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By visiting our website you understand and agree to the following Terms of Sale:
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 50% deposit in order to guarantee the next available unit
All sales are final unless agreed otherwise in writing
Cancellation will result in a re-stocking fee calculated at 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. Montebello, CA. Sales tax is charged as applicable.
Due to constant product development and improvement, prices, designs and colors are subject to change without prior notice
1. ACCEPTANCE OF ORDER
Jumpions, 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 Jumpions, Inc. unless agreed in writing and signed by Jumpions, 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 Jumpions, Inc. Unless specifically stated differently on the confirmation of the order, Jumpions, Inc. is not responsible for typographical or clerical errors made in any quotations, orders or publications. Special requests & instructions, special modifications, changes to terms of sale and warranty must be stated in writing by Jumpions and signed by the buyer. Any verbal commitments made by Jumpions employees are not valid unless put in writing and signed by the buyer.
Payment shall be made on all Jumpions, Inc. products as follows:
A) Partial payment equal to 50% must be paid to Jumpions, 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 estimated date of completion (EDC date) listed on the sales confirmation is determined by the date the deposit is received. For each day a deposit has not been received, an additional day may be added to the EDC date. A deposit must be received and confirmed before an order is put in the production queue.
D) Final payments on all orders must be received at least 10 business days prior to the estimated completion date listed on the sales confirmation.
E) Jumpions, Inc. is not responsible for monitoring or invoicing final payments. It is the customer’s responsibility to make the final payment before shipping. Shipping generally occurs within three days of estimated date of completion listed on the sales confirmation.
F) Final payments must be received in the form of certified funds, money order, bank wire transfer, cash or credit card number. Jumpions will automatically bill final balances to the customers credit card on file within three days the estimated day of completion as stated on the sales confirmation. A 2% SURCHARGE BASED ON THE TOTAL INVOICE AMOUNT WILL BE ADDED TO PAYMENTS MADE BY CREDIT/DEBIT CARDS.
G) Jumpions, Inc. may refuse to manufacture any item (unless payment in full is made) whenever, in the sole discretion of Jumpions, Inc. there is doubt as to a Buyer's ability to pay.
A) The ship date aka the "estimated time of completion" is indicated on your sales confirmation refers to the estimated time the product will be completed. The buyer understands that this date is an estimate and not a guaranteed date.
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) Jumpions, Inc. utilizes the services of several common carriers to handle the delivery of their products.
D) Whenever possible Jumpions, Inc. will offer the discounts afforded to Jumpions, Inc. to the customer for their shipments through the specified carriers Jumpions, Inc. deals with.
E) Unless a carrier is specified by customer, Jumpions, Inc. will use, at its discretion, its best way carrier to get the product to the customer.
F) Unless a door to door delivery is requested by the buyer and listed in writing on the sales confirmation, Jumpions, Inc. shall ship the goods for the buyer to pick up at a shipping terminal that is local to the buyer. Any special delivery instructions requested by the buyer must also be listed in writing on the sales confirmation. Jumpions, Inc is not responsible for fulfilling door to door or special delivery requests that are not listed on the sales confirmation. If the Buyer chooses, Buyer shall pick up the goods at Jumpions, 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 Jumpions, Inc. factory, in Montebello, California.
I) Partial shipments of any order to Buyer may be made by Jumpions, Inc. in order to facilitate the earliest possible delivery of the item(s) ordered; provided, however, partial shipment shall not be made unless Jumpions, Inc. has been paid in full for the entire order.
J) Jumpions, Inc. is not responsible for delays in shipping due to weather, union strikes, fires, floods, freight embargoes and acts of governments and any circumstance beyond its control.
K) Shipments requiring a lift gate style truck to unload Jumpions, Inc. products may be subject to additional shipping charges.
L) Damages caused by shipper are not the responsibility of Jumpions, 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 Jumpions, Inc. must collect back damaged shipment to repair. This will assure that Jumpions, Inc. is reimbursed for any expensed incurred in the repair of damaged goods.
Unless, agreed upon in advance and listed in writing on the sales confirmation, Jumpions will not commit to a promised delivery date. Jumpions only gives estimated dates of completion, aka EDC date. The EDC date is an estimate of when the production of an order will be completed. Orders are generally inspected, packed and shipping within three days after the EDC date. The EDC date is only an estimation based on current and anticipated factory loads, it is not a promised date. Jumpions, 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 Jumpions, 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 Jumpions, Inc. and if such delay arises from causes beyond the control of both Jumpions, Inc. and the subcontractor, Jumpions, Inc. shall not be liable to Buyer for damages. Jumpions will not be responsible for lost revenue and inconvience arising from a late shipment, in which the customer scheduled rental business involving units from that shipment. Jumpions does not recommend that customers rent out units that have not yet been received and inspected.
Buyer shall inspect the goods promptly after receipt. Any claim of shortage, incorrect product, 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 Jumpions, 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 SEAM TO SEAM WARRANTY
Buyer agrees to the Limited Seam To Seam Warranty described on the Warranty section of this website.
IT IS IMPORTANT TO CHECK ALL ORDERS IMMEDIATELY WHEN RECEIVED!
