Speed Pitch The Westin-IB117
Description
Refund Policy
All units are sold on a first come first served basis.
All orders with units taken from stock must ship immediately.
Each unit ordered requires a 30% deposit in order to guarantee the next available unit.
Cancellation will result in a re-stocking fee of 25% of the purchase value of the unit cancelled.
Cancellation of any custom order will result in the forfeiture of the entire down payment.
Balance in full due prior to shipment All prices are effective immediately.
All prices are Net. F.O.B. Los Angeles. Sales tax is charged as applicable.
Due to product development, prices, designs, and colors are subject to change without notice.
1. ACCEPTANCE OF ORDER
EZ Inflatables, Inc. accepts and confirms Buyer's purchase order for the items, goods and products described on the Sales Invoice with the Confirmation of Order. As a buyer you agree to terms and conditions of sales set forth below. No different or additional terms will be accepted by EZ Inflatables, Inc. unless agreed in writing and signed by EZ Inflatables, Inc. personnel. 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 EZ Inflatables, Inc.. Unless specifically stated differently on the confirmation of the order, EZ Inflatables, Inc. is not responsible for typographical or clerical errors made in any quotations, orders or publications.
2. ACCEPTANCE OF ORDER
Payment shall be made on all EZ Inflatables, Inc. products as follows:
A) Partial payment equal to 30% must be paid to EZ Inflatables, Inc. at time of order to reserve a production space on the production schedule, and 50% must be paid for custom orders.
B) Orders placed without a deposit will not be started until a secured deposit has been received.
C) The ship date listed on the sales confirmation will reflect the date the deposit is received. For each day a deposit has not been received an additional day may be added to the ship date.
D) Final payments on all orders must be received at least 48 hours prior to the listed ship date on the sales confirmation.
E) EZ Inflatables, Inc. is not responsible for monitoring final payments. It is the customer's responsibility to keep track of the date their product is due to ship and make arrangements with EZ Inflatables, Inc. for the final payment before the scheduled ship date.
F) Final payments must be received in the form of certified funds, money order, bank wire transfer, cash or credit card number.
G) EZ Inflatables, Inc. may refuse to manufacture any item (unless payment in full is made) whenever, in the sole discretion of EZ Inflatables, Inc. there is doubt as to a Buyer's ability to pay.
3. SHIPPING
A) The ship date indicated on your sales confirmation refers to the estimated time the product will be completed.
B) Delay of deposit on an order or the delay in receiving necessary (customer supplied) artwork will reflect a possible delay in the on-time completion of your entire order.
C) EZ Inflatables, Inc. utilizes the services of several common carriers to handle the delivery of their products.
D) Whenever possible EZ Inflatables, Inc. will offer the discounts afforded to EZ Inflatables, Inc. to the customer for their shipments through the specified carriers EZ Inflatables, Inc. deals with.
E) Unless a carrier is specified by customer, EZ Inflatables, Inc. will use, at its discretion, its best way carrier to get the product to the customer.
F) EZ Inflatables, Inc. shall ship the goods to the site specified on the Confirmation of Order or, if the Buyer chooses, Buyer shall pick up the goods at EZ Inflatables, Inc. warehouse during normal business hours.
G) If Buyer picks up goods, Buyer shall inspect goods and sign for receipt of goods in acceptable condition.
H) If shipped, the goods shall be shipped F.O.B. carrier at EZ Inflatables, Inc. factory, in Glendale, California.
I) Partial shipments of any order to Buyer may be made by EZ Inflatables, Inc. in order to facilitate the earliest possible delivery of the item(s) ordered; provided, however, partial shipment shall not be made unless EZ Inflatables, Inc. has been paid in full for the entire order.
J) EZ Inflatables, Inc. is not responsible for delays in shipping due to weather, union strikes, fires, floods, freight embargoes and acts of governments.
K) Shipments requiring a lift gate style truck to unload EZ Inflatables, Inc. products may be subject to additional shipping charges.
