TERMS AND CONDITIONS
1) Acceptance: We accept and confirm your order for the items, goods and products described on the invoice provided to you at the time of your order. You agree to the terms and conditions of sale set forth on the cover page and as set forth herein below. No different additional terms are acceptable by Jump With Joy. Unless agreed on in writing and signed by Jump With Joy. These terms and conditions are exclusive and in lieu of all other terms and conditions appearing on buyer's invoice or elsewhere and apply to all quotations made and orders accepted by Jump With Joy. Unless specifically stated to the contrary on the face of this confirmation of order. It's buyer's full responsibility to check with buyer's local government on any laws and regulation related to the purchase and the use of the products. buyer agrees and fully understands that Jump With Joy is not registered to sell products in the states of PA and NJ. Buyer agrees to get all required certificate and license from local government before any use of Jump With Joy products. Jump With Joy is not responsible for typographical or clerical errors made in any quotations, orders or Jump With Joy publications.
2) Payment: Payment shall be made as follows: Buyer must make a 50% none refundable deposit on the price of each custom made item or each item that is currently not in stock. The balance is due 48 hours before date of shipping the item, The date will be provided to Buyer by Jump With Joy on the Invoice provided to Buyer at the time of order. Orders without initial payment will not be placed on production schedule. The shipping date listed on the sales confirmation sheet 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. For orders of equipment and items in stock, 100% payment shall be required. All funds for payment shall be in U.S. dollars in the form of cashier's check, money order, wire transfer, or credit card.
3) Cancellation : All sales are final. Orders may be canceled at no charge if the cancellation is made within 24 hours of the invoice date only. Cancellations made after invoice date will result in a 25% restocking fee., except for custom orders and sign banners will result in a 50% re-stocking fee.
4) Shipping: Unless requested by Buyer , Jump With Joy will use, at its discretion, its carrier of choice to deliver the product(s) to the Buyer. The goods shall be shipped F.O.B. From Jump With Joy factory at Pacoima , California. Unless noted on your sales invoice, all costs and expenses related to shipment, including Insurance, customs expenses, duties, taxes, etc. is and shall be the sole responsibility of buyer . The Buyer must inspect the package(s) for damage(s) before signing the Bill of Lading. Buyer should refuse the shipment if there is damage visible on the package or should make a note on the Delivery Receipt (Bill of Lading), for further claim evaluation. Any freight claim must be submitted to the freight carrier immediately.All shipping costs to and from our facility for repair or replacement of warranted items will be responsibility of the Buyer.
5) Limited Warranty: Jump With Joy provides Buyer a limited repair and replacement warranty and agrees and warrants the products, will be fit for their intended purpose, merchantable, and without material defect in workmanship and materials for the period and types of products specified by category below:
a) All Jumpers carry a Three (3) years warranty from date of purchase.
b) All slides and interactive games and units used wet carry a (2) year warranty from date of purchase.
c) All Accessories such Boxing gloves, bungee cords, bungee vest, Velcro suits, sand bags, and storage bags,slide covers, setup covers carry a One hundred twenty (120) days warranty from date of purchase.
d) All products sold to indoor facility carry One (2) year warranty from date of purchase.
e) All items not manufactured by Jump With Joy such as tarps, stakes, dolly, hand trucks, blowers, soaker hoses , No warranty of any kind is extended by Jump With Joy and all warranty claims should be handled directly with the manufacturer of the equipment.
Misuse, improper handling or storage, improper maintenance and care, or accidental, abusive or negligent treatment of the product will invalidate the Jump With Joy warranty coverage. The Buyer's usage of any inflatable product on a hard surface base (any surface other than grass), without the use of a tarp shall constitute improper usage and any resulting damage or defect shall not be covered . Color : A product shall not be considered defective if it is a different color than shown in Jump With Joy catalog, website, Buyers invoice or any form of advertisement. No warranty is made relating to color. Colors, artwork and design are subject to change without prior notice and will not be considered defects. Tolerances: All dimensions stated in the Jump With Joy catalog, website, Buyers invoice or any form of advertisement or elsewhere pertaining to products sold by Jump With Joy are approximate and within industry tolerances. No warranty is made relating to exact size of the product. Weight : All weights stated in the Jump With Joy catalog, website, Buyers invoice or any form of advertisement or elsewhere pertaining to products sold by Jump With Joy are approximate and within industry tolerances. No warranty is made relating to exact weight of the product.
All requests of buyer for warranty work and replacements are subject to product inspection at Jump With Joy factory. Final evaluation of warranty claim will be done when product arrives at Jump With Joy factory. A photo or photos of the suspected area requiring repair is required to submit a claim. Warranty repair work will be provided by Jump With Joy . Warranty will be voided if any modifications and repairs are performed at an unauthorized repair plant.
6) Inspection:. The Buyer shall inspect the product(s) the same day as receipt date and shall notify Jump With Joy in writing of any claims, including claims of breach of warranty, within three (3) business days, using certified mail, after the Buyer discovers facts upon which the claim is based. Failure of the Buyer 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 the Buyer received the product(s) without defect(s).
7) Taxes: All charges are subject to the federal, state and local taxes, if any, pertinent at the point of delivery. Buyer shall pay such taxes imposed on this order, and all penalties and interest, if any, accrued therewith. All "Will call" orders and orders shipped with a CA destination are subject to CA sales tax, unless recipient has a valid CA Seller's Permit.
8) Disclaimer: The provisions of paragraphs 5 are Jump With Joy sole obligation and Jump With Joy. Excludes all other remedies or warranties of merchant ability 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 said purposes or specifications are described herein. Jump With Joy further 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) 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 Jump With Joy "Buyer" is solely responsible for all signs, labels, and warnings to consumers or other users of the products and equipment, and or any and all other acts necessary, including user warnings and limitations such as ( weight, height, age, number of participants, and medical condition limitations), to ensure the safety of the users. "Buyer" acknowledges that they received, read and fully understand all necessary instructions for the safe setup and operation of their inflatable product or device. "Buyer" agrees to operate their inflatable product or device according to the instructions established by Jump With Joy "Buyer" agrees to operate their inflatable product or device according to all state and local requirements. "Buyer" agrees to carry general liability insurance in connection with "Buyer" use or rental of any good s purchased from Jump With Joy. "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 stakes, tie-downs, and other applicable devices necessary to ensure the safety of the users and the general public. "Buyer" agrees to indemnify, hold harmless and defend Jump With Joy and Jump With Joy insurers from actions and claims of third parties, including Buyers and users of the goods and products sold to "Buyer", 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 Buyer. In the event Jump With Joy is required to commence an action to enforce this provision, Buyer shall pay all of Jump With Joy legal costs and expenses.