1) Acceptance: We accept and confirm your order for the items, goods and products described on the cover page of this confirmation of order (Purchase order). You agree to the terms and conditions of sale set forth on the cover page and asset forth herein below. No different additional terms are acceptable by Happy Jump, Inc. Unless agreed on in writing and signed by Happy Jump, Inc. These terms and conditions are exclusive and in lieu of all other terms and conditions appearing on buyer’s order or elsewhere and apply to all quotations made and orders accepted by Happy Jump, Inc. Unless specifically stated to the contrary on the face of this confirmation of order. Happy Jump, Inc. is not responsible for typographical or clerical errors made in any quotations, orders or Happy Jump, Inc. publications.
2) Payment: Payment shall be made as follows: Buyer must make a 50% deposit on the price of each custom made item or each item not currently in stock at the time of Buyer’s return of this Confirmation of Order. The balance is due prior to the date of shipping the item, which date will be provided to Buyer by Happy Jump, Inc. on the cover page as soon as possible. For orders of equipment and items in stock, payment shall accompany Buyer’s return of this Confirmation of Order. All funds for payment shall be in U.S. dollars in the form of cashier’s check, money order, wire transfer, or credit card. Deposits, but not final payment, may be made in the form of Buyer’s check, payable to Happy Jump, Inc. Shipments will not be made C.O.D. Happy Jump, Inc. may refuse to manufacture any item unless payment in full is first received whenever, in the sole discretion of Happy Jump, Inc., there is doubt as to Buyer’s ability to pay.
3) Shipment: The goods shall be shipped F.O.B. carrier Happy Jump, Inc. factory, Los Angeles, California. All risk of loss passes to Buyer when Happy Jump, Inc. delivers the order, or any portion thereof, to the carrier. If Buyer does not specify a preferred method of shipment, Happy Jump, Inc. shall exercise sole discretion in selecting a method of shipment. Happy Jump, Inc. uses the major common carriers and delivery services and, for foreign orders, freight forwarders. All costs and expenses relating to shipment, including insurance, customs expenses, duties, taxes, etc. shall be the sole responsibility of Buyer. Happy Jump, Inc. generally will ship freight collect, unless Buyer requests other arrangements and prepays Happy Jump, Inc. for all shipping expenses. Shipments will be insured at Buyer’s expense unless otherwise specified, and Happy Jump, Inc. assumes no responsibility for placing of valuation upon shipment unless requested to do so by Buyer. Partial shipments of any order from Buyer may be made by Happy Jump, Inc. in order to facilitate the earliest possible delivery of the item ordered; provided, however, that partial shipment shall not be made unless Happy Jump, Inc. has been paid in full for the entire order.
4) Delivery: The projected delivery date is Happy Jump, Inc.’s reasonable estimate, based on current and anticipated factory loads, of when the order will be shipped. Happy Jump, 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, acts of God, acts of government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes or delays, and severe weather. If the delay is caused by the delay or default of the subcontractor, Happy Jump, Inc. and if such delay arises from causes beyond the control of either Happy Jump, Inc. or the subcontractors, Happy Jump, Inc. shall not be liable to Buyer in damages.
5) Limited Warranty: Happy Jump, Inc. provides Buyer a limited repair and replacement warranty and agrees and warrants only that the products, identified by category below, will be fit for their intended purpose, merchantable, and without material defect in workmanship and materials for the period and types of products specified as follows:
a) Inflatables manufactured by Happy Jump, Inc.: Two (2) years warranty on all moonwalks (jumpers) and one (1) year warranty on all slides and interactive games, Combo units and playgrounds from date of purchase only.
b) Pieces and Parts manufactured by Happy Jump, Inc.: Thirty (30) days from date of purchase (such as slide blankets and steps)
c) Other Equipment (not manufactured by Happy Jump, Inc.), such as Motor Blowers: No warranty of any kind is extended by Happy Jump, Inc., but Happy Jump, Inc. will, to the extent it can legally and contractually do so, assign to Buyer, at Buyer’s request, all warranties on such Other Equipment, if any, offered by the manufacturer or supplier of such Other Equipment.
d) No warranty on soaker hoses, zippers, or artwork
A product shall not be considered defective if it is a different color than shown in Happy Jump, Inc. catalogue and no warranty is made relating to color. All requests of Buyer for warranty work and replacements are subject to product inspection at Happy Jump, Inc.’s factory in Los Angeles, California. Buyer must ship the products to Happy Jump, Inc. at Buyer’s expenses. Ordinary wear and tear will not invalidate Happy Jump, Inc.’s limited warranty, but misuse, improper handling or storage, improper repairs, improper maintenance and care, or accidental, abusive or negligent treatment of the product will invalidate Happy Jump, Inc.’s warranty. Buyer must use stakes, tie-downs and ground covers at all time to ensure the safety of users and the equipment. This warranty is not a guarantee that the product will not through use, handling and storage develop tears or punctures from time to time, the repair of which is the responsibility of Buyer. If a returned product is evaluated and found defective, and the warranty for such product is in force, Happy Jump, Inc. will bear the cost of shipping the repaired or replacement product to Buyer; otherwise, all shipping costs will be borne solely by Buyer. No statement, remark or representation of any employee or agent of Happy Jump, Inc. may vary this Limited Warranty unless in writing and signed by the President of Happy Jump, Inc.