L) Damages caused by shipper are not the responsibility of EZ Inflatables, Inc.. Freight carriers Policies for handling of damaged goods during shipping must be followed to assure that claims are handled properly in the event that EZ Inflatables, Inc. must collect back damaged shipment to repair. This will assure that EZ Inflatables, Inc. is reimbursed for any expensed incurred in the repair of damaged goods.
The promised delivery date is the estimated possible based on current and anticipated factory loads, of when the order will be shipped. EZ Inflatables, Inc. 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, destruction or damage to the goods or EZ Inflatables, Inc. manufacturing plant, shortage of raw materials, acts of nature, public enemy, act of government, fires, floods, strikes, freight embargoes and severe weather. If the delay is caused by the delay or default of a subcontractor of EZ Inflatables, Inc. and if such delay arises from causes beyond the control of both EZ Inflatables, Inc. and the subcontractor, EZ Inflatables, Inc. shall not be liable to Buyer for damages.
4. INSPECTION
Buyer shall inspect the goods promptly after receipt. Any claim of shortage, breach of warranty, damage, or defect, which would be observable upon reasonable inspection of the goods, is waived by Buyer unless Buyer submits claim in writing to EZ Inflatables, Inc. within Five (5) days of receipt of the merchandise. Failure of Buyer to give written notice of a claim within this inspection time period shall be deemed to be 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).
5. LIMITED WARRANTY
Inflatable bouncers manufactured by EZ Inflatables, Inc.: Two (2) year seam to seam warranty from the date of shipment to Buyer. All water products and games have a One (1) year seam to seam warranty from the date of shipment to Buyer. EZ Inflatables, Inc. warrants that the inflatable supplied to you is free from:
A) Defects in the materials and the workmanship that is provided you in your cold-air inflatable.
B) Defects arising from the selection of materials or the process of manufacturing.
C) Defects in the design, in view of the state of the art on this date (artistic license excluded).
D) No Warranty is provided by EZ Inflatables, Inc. on Zippers, Netting, Mesh. The warranty shall apply to your inflatable plus all accessories, equipment and parts manufactured by EZ Inflatables, Inc.. Wear covers such as entrance covers or mats and slide covers with steps are not warranted beyond the first 90 days after buyer receives the order. These covers are intended to reduce wear on the inflatable and require periodic replacement. A product shall not be considered defective if it is a different color than shown in EZ Inflatables, Inc. catalog and/or website, 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 EZ Inflatables, Inc. factory in Glendale, California. Ordinary wear and tear will not invalidate EZ Inflatables, Inc. 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 EZ Inflatables, Inc. warranty. 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 EZ Inflatables, Inc. for repair, and EZ Inflatables, Inc. pays the shipment cost to the Buyer after it has been repaired. No statement, remark or representation of any employee or agent of EZ Inflatables, Inc. may vary this Limited Warranty unless in writing and signed by the President of EZ Inflatables, Inc.. - Other Equipment (not manufactured by EZ Inflatables, Inc.): No warranty of any kind is extended by EZ Inflatables, Inc. but EZ Inflatables, Inc. 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 24 months of shipping. The extent of seller's liability under this warranty is to defects in material or workmanship. Defects arising from the selection of material or the processes of the manufacture are limited to the repair of such defects or to the replacement (with item free from the defect in question) of any accessory, equipment, or part which is defective in any of such respectswith the exception of color fading. The extent of seller's liability under this warranty as to defects inherent in design is limited to the correction at our expense of all such defects becoming apparent in the inflatable accessory , equipment or part purchased here within one year of use. Seller is not responsible for any lost revenue as a result of a warranty claim by buyer. Seller is not responsible for replacing any inflatable product as a āLOANERā product during a repair of a warranted product. If a āLOANERā product should be available during the repair, buyer will be responsible for all round trip shipping charges and any damages caused to the inflatable supplied. Seller shall make all such repairs, replacements and corrections with care. This warranty shall become void if inflatable is packed wet or repaired by any other repair agency not approved by EZ Inflatables, Inc..