All returned shipments must be pre-approved by Jumpions, Inc. and a returned goods authorization number issued; if not, customer will be responsible for the freight charges.
Replacement or repair at Jumpions, 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. Jumpions, Inc. is not liable for remote, special, speculative, or consequential damage. Jumpions, Inc. is not liable for loss of use or profits under any circumstances.
6. LIMITATION OF LIABILITY
Under no circumstances shall Jumpions, Inc. be liable for any incidental, remote, speculative, consequential, punitive, reliance, delay, special damages, losses or expenses arising from this Confirmation of Order or Jumpions, Inc. or Buyer's performance or nonperformance, or any act or omissions of Jumpions, Inc. or in connection with the use of or inability to use the goods for any purpose whatsoever. In the event Jumpions, Inc. is found liable for damages not withstanding the limitations and exclusions contained in this section, Jumpions, 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.
JUMPIONS, 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.
All dimensions and weights stated in the catalogues or instruction material pertaining to products sold by Jumpions, Inc. are approximate and within industry tolerances.
10. 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. The buyer understands that Jumpions does not guarantee that all of its products meet or comply with every standard and regulation of every government in all circumstances. Therefore, the buyer agrees not to hold Jumpions responsible if one or more of its products do not meet or comply with every standard or regulation setforth by his or her local or state government. The buyer understands that if a Jumpions product is found not to meet one or more of the standards or regulations of his or her local, state, a return or refund of that product(s) is not an option. The buyer also understands that Jumpions may not be able to supply all of the documentation a particular government may require in order for the buyer to operate his or her inflatables in their local jurisdiction and will not hold Jumpions responsible for doing so. Furthermore, the buyer acknowledges responsibility for knowing his or her local and state government standards and regulations for the operation of amusement inflatables before ordering from Jumpions.
All logos, product names, trademarks, artwork, literature, photographs and designs used for the purpose of producing Jumpions, Inc. products are proprietary and the sole property of Jumpions, Inc.. Any unauthorized reproduction of any of these items will constitute a copyright infringement and are punishable by law. Jumpions, 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 Jumpions, Inc. if making, using, or selling the goods that may result in the infringement of a patent or copyright.
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 Jumpions, Inc. unless contained in a writing signed by authorized Jumpions, 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 Jumpions, 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 Jumpions, Inc. and Buyer mutually agree to an appropriate change order fee and an appropriate new shipment date, if applicable.
Because Jumpions 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 soley cosmetic (relating to appearance), such as a color change, the Jumpions 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 Jumpions is not obligated or responsible for advance notification of the change, unless a significant cosmetic difference in appearance results as part of the change.
Buyer may cancel this order, in whole or in part, upon written notice to
Jumpions, Inc. within 72 hours from date of order. Buyer may be liable for the payment of any cancellation charges resulting from cancellation incurred by Jumpions, 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 Jumpions, 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 Jumpions, 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 Jumpions, 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.
14. RETURN POLICY
All Sales are final unless otherwise agreed to in writing. All returns must be approved by Jumpions. If a return with refund is approved, a restocking fee of 25% of the price of the item(s) refunded will be paid by Buyer along with return shipping charges.
For any item purchased from Jumpions, Inc. the customer has 72 hours from the date of receiving the item to contact Jumpions, Inc. to file a refund and return authorization/claim. If approved, 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. Jumpions, 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 Jumpions, Inc.
15. EXCHANGE POLICY
All exchanges must be approved by Jumpions and the items(s)returning from the customer is subject to the rules of Jumpions RETURN POLICY. Buyer understands and agrees that the returning item(s) must be picked up and enroute to Jumpions, before the replacement product is delivered. No exceptions.
In the event that the exchange product is delivered to the buyer, before the returning product is picked up, the buyer agrees to ship the returning product to Jumpions within 72 hours of receiving the exchange product. The buyer understands that failure to do so is an acknowledgement by the buyer to Jumpions that he or she intends to keep all item(s) involved in the exchange. In this event, the buyer agrees to allow Jumpions to bill his or her credit card on file for any unpaid items.
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 Jumpions, Inc..
The rights and liabilities arising out of this contract with Jumpions, 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
18. EFFECT OF BREACH ON RISK LOSS
Brach of this contract by Jumpions, 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.
19. 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 Jumpions, 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 Jumpions, Inc. product or device. "Buyer" agrees to operate their Jumpions, Inc. product or device according to the instructions established by Jumpions, 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 Jumpions, 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 Jumpions, 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 Jumpions, Inc. is required to commence action to enforce this provision, Buyer shall pay all of Jumpions, Inc. legal costs and expenses.
20. ASSIGNMENT AND DELEGATION
The rights and obligations of the Buyer under this Confirmation of Order may not be assigned or delegated by Buyer without the written signed consent of Jumpions, Inc..
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 Jumpions, 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.
22. 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 Jumpions, Inc. or any affiliate, arising out of or relating to this Confirmation of order in any court other than as herein above specified.
23. 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.
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.
25. REFUSAL OF SERVICE
Jumpions, Inc. reserves the right to refuse service to anyone at anytime.