Terms and Conditions

 

1. Acceptance:

BE Bounce Houses accepts and confirms the buyer's purchase order for the items, goods and/or products described in the Sales Invoice and/or Order Confirmation. The buyer agrees to the terms and conditions of sale set forth below. No different or additional terms are acceptable by BE Bounce Houses. These terms and conditions are exclusive and in lieu of all other terms and conditions appearing on the buyer's purchase order or elsewhere and apply to all quotations made and orders accepted by BE Bounce Houses. Unless specifically stated to the contrary on the Invoice/Order Confirmation, BE Bounce Houses is not responsible for typographical or clerical errors made in any quotations, orders or publications.

 

2. Payment:

Payment shall be made as follows: the buyer must make a 50% deposit on the price of each custom made item or each item not currently in stock. The balance is due prior to the date of shipping the item, which date will be provided to the buyer by BE Bounce Houses as soon as possible. For orders of equipment and items in stock, payment shall accompany the buyer's return of the Order Confirmation. All funds for payment shall be in U.S. dollars in the form of cash, cashier's check, money order, wire transfer, or credit card. At the sole discretion of BE Bounce Houses deposits and payments are subject to being held for clearance of payment. In regards to credit card payment will not be accepted with different shipping and billing address without issuing bank approval. Shipments will not be made for C.O.D. shipments. BE Bounce Houses may refuse to manufacture any item (unless payment in full is first received) whenever, in the sole discretion of BE Bounce Houses, there is doubt as to buyer's ability to pay.

 

3. Shipment:

ALL BE Bounce Houses Orders are subject to a handling and packaging fees. Orders for standard units orders will be shipped CPT – Freight or shipping paid by BE Bounce Houses to (named place of destination) contiguous United States commercial location, standard delivery with carrier selected by BE Bounce Houses. Liability and risks and shipping claims transfer to buyer when goods are handed over to the first carrier. BE Bounce Houses shall ship the goods to the site specified on the Invoice/Order Confirmation any changes or different instructions are subject to additional fees and charges. All additional costs and expenses relating to shipment, including insurance, customs expenses, duties, taxes, residential deliver, liftgate, inside delivery, guaranteed delivery etc. shall be the sole responsibility of the buyer. All delivery requests or changes after shipping will not be paid or approved by BE Bounce Houses, not limited too or including residential, liftgate or inside delivery. Shipments will be only insured beyond normal carrier insurance at the buyer's request and expense unless otherwise specified, and BE Bounce Houses assumes no responsibility for placing of valuation upon a shipment unless requested to do so by the buyer. Partial shipments of any order to the buyer may be made by BE Bounce Houses in order to facilitate the earliest possible delivery of the item(s) ordered; provided, however, partial shipment shall not be made unless BE Bounce Houses has been paid in full for the entire order and the cost of shipping will be added.

 

4. Delivery:

The delivery date is an estimate based on current inventory and anticipated factory loads, of when the order will be shipped. All efforts will be made to make the date but BE Bounce Houses shall not be liable for damage or for any delay in delivery. BE Bounce Houses shall not be liable for damages arising from causes beyond its control and without its fault or negligence including, but not limited to, destruction or damage to the goods of BE Bounce Houses' manufacturing plant, shortage or raw materials, acts of God, public enemy, acts of government, fires, floods, strikes, freight embargoes and severe weather. If the delay is caused by the delay or default of a subcontractor of BE Bounce Houses and if such delay arises from causes beyond the control of both BE Bounce Houses and the subcontractor, BE Bounce Houses shall not be liable to the buyer for damages.

 

5. Inspection:

The 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 the buyer unless the buyer submits a claim in writing to BE Bounce Houses within five (5) days of receipt of the merchandise. Failure of the 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 the buyer without defects.

 

6. Disclaimer:

Pursuant to provisions of paragraph 5, BE Bounce Houses 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 purposes or specifications are described herein. BE Bounce Houses further disclaims any responsibility whatsoever to the buyer or to any other person for injury to the 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.

 

7. Limitation of Liability:

Under no circumstances shall BE Bounce Houses be liable for any incidental, remote, speculative, consequential, punitive, reliance, delay, special damages, losses or expenses arising from this Order Confirmation or BE Bounce Houses or the buyer's performance or nonperformance, or any act or omissions of BE Bounce Houses or in connection with the use of or inability to use the goods for any purpose whatsoever. In the event BE Bounce Houses is found liable for damages not withstanding the limitations and exclusions contained in this section. BE Bounce Houses shall not be responsible for damages to any person or entity, including, but not limited to the buyer and the buyer's customers, for any amount exceeding the amount paid by the buyer for the products ordered and confirmed by this Order Confirmation.

 

8. Tolerances:

All dimensions stated in the catalog, price lists, or elsewhere pertaining to the products sold by BE Bounce Houses are approximate and within industry tolerances. Color schemes of the units on represented on the website and printed matter are subject to change and are not subject to rejection. BE Bounce Houses reserves the right to change colors are deemed necessary.

 

9. Limitation of Remedies:

Replacement or repair at BE Bounce Houses option shall be the sole remedy of the buyer with respect to any defective or non-conforming goods or parts and shall be the exclusive remedy of the buyer, regardless of any remedy otherwise available under applicable law. BE Bounce Houses is not liable for remote, special, speculative, or consequential damage. BE Bounce Houses is not liable for loss of use or profits under any circumstances.