NOTE: WEAR AND TEAR due to normal use or overuse is not covered by this warranty. IT IS IMPORTANT TO CHECK ALL ORDERS IMMEDIATELY WHEN RECEIVED! All returned shipments must be pre-approved by EZ Inflatables, Inc. and a returned goods authorization number issued; if not, customer will be responsible for the freight charges. Replacement or repair at EZ Inflatables, Inc. option shall be the sole remedy of buyer with respect to any defective or non conforming goods or parts and shall be the exclusive remedy of buyer, regardless of any remedy otherwise available under applicable law. EZ Inflatables, Inc. is not liable for remote, special, speculative, or consequential damage. EZ Inflatables, Inc. is not liable for loss of use or profits under any circumstances. 6. LIMITATION OF LIABILITY Under no circumstances shall EZ Inflatables, Inc. be liable for any incidental, remote, speculative, consequential, punitive, reliance, delay, special damages, losses or expenses arising from this Confirmation of Order or EZ Inflatables, Inc. or Buyer's performance or nonperformance, or any act or omissions of EZ Inflatables, Inc. or in connection with the use of or inability to use the goods for any purpose whatsoever. In the event EZ Inflatables, Inc. is found liable for damages not withstanding the limitations and exclusions contained in this section, EZ Inflatables, Inc. 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.
7. TAXES and DUTY
All charges are subject to the federal, state and local taxes if any. Customer shall pay such taxes imposed on this order, and all penalties and interest, if any, accrued therewith. All duty and or taxes owed for international orders will be paid by customer to custom authorities for their respectful country.
8. DISCLAIMER
EZ Inflatables, Inc. 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.
9. TOLERANCES
All dimensions and weights stated in the catalogues or instruction material pertaining to products sold by EZ Inflatables, Inc. are approximate and within industry tolerances.
10. COPYRIGHTS
All logos, product names, trademarks, artwork, literature, photographs and designs used for the purpose of producing EZ Inflatables, Inc. products are proprietary and the sole property of EZ Inflatables, Inc.. Any unauthorized reproduction of any of these items will constitute a copyright infringement and are punishable by law. EZ Inflatables, Inc. 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 EZ Inflatables, Inc. if making, using, or selling the goods that may result in the infringement of a patent or copyright.
11. 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 hereof shall be binding on EZ Inflatables, Inc. unless contained in a writing signed by authorized EZ Inflatables, Inc. 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 EZ Inflatables, Inc.. 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 EZ Inflatables, Inc. and Buyer mutually agree to an appropriate change order fee and an appropriate new shipment date, if applicable.
12. CANCELLATION
Buyer may cancel this order, in whole or in part, upon written notice to EZ Inflatables, Inc.. within 72 hours from date of order. Buyer may be liable for the payment of any cancellation charges resulting from cancellation incurred by EZ Inflatables, Inc.. Such 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 EZ Inflatables, Inc. that is properly applied 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 EZ Inflatables, Inc.. 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 costs incurred by EZ Inflatables, Inc. 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.
13. RETURN POLICY
All Sales are final unless otherwise agreed to in writing. If however, an item is 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. For any item purchased from EZ Inflatables, Inc. the customer has 72 hours from the date of receiving the item to contact EZ Inflatables, Inc. to file a refund and return authorization/claim. The customer will be responsible for any and all charges for the shipping of the item(s) returned. The items 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. EZ Inflatables, Inc. WILL NOT ACCEPT RETURNS FOR ANY CUSTOM MANUFACTURED PRODUCTS. This includes, customer name tags added to item(s), custom designs, and custom ordered colors not standard on the item(s) produced by EZ Inflatables, Inc..
14. INSURANCE
Insurance: Buyer agrees to carry general liability insurance with coverage limits of no less than $1,000,000 in connection with Buyer's use or rental of any goods purchased from EZ Inflatables, Inc..
15. INTERPRETATION
The rights and liabilities arising out of this contract with EZ Inflatables, Inc. 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 LOSS
Brach of this contract by EZ Inflatables, Inc. shall have no effect on the provisions controlling the risk of loss of the goods, and Section 2-510(1) and 2-510(2) of the Uniform Commercial Code shall have no effect on this Confirmation of Order.