6) Inspection: Buyer shall inspect the product(s) promptly after receipt and shall notify Happy Jump, Inc. in writing of any claims, including claims of breech of warranty, within fifteen (15) days after Buyer discovers or should have discovered the facts upon which the claim is based. Failure of Buyer to give written notice of all claims within the inspection time period shall be deemed to be a 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).
7) Disclaimer: The provisions of paragraphs 5 are Happy Jump, Inc.’s sole obligation and Happy Jump, Inc. 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. Happy Jump, Inc. 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.
8) Limitation of Liability: Under no circumstances shall Happy Jump, Inc. be liable for any incidental, consequential, punitive, reliance, delay or special damages, losses or expenses arising from this confirmation of order or Happy Jump, Inc.’s buyer’s performances or nonperformance, or in connection with the use of, or inability to use, the goods for any purpose whatsoever. In any and all events, if Happy Jump, Inc. is found liable for damages. Notwithstanding the limitations and exclusions for paragraphs 7 and 8, Happy Jump, Inc. shall not be responsible for damages to any person or entity, including but not limited to buyer and buyer’s customers, for an amount paid by buyer for the products ordered and confirmed by this confirmation order.
9) Tolerances: All dimensions stated in the catalogues or elsewhere pertaining to products sold by Happy Jump, Inc. are approximate and within industry tolerances.
10) Patents: Happy Jump, 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. If Happy Jump, Inc. determines, in its sole discretion, that making, using, or selling the goods would result in the infringement of any patent, Happy Jump, Inc. reserves the right to cease manufacturing and/or shipping the product, without liability to Buyer.
11) Modifications: 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 here of shall be binding on Happy Jump, Inc. unless contained in a writing signed by Happy Jump, Inc. and expressly stating both that such terms are being modified and the nature of such modification. This order cannot be changed within the two (2) week period prior to the projected shipment date unless Happy Jump, Inc. and Buyer mutually agree to an appropriate change order fee and an appropriate new shipment date, if applicable.
12) Cancellation: Buyer may cancel the order in whole or in part within 72 hours from the order date upon written notice to Happy Jump, Inc. for a full refund of the deposit. In case of any cancellation after the 72 hour period a fee of 25% of the total amount of the order will be changed. Custom design and custom color orders are not cancelable after conformation of the order and deposit is not refundable.
13) Returns Policy: For any item purchased from Happy Jump, Inc. and returned for reasons unrelated to a warranty claim, a restocking fee of twenty-five percent (25%) of the price of the item(s) returned will be paid by buyer and customer will be responsible for all shipping costs. Happy Jump, Inc. will not accept returns on any custom made units. (Banners, custom designs and custom color orders).
14) 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.
15) Interpretation: The rights and liabilities arising out of this contract with Happy Jump, 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).Effect of Breach on Risk of Loss: Breach of this contract by Happy Jump, Inc. shall have no effect on the provisions controlling the risk of loss of the goods, and Sections 2?510(1) and 2?510(2) of the Uniform Commercial Code shall have no effect on this Confirmation of Order.
16) Effect of Breach on Risk of Loss: Breach of this contract by Happy Jump, Inc. shall have no effect on the provisions controlling the risk of loss of the goods, and Sections 2?510(1) and 2?510(2) of the Uniform Commercial Code shall have no effect on this Confirmation of Order.
17) 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 Happy Jump, Inc. “Buyer” is solely responsible for all signage, 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 (e.g., 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 Happy Jump, Inc. Inflatable product or device. “Buyer” agrees to operate their Happy Jump, Inc. inflatable product or device according to the instructions established by Happy Jump, 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 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 Happy Jump, Inc. and Happy Jump, Inc. Insurers from actions and claims of third parties, including customers of “Buyer” 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 Happy Jump, Inc. is required to commence an action to enforce this provision, Buyer shall pay all of Happy Jump, Inc.’s legal costs and expenses.
18) Integration: There are no representations, warranties or conditions, express or implied, statutory or otherwise except those herein contained, and no agreements or waivers collateral hereto shall be binding on either party unless in writing and signed by Buyer and accepted by Happy Jump, Inc. This Confirmation of Order contains all of the promises, warranties, terms and conditions of the agreement between the parties and supersedes any and all oral or implied promises, undertakings and prior agreements.
19) Governing Law, Jurisdiction and Venue: In the event of litigation between the parties concerning the order or any product shipped to Buyer hereunder, the laws of California, U.S.A, shall govern such action. Venue shall be in Los Angeles, California, and the action shall be brought in the California or federal courts of appropriate jurisdiction.