 

10. Modifications:

Prices are subject to adjustment if the buyer requests changes in specifications, quantities, or delivery requirements. All paragraphs of this Order Confirmation shall apply to goods to which such changes apply, and no modification of the terms and conditions hereof shall be binding on BE Bounce Houses unless contained in writing signed by BE Bounce Houses and expressly stating both that such terms are being modified and the nature of such modification. An order cannot be changed within the two (2) week period prior to the intended shipping date unless BE Bounce Houses and the buyer mutually agree to an appropriate change order fee and appropriate new shipping date, if applicable.

 

11. Cancellation Policy:

The buyer may cancel this order, in whole or in part, upon both written notice to BE Bounce Houses and 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 BE Bounce Houses 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 BE Bounce Houses would have made from full performance by the buyer, plus (4) the costs of engineering, prototypes, testing, tooling, and similar items produced for the buyer, plus (5) the reasonable costs incurred by BE Bounce Houses in making settlement and effecting collection hereunder. The buyer may require delivery to it of any material (except tools, molds, dies and any other equipment) for which payment hereunder is made.

a. Orders for custom units cannot be cancelled at any time or any reason once deposit has been received and order has been accepted by BE Bounce Houses.

 

12. Return Policy:

All sales are final unless otherwise agreed to in writing. If however, an unused, unopened item is returned for reasons unrelated to a warranty claim, the buyer will pay a minimum restocking fee of 25% of the price of the item(s) refunded. All freight return charges will be paid by the buyer in advance of return. All returns will be refused and returned at buyer's expense at the dock without an RA (Return Authorization number) that has been previously assigned.

 

13. Warranties:

All warranties are regulated by the product manufacturer and are subject to those terms. Including but not limited to: inflatables, blowers, accessories, food equipment. Warranty claims must be made directly to the manufacturer. BE Bounce Houses branded equipment is warranted for one year for manufacturing defects, not including wear and tear, slide or replacement covers from date of shipment. BE Bounce Houses equipment warranty claims must be made directly to BE Bounce Houses. BE Bounce Houses will pay for warranted repairs at it designated repair center. Under NO circumstances or period of time will Be Bounce House be responsible for shipping to and from repair center. BE Bounce Houses will not pay for any repairs other than at its designated repair center without prior written approval and established and accepted repair estimate. BE Bounce Houses will not be responsible or liable for any loss of use or profit from a warranty claim. In no circumstance will BE Bounce Houses provide or commit to a loaner unit due to loss of use.

 

14. Copyrights and Patents:

The copyright and patents of the designs, data sheets, packaging and literature of BE Bounce Houses shall remain the property of BE Bounce Houses and or Manufacturer, no rights or license (except as to the use for which BE Bounce Houses' goods are supplied) shall be granted hereby whether expressed or implied. BE Bounce Houses makes no guarantee that the goods will be delivered free of the rightful claim of any third party by way of infringement or the like. The buyer shall notify BE Bounce Houses if making, using, or selling the goods will constitute infringement of a patent or copyright.

The content of this web site as well as each of the inflatables are covered by Copyright © BE Bounce Houses. All Rights Reserved. Some of the designs are covered by patent pending. The designs are also trademarks of BE Bounce Houses. All copying is strictly prohibited.

 

15. Interpretation:

The rights and liabilities arising out of this contract with BE Bounce Houses shall be determined under the Uniform Commercial Code as enacted in Florida, 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:

Breach of this contract by BE Bounce Houses 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 Order Confirmation.

 

17. Use and Indemnification:

The 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 BE Bounce Houses. The buyer is solely responsible for all signage, labels and warning 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. The buyer acknowledges that they have received, read and fully understand all necessary instructions for the safe setup and operation of each product or device provided by BE Bounce Houses. The 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 and emergency situations. The buyer shall use proper stakes, tie-downs, and other applicable devices necessary to ensure the safety of users and the general public. The buyer agrees to Indemnity, hold and harmless, and defend BE Bounce Houses and its officers, directors, shareholders, employees and agents against and in respect of any actions and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies, including interest and penalties that BE Bounce Houses shall incur, or suffer, which arise, result from, or relate to the use of goods and products sold to the buyer and used by the buyer, the 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 BE Bounce Houses is required to commence action to enforce this provision, the buyer shall pay all of BE Bounce Houses' legal costs and expenses.

 

18. Assignment and Delegation:

The rights and obligations of the buyer under this Order Confirmation may not be assigned or delegated by the buyer without the written signed consent of BE Bounce Houses.

 

19. Integration:

There are no representations, warranties or conditions, expressed or implied, statutory or otherwise except those herein contained, and no Order Confirmations or waivers collateral hereto shall be binding on either party unless in writing and signed by the buyer and accepted by BE Bounce Houses. This Order Confirmation contains all of the promises, warranties, terms and conditions of the Order Confirmation 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, the buyer hereby irrevocably submits to the jurisdiction of any state or federal court located in Orange County, State of Florida, USA, over any action, suit or proceeding to enforce or defend any right under this Order Confirmation, and the 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, the buyer hereby 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 the buyer may have with respect to the maintenance of any such action or proceeding in any such form and the buyer hereby 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. The buyer agrees not to institute any legal actions or proceeding against BE Bounce Houses or any affiliate, arising out of or relating to this Order Confirmation 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 Order Confirmation, 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 Order Confirmation is found to be unenforceable, illegal or unconscionable by a court of competent jurisdiction, the remaining terms and conditions of this Order Confirmation shall stay in full force and effect.