Terms of service
The following terms and conditions constitute the āagreementā between EZ Inflatables, Inc. (EZ) and the Customer (Bill To) as stated on the invoice.
1. DEPOSIT: A 10% deposit of the dollar value of the entire order must be received by EZ no later than 5 calendar days from the invoice date; otherwise, the order will not be processed and will be canceled automatically without further notice. Deposits and final balance must be made in US funds in the form of a personal or company check, bank check, cashiers check, money order, cash, wire transfer or any of the following credit cards: Visa, Master Card, Discover, and American Express. Payment in full is required prior to shipping, and final payment must be received by EZ no later than 2 weeks before the Anticipated Delivery Date shownĀ on this proposal. If final payment is not received within that window, the order will be canceled and the 10% deposit will be non-refundable, as further described in Sections 7 through 9. EZās inability to meet the Anticipated Delivery Date will not, by itself, cancel the order. EZ is allowed a grace period of up to 2 weeks beyond that date to deliver. If EZ has not delivered by the end of that grace period, the customer may cancel the order without incurring the cancellation fee described in Section 7, and the 10% deposit will be refunded in full. For check payments, the order will not be shipped until check has cleared. All āwill callā orders and orders with a CA or TX ship-to destination are subject to CA or TX sales tax unless the recipient has a valid CA or TX Sellerās Permit.
2. SHIPPING: Our prices are F.O.B. Baldwin Park; CA. Freight is always ācollectā unless indicated otherwise on the invoice. EZ will not be responsible for freight charges over what may have been quoted prior to shipment. The carrier is always specified by the customer. 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 for further claim evaluation. Customer shall inspect the product promptly after receipt. Any and all claims for any defective product must be reported to EZ in writing, including photos, within five (5) working days from receipt of shipment.
3. WARRANTY: All EZ inflatables are guaranteed to be free of defects for a period of two (2) years (for sales within the United States). Any defect in EZās product(s) resulting from negligence, improper usage or unusual wear and tear caused by excessive usage is excluded from EZās warranty coverage. The customerās 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 EZ 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 EZ at the Baldwin Park plant. EZ disclaims any responsibilities for modifications and repairs from an unauthorized repair plant. Shipping cost to and from EZ is to be paid by the customer. All new blowers and non EZ manufactured products are warranted directly by the respective manufacturer. For blower troubleshooting or warranty, please refer to the blower manufacturer manual, which is included in the blower box. AllĀ other accessories have a thirty (30) day warranty from the date of shipment. No warranty is provided on misters, soaker hoses, zippers, and air pump.
4. COPYRIGHT: All EZ inflatables are covered by copyright and all rights reserved. Designs that are covered by patent pending are trademarks of EZ. Any unauthorized reproduction of logos, product names, trademarks, artwork, literature, photographs, and designs is strictly prohibited, constitutes copyright infringement, and is punishable by law.
5. ACCEPTANCE: Signature by the customer and acceptance by EZ of this agreement is binding and non- cancelable unless amended upon by both parties in writing. This agreement is governed by and interpreted in accordance with the internal laws of the state of California. EZ shall not be liable for any costs or loss ofĀ income resulting from any delays. EZ recommends that the customer NOT book or rent out any inflatable unit until the unit has been delivered, received and accepted in good condition.
6. OWNERāS AND OPERATORāS MANUALS: ALL Inflatables and Blowers will be shipped with Ownerās and Operatorās Manuals. EZ Inflatables, Inc. should be immediately notified if either is missing. The buyer must read and always follow all Safety instructions in Ownerās and Operatorās Manuals as well as all Warning signs attached to products. The Operatorās Manual must always stay in the pocket attached to the Inflatable. The Manuals must be delivered to the new buyer in case products on this invoice are resold.
7. CANCELLATION FEE: All sales are final unless otherwise agreed to in writing. Cancellation of an order forfeits the 10% deposit as described in Section 1. The invoice balance must be paid according to the schedule in Section 1. Failure to do so will result in cancellation and forfeiture of the deposit as described there. This forfeiture does not apply to a cancellation made under the grace-period exception in Section 1, in which case the deposit is refunded in full. 8. MADE TO or CUSTOM ORDERS: Made-to-order and custom items are subject to a 50% non-refundable deposit and payment schedule described in Section 1.Ā
9. ANTICIPATED DELIVERY DATE: The Anticipated Delivery Date for this order is shown at the top of this proposal. The payment schedule, grace period, and cancellation terms tied to that date are described in Section 1.
10. DO NOT RENT OUT UNIT UNTIL IT HAS ARRIVED, INSPECTED AND ACCEPTED IN GOOD CONDITION! EZ Inflatables, Inc. IS NOT LIABLE FOR ANY DELAYS IN SHIPMENT.