17. 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 EZ Inflatables, Inc.."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, number of participants and medical condition limitations), to ensure the safety of the users. "Buyer" acknowledges that they have received, read and fully understand all necessary instructions for the safe setup and operation of their EZ Inflatables, Inc. product or device. "Buyer" agrees to operate their EZ Inflatables, Inc.. product or device according to the instructions established by EZ Inflatables, Inc.. "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 proper stakes, tie-downs, and other applicable devices necessary to ensure the safety of users and the general public. Buyer agrees to Indemnity, hold harmless, and defend EZ Inflatables, Inc. and its officers, directors, shareholders, employees and agents against and in respect of any actions and all claims, demands, losses, cost, expense, obligations, liabilities, damages, recoveries and deficiencies, including interest and penalties that EZ Inflatables, Inc. shall incur, or suffer, which arise, result from, or relate to the use of goods and products sold to Buyer and used by Buyer, Buyer's lessees, customers, and/or any other third parties using the goods and products, including but not limited to , any other persons injured by or on account of such goods and products described herein. In the event EZ Inflatables, Inc. is required to commence action to enforce this provision, Buyer shall pay all of EZ Inflatables, Inc. legal costs and expenses.
18. ASSIGNMENT AND DELEGATION
All Sales are final unless otherwise agreed to in writing. If however, an item is 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. For any item purchased from EZ Inflatables, Inc. the customer has 72 hours from the date of receiving the item to contact EZ Inflatables, Inc. to file a refund and return authorization/claim. The customer will be responsible for any and all charges for the shipping of the item(s) returned. The items 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. EZ Inflatables, Inc. WILL NOT ACCEPT RETURNS FOR ANY CUSTOM MANUFACTURED PRODUCTS. This includes, customer name tags added to item(s), custom designs, and custom ordered colors not standard on the item(s) produced by EZ Inflatables, Inc..
19. INTEGRATION
There are no representations, warranties or conditions, expressed or implied, statutory or otherwise except those herein contained, and no Confirmation of Orders or waivers collateral here to shall be binding on either party unless in writing and signed by Buyer and accepted by EZ Inflatables, Inc... This Confirmation of Order contains all of the promises, warranties, terms and conditions of the Confirmation of Order between the parties and supersedes any and all oral or implied promises, undertakings and prior agreements.
20. GOVERNING LAW, JURISDICTION AND VENUE
To the fullest extent permitted by applicable law, Buyer hereby irrevocably submits to the jurisdiction of any state or federal court located in the County of Los Angeles, State of California, USA, over any action, suit or proceeding to enforce or defend any right under this Confirmation of Order, and Buyer hereby irrevocably agrees that all claims in respect of any such action or proceeding may be heard or determined in such state or federal court. To the fullest extent permitted by applicable law, buyer herby irrevocably waives the defense of any inconvenient forum to the maintenance of any such action or proceeding or any other substantive or procedural rights or remedies Buyer may have with respect to the maintenance of any such action or proceeding in any such form and Buyer herby agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in any other jurisdiction by suit on the judgment or in any other manner provided by law. Buyer agrees not to institute any legal actions or proceedings against EZ Inflatables, Inc.. or any affiliate, arising out of or relating to this Confirmation of order in any court other than as herein above specified.
21. ATTORNEY'S FEES
In the event either party brings an action to interpret or enforce its rights under this Confirmation of Order, the prevailing party shall be entitled to reasonable attorney's fees and costs which may be set by the court in the same action, in addition to any other relief to which it may be entitled.
22. SEVERABILITY
If any of the Terms or Conditions of this Confirmation of Order are found to be unenforceable, illegal or unconscionable by a court of competent jurisdiction, the remaining terms and conditions of this Confirmation of Order shall stay in full force and effect.
23. REFUSAL OF SERVICE
EZ Inflatables, Inc. reserves the right to refuse service to anyone at anytime.
