Terms of service
These Terms and Conditions apply to direct purchases from Inflated Fun Games (for sales) or Inflated Fun Rentals (for rentals) by phone or through our website at www.inflatedfun.ca. This sales agreement, hereby known as "Agreement ", is entered by and between Inflated Fun (or “the Company”) and its customers (hereinafter “the Customer”). The Agreement consists of these terms and conditions (hereinafter “the Terms”) and the sales invoice or purchase order (hereinafter “Invoice”). The Agreement is effective as of the Invoice date.
The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms upon each purchase for changes.
1) ORDERS: The Company accepts the Customer(s) order for the product(s) listed on the Invoice. You confirm that you have read, completely understand and agree to the Terms described below. Any additions or modifications of the Terms will not be accepted, without written agreement by an authorized Company employee. The Company is not responsible for clerical or typographical errors made on any of its quotations, literature, documents, and/or other relevant material. All games (hereinafter “units”) are sold as a first come first serve bases and the Company does not guarantee that all advertised products are available at all times. All units must be paid in full in a timely manner. Upon completion of Invoiced products, orders must be shipped from the warehouse within 15 business days or will result in a $15.00 (CAD) per day storage fee until shipped.
2) PAYMENT TERMS: Payment shall be made as follows: A non-refundable initial payment of 30% of the Invoice must be paid to ensure production space on the production schedule for product(s) not in stock. Orders without initial payment will not be placed on production schedule and will not be fulfilled until partial payment is received. The estimated shipping date listed on the Invoice will reflect the date the initial payment is received, consequently, additional day(s) may be added to the shipping date for each day(s) initial payment has not be received. Final payment must be paid prior to shipping products. The Company shall not be responsible for tracking final payment(s), thus it is the responsibility of the Customer to keep track of shipping date(s) and make arrangements with the Company for final payment(s) receipt before date product is to be shipped out. All payments shall be in U.S. Dollars in the form of cash, check, cashier's check, money order, wire transfer, or Company accepted credit card payable to Best Jumpers. The Company retains the right to hold products pending authorization of final payment.
3) SHIPPING AND HANDLING: The Company uses the services of several carriers to handle the delivery of the products. Unless another carrier is timely specified and arranged by the customer, the Company will use a Canadian or International carrier to transport the product(s) to the Customer. Company will generally ship freight prepaid, unless Customer requests other arrangements. All expenses related to shipment, including: insurance, customs expenses, duties, taxes, and so on, shall be the sole responsibility of the Customer, unless noted otherwise on Invoice. The Company will not be responsible for delays in shipping due to unforeseen circumstances such as but not limited to weather, fire, flood, earthquake, union strikes, freight embargoes and/or acts of governments. Shipments requiring special handling such as a lift gate style truck for unloading products may be subject to additional charges. In cases where the buyer chooses to pick up product at the warehouse, buyer must do so during regular business hours. Damages caused by the shipping carrier are not the responsibility of the Company. The shipping carrier’s policies for handling of damaged goods during shipping must be followed to ensure that claims are handled properly.
4) LIMITED WARRANTY: The Company warrants that its supplied products are free from: 1. Defects in the materials and workmanship. 2. Defects from the selection of materials or the process of manufacturing. 3. Defects in the design, in view of the state of the art on this date.
The air blower supplied with the inflatable is covered by the manufacturer's warranty and not by Inflated Fun. Any claims of defect in the blower operation must be directed to the blower manufacturer directly for repair or replacement.
In cases of defects in materials, workmanship or defects arising from the selection of material or processes of manufacture, such defects must become apparent in the inflatable unit, equipment or part within 12 months of shipping date. The extent of seller's liability under this warranty is limited to defects in material or workmanship and defects arising from the selection of material or the processes of manufacture. Warranty is limited to the repair of such defects or to the repair or replacement (with item free from the defect in question) of any accessory, equipment, or part which is defective in any of such respects with 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 unit, accessory, equipment or part purchased here within one year of use. 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 the Company. Customer shall be responsible, at its discretion, for freight to and from the Company’s production facility for the duration of the entire 12 months after the date of delivery using a Company approved freight carrier. Wear and tear due to normal or overuse is not covered by the warranty. Overloading or overstressing of the inflatable causing seam separation(s) or tearing of entryways will not be covered. Seller is not responsible to replace any inflatable product as a “loaner” product during a repair of a warranted product. The warranty does not apply to any accessories manufactured by Company. Any damage, tear to netting is not covered under warranty. All accessories are warranted for 90 days after shipment date excluding basketball hoops which are not covered under the inflatable or accessory warranty.
