East Inflatables 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 East Inflatables. 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 East Inflatables. Unless specifically stated to the contrary on the Invoice/Order Confirmation, East Inflatables is not responsible for typographical or clerical errors made in any quotations, orders or publications.
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 East Inflatables 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 the form of wire transfer, cash, western union, paypal or credit card. At the sole discretion of East Inflatables 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. East Inflatables may refuse to manufacture any item (unless payment in full is first received) whenever, in the sole discretion of East Inflatables, there is doubt as to buyer's ability to pay.
ALL East Inflatables Orders are subject to a handling and packaging fees. Liability and risks and shipping claims transfer to buyer when goods are handed over to the first carrier. East Inflatables 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 East Inflatables, 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 East Inflatables 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 East Inflatables in order to facilitate the earliest possible delivery of the item(s) ordered; provided, however, partial shipment shall not be made unless East Inflatables has been paid in full for the entire order and the cost of shipping will be added.
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 East Inflatables shall not be liable for damage or for any delay in delivery. East Inflatables 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 East Inflatables' 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 East Inflatables and if such delay arises from causes beyond the control of both East Inflatables and the subcontractor, East Inflatables shall not be liable to the buyer for damages.
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 East Inflatables within five 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.
Pursuant to provisions of paragraph 5, East 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 purposes or specifications are described herein. East Inflatables 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 East Inflatables be liable for any incidental, remote, speculative, consequential, punitive, reliance, delay, special damages, losses or expenses arising from this Order Confirmation or East Inflatables or the buyer's performance or nonperformance, or any act or omissions of East Inflatables or in connection with the use of or inability to use the goods for any purpose whatsoever.
All dimensions stated in the catalog, price lists, or elsewhere pertaining to the products sold by East Inflatables 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. East Inflatables reserves the right to change colors are deemed necessary.
9. Limitation of Remedies:
Replacement or repair at East Inflatables 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. East Inflatables is not liable for remote, special, speculative, or consequential damage. East Inflatables is not liable for loss of use or profits under any circumstances.
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 East Inflatables unless contained in writing signed by East Inflatables and expressly stating both that such terms are being modified and the nature of such modification. An order cannot be changed within the two week period prior to the intended shipping date unless East Inflatables 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 East Inflatables 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 East Inflatables 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 East Inflatables 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 East Inflatables 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 East Inflatables.
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.
All warranties are regulated by the product manufacturer and are subject to those terms. Including but not limited to: inflatables, blowers, accessories. Warranty claims must be made directly to the manufacturer. East Inflatables branded equipment is warranted for one year for manufacturing defects, not including wear and tear, slide or replacement covers from date of shipment. East Inflatables equipment warranty claims must be made directly to East Inflatables. East Inflatables will pay for warranted repairs at it designated repair center. Under NO circumstances or period of time will be responsible for shipping to and from repair center. East Inflatables will not pay for any repairs other than at its designated repair center without prior written approval and established and accepted repair estimate. East Inflatables will not be responsible or liable for any loss of use or profit from a warranty claim. In no circumstance will East Inflatables 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 East Inflatables shall remain the property of East Inflatables, no rights or license (except as to the use for which East Inflatables' goods are supplied) shall be granted hereby whether expressed or implied.