with your inflatable is covered by the blower manufacturer’s own warranty. Any claims of defect in the blower operation must be directed to the blower manufacturer directly for repair or replacement.
In case of defects in materials, workmanship or defects arising from the selection of material or procedures of manufacture, such defects must become apparent in the inflatable, equipment or part within the warranty period.
NOTE: WEAR AND TEAR due to normal use or overuse is not covered by this warranty.
5. SHIPPING OF WARRANTY REPAIRS:
All requests of buyer for warranty work and replacements are subject to product inspection at POI factory. Final evaluation of warranty claim will be done when product arrives at POI factory. A photo or photos of the suspected area requiring repair is required to submit a claim. If a returned product is evaluated and, found defective, and the warranty for such product is in force, POI will bear the cost of shipping in the following manner:
For the first 180 days after buyer receives order, POI shall be responsible for ground freight charges to and from POI factory using a POI approved freight carrier(for continental USA only) . For the second 180 days after buyer receives order, POI shall only be responsible for ground freight charges to Buyer. It is the buyers responsibility to pay shipping charges to POI factory. For the remaining warranty period, buyer will be responsible for all shipping charges to and from POI factory.
IT IS IMPORTANT TO CHECK ALL ORDERS IMMEDIATELY WHEN RECEIVED! All returned shipments must be pre-approved by POI and a returned goods authorization issued; if not, buyer will be responsible for the freight charges.
Shipping charges that are related to warranty repair are not covered under warranty for the inflatable units that are purchased at a discount price other than the package deals published on POI Package Deals Page, though POI may decide to pay for the return shipping cost at its own discretion.
Buyer shall inspect the product(s) promptly after receipt and shall notify POI 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).
7. TAXES and DUTY:
All orders are subject to any applicable federal, state and local taxes. Customer shall pay such taxes imposed on each order, and all penalties and interest, if any, accrued there with. All duty and/or taxes owed for international orders shall be paid by customer to customs authorities of their respectful country.
8. LIMITATION OF LIABILITY
Under no circumstances shall POI be liable for any incidental, remote, speculative, consequential, punitive, reliance, delay, special damages, losses or expenses arising from this Confirmation of Order or POI or Buyer's performance or nonperformance, or any act or omissions of POI or in connection with the use of or inability to use the goods for any purpose whatsoever. In the event POI is found liable for damages not withstanding the limitations and exclusions contained in this section, POI 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 the Buyer for the products ordered and confirmed by this confirmation order.
POI DISCLAIMS ANY RESPONSIBILITY WHATSOEVER TO BUYER OR TO ANY OTHER PERSON FOR INJURY TO PERSON, DEATH OR DAMAGE TO OR LOSS OF PROPERTY OR VALUE CAUSED BY ANY PRODUCT WHICH HAS BEEN SUBJECTED TO MISUSE, NEGLIGENCE, ACCIDENT, MISAPPLIED, MODIFIED, REPAIRED BY UNAUTHORIZED PERSONS, IMPROPERLY INSTALLED OR MAINTAINED. FROM THE DAY OF PURCHASE BUYER ACCEPTS THE LIABILITY OF THE PRODUCT AND POI REALESES IT.
9. USE AND INDEMNIFICATION:
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 POI 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 POI is required to commence an action to enforce this provision, buyer shall pay all of POI legal costs and expenses.
All dimensions and weights stated in the catalog, website, or instruction material pertaining to products sold by "ii'' are approximate and within industry tolerances.
All logos, product names, trademarks, artwork, literature, photographs and designs used for the purpose of producing "ii'' products are proprietary and the sole property of "ii'' Any unauthorized reproduction of any of these items constitutes a copyright infringement and are punishable by law.
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 "ii'' unless contained in a writing signed by authorized "ii'' personnel and expressly stating that such terms are being modified and the nature of such modification. This order cannot be changed after 5 business days from date of order without acceptance by "ii'' Any changes requested are subject to re-quotation of the final cost of the item purchased and an appropriate new shipment date, if applicable.
Buyer may cancel this order, in whole or in part, upon written notice to POI within 72 hours from date of order. Buyer may be liable for the payment of any cancellation charges resulting from cancellation incurred by POI For any item purchased from POI and cancelled for reasons unrelated to a warranty claim, a restocking fee of twenty-five percent (25%) of the price of the item(s) cancelled will be paid by buyer. Buyer will be responsible for any and all charges for the shipping of the item(s) cancelled. POI WILL NOT ACCEPT CANCELLATION FOR ANY CUSTOM MANUFACTURED PRODUCTS. This includes custom designs and custom ordered colors, custom units, not standard on the item(s) produced by POI.
14. RETURN POLICY:
For any item purchased from POI 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. Buyer will be responsible for any and all charges for the shipping of the item(s) returned. The item(s) must be in an unused condition when returned. Any necessary repairs required to bring the item(s) returned to a like new condition will be paid by customer. POI WILL NOT ACCEPT RETURNS FOR ANY CUSTOM MANUFACTURED OR USED PRODUCTS. This includes custom designs and custom ordered colors not standard on the item(s) produced by POI.
15. GOVERNING LAW / JURISDICTION AND VENUE:
In the event of litigation between the parties concerning the order or any product(s) shipped to customer hereunder, such action shall be governed by the laws of California, U.S.A. Venue shall be in Los Angeles County, California, and the action shall be brought in the California or federal courts of appropriate jurisdiction.
There are no representations, warranties or conditions, expressed 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 POI This Confirmation of Order contains all of the promises, warranties, terms and conditions of the agreement between the parties and supersedes any and all verbal or implied promises, undertakings and prior agreements.
17. VARIOUS GOVERNMENT STANDARDS AND REGULATIONS
Government standards and regulations of inflatable amusement products can vary from county to county, state to state and country to country. In a broad sense, POI Products meet the majority of these various standards and adhere to most regulations. However, the buyer understands that POI does not guarantee that all of its products will meet or comply with every standard and regulation of every government in all circumstances. Therefore, the buyer agrees not to hold POI responsible if one or more of its products does not meet or comply with every standard and regulation of his or her local, state or national government. The buyer understands that if a POI product is found not to meet one or more of the standards or regulations of his or her local, state of national government, a return or refund of that product(s) is not an option. The buyer also understands that POI may not be able to supply all of the documentation a particular government may require in regards to its standards and regulations and will not hold POI responsible for doing so.
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 POI. unless contained in a writing signed by authorized POI . personnel and expressly stating both that such terms are being modified and the nature of such modification. This order cannot be changed after 5 business days from date of order without acceptance by POI ... Any changes requested are subject to re-quotation of the final cost of the item purchased. An order cannot be changed within the two (2) week period prior to the intended shipment date unless POI .. and Buyer mutually agree to an appropriate change order fee and an appropriate new shipment date, if applicable. Because POI is a manufacturer, changes and modifications to products occur as part of the ongoing effort to improve design. If a design change is made on a product that is purely and solely cosmetic (relating to appearance), such as a color change, the POI website and catalog will reflect the change. Customers that have orders in production will also be notified of any cosmetic changes before delivery. If a design change is made on a product that relates to functionality, the buyer agrees that POI is not obligated or responsible for advance notification of the change, unless a significant cosmetic difference in appearance results as part of the change.