5) INSPECTION: IT IS IMPORTANT TO CHECK ALL ORDERS IMMEDIATELY WHEN RECEIVED. ALL SALES ARE FINAL. Buyer shall inspect the product(s) immediately upon receipt and shall notify the Company in writing of any claims, including claims of breach of warranty, within three (3) business days, using certified mail, or email after Customer discovers facts upon which the claim is based. Failure of Customer to give written notice of a claim within the inspection time period shall be deemed to be a waiver of a claim for defective products and conclusive proof that Customer received the product(s) without defect(s). The Company is not responsible for tracking any written notices.
6) TAXES: All charges are subject to provincial taxes if applicable at the point of delivery. Customer shall pay such taxes imposed on this order, and all penalties and interest, if any, accrued therewith. All duty and taxes owed for international orders will be paid by the customer to custom authorities for their country.
7) DISCLAIMER: Inflated Fun denies and disclaims any responsibility whatsoever to purchaser or any other person(s) for any type of injury to person(s) or damage to or loss of property or value caused by any product which has been subjected to misuse, negligence, accident, misapplication, modified or repaired by unauthorized persons, or improper maintenance and/or installation.
8) PRODUCT TOLERANCES: All weights and dimensions stated in catalogs, web pages, literature or instruction material in regards to products sold by the Company are approximate and within industry tolerances. Final inflated dimension may vary from those dimensions listed in any sales literature or manuals.
9) TRADEMARKS AND COPYRIGHTS: Trademarks, logos, product names, literature, artwork, designs, and photographs are solely used for the purpose of creating products and are exclusively owned by the Company. Any illegal use of any of these items is a copyright infringement and is punishable by law.
10) PRODUCT VARIATION: In the event buyer requests any changes in design, manufacturing, order quantity, delivery terms, and/or other matters, prices are subject to reflect those variations. All variations must be disclosed at time of order placement and are subject to approval by authorized staff.
11) CANCELLATION: Orders may be partly or fully cancelled within three (3) business days of placement, prior to order shipment or pickup, by sending a written notice to the Company. The Company, at its discretion, has the right to withhold initial payment(s) made by customer(s) to use as remedy for production readjustment and associated costs.
12) INDEMNIFICATION AND USE: PURCHASOR (person, company or entity buying the inflatable product or device), is solely responsible for the manner of use of the products and other equipment purchased from Company (Best Jumpers). INFLATED FUN IS NOT LIABLE FOR THE USE OF THE PRODUCTS. PURCHASER is solely responsible for all warnings, signs, and labels 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. PURCHASER acknowledges that they have received, read and fully understand all necessary instructions for the safe setup and operation of their Inflated Fun product or device. PURCHASOR agrees to operate their Inflated Fun product or device according to the instructions established by the Company. PURCHASOR agrees to operate their product or device according to all provincial or state government requirements. PURCHASER agrees to train any person(s) operating the product or device in the safe operation of the product or device including safe handling of emergency situations. PURCHASER shall use proper stakes, tie-downs, and other applicable devices necessary to ensure the safety of users and the general public. PURCHASER agrees to indemnify, defend and hold harmless Inflated Fun and its Insurers from actions and claims of third parties, including customers of PURCHASER and users of the goods and products sold to PURCHASER, arising out of or in connection with the use of the goods and products herein described or resulting from the breach of the provisions in this Confirmation of Order by PURCHASER. In the event Inflated Fun is required to commence an action to successfully enforce this provision, PURCHASER shall pay all of Best Jumpers legal costs and expenses.
13) GOVERNING LAW, JURISDICTION, AND VENUE: The purchaser agrees and consents to the exclusive jurisdiction of the courts of the Province of Ontario for all purposes regarding the terms and further agrees and consents that venue of any action brought hereunder shall be exclusively in the Region of Peel in the Province of Ontario.
