Terms and conditions for Custom made inflatable's
Disclaimer
Specifications are subject to change without notice. All dimensions shown are approximate, not actual and within industry tolerance. We have tried to be as accurate as possible in creating our website and catalog; however we will not be responsible for errors or omissions.
Terms and Conditions of Sale
1. ACCEPTANCE:
Wholesale Promotional Products (WPP) accepts your order for the inflatable product or items listed on your sales invoice. You have read and fully understand and agree to the terms set forth below. No different or additional terms will be accepted by WPP without written consent of authorized WPP Management. WPP is not responsible for clerical or typographical errors made on any of its documents, quotes or Instruction Manuals.
2. PAYMENT:
Payment shall be made on all orders as follows: Buyer must Pay infull (100%) for CUSTOM made items. For items not in stock, partial payment equal to 50% must be paid at time of order to reserve a production space on the production schedule. Orders placed without a deposit will not be started until a security deposit has been received. Shipping date listed on the sales invoice will reflect the date the deposit is received. For each day a deposit has not been received an additional day may be added to the shipping date. Final payment must be received prior to shipment. All funds for payment shall be in Australian dollars in the form of Bank deposit, cashier's check, money order, wire transfer, or credit card via paypal.
3. SHIPPING:
The shipping date indicated on your sales invoice refers to the estimated time the product will be completed. WPP uses the services of several common carriers to handle the delivery of their products. Unless a carrier is specified by customer, WPP will use, at its discretion, its carrier of choice to deliver the product(s) to the customer. Shipments requiring more than one address delivery are subject to additional shipping charges. Shipments requiring a lift gate style truck to unload package maybe subject to additional shipping charges. WPP is not responsible for delays in shipping due to weather, union strikes, fires, floods, freight embargoes and acts of governments. Damages caused by shipper are not the responsibility of WPP. Freight carriers policies for handling of damaged goods during shipping must be followed to assure that claims are handled properly.
4. LIMITED WARRANTY:
WPP WILL NOT ACCEPT RETURNS FOR ANY CUSTOM MANUFACTURED PRODUCTS.
WPP does not Rent / Hire or install inflatable's, WPP can not assure usability, use for locations and details for any outcome of inflatable's. The customer is responsible for their designs and use of all custom made products.
WPP 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 product specified as follows:
A) Inflatable's manufactured by WPP: have a 30 day return policy for damage not caused by the user or non abuse from the date buyer receives order.
B) Pieces, parts, and accessories ordered from WPP: 30 days from the date buyer receives order.
C) Other equipment (not manufactured by WPP): No warranty of any kind is extended by WPP, but WPP 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.
The motor/blower supplied with your inflatable is covered by the blower manufacturer's own warranty. Any claims of defect in the blower operation must be directed to the blower manufacturer directly for repair or replacement. Blowers carry a one (1) year warranty with overseas freight coast the responsibility of the buyer/owner..
A product shall not be considered defective if it is a different color than shown in WPP catalog or website and no warranty is made relating to color. Ordinary wear and tear will not invalidate WPP limited warranty, but misuse, improper handling or storage, improper maintenance and care, or accidental, abusive or negligent treatment of the product will invalidate WPP warranty. This warranty shall become void if inflatable is packed wet or repaired by any other repair agency not approved by WPP. Buyer must use stakes, sandbags, tie-downs and ground cover at all times 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. Seller is not responsible for any lost revenue as a result of a warranty claim by buyer. Seller is not responsible to replace any inflatable product with a loaner product during a repair of a product under warranty. Seller shall make all such repairs, replacements and corrections with care.
5. SHIPPING OF WARRANTY REPAIRS:
All requests of buyer for warranty work and replacements are subject to product inspection at WPP workplace. Final evaluation of warranty claim will be done when product arrives at WPP's location. A photo or photos of the suspected area requiring repair is required to submit a claim. If a returned product is evaluated and, found defective, and the warranty for such product is in force, WPP will bear the cost of shipping in the following manner:
For the first 30 days after buyer receives order, WPP shall be responsible for ground freight charges to and from WPP factory using a WPP approved freight carrier. For the remaining warranty period, buyer will be responsible for all shipping charges to and from WPP factory.
IT IS IMPORTANT TO CHECK ALL ORDERS IMMEDIATELY WHEN RECEIVED! All returned shipments must be pre-approved by WPP and a returned goods authorization issued; if not, buyer will be responsible for the freight charges.
6. INSPECTION:
Buyer shall inspect the product(s) promptly after receipt and shall notify WPP in writing of any claims, including claims of breach of warranty, within 7 days after buyer discovers or should have discovered the facts upon which the claim is based. Failure of 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, a waiver of the right to reject the goods, and conclusive proof that the product(s) were received by buyer without defect(s).
8. DISCLAIMER:
WPP 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, ACCIDENT, MISAPPLIED, MODIFIED, REPAIRED BY UNAUTHORIZED PERSONS, IMPROPERLY INSTALLED OR MAINTAINED.
9. USE AND INDEMNIFICATION:
Buyer is solely responsible for the manner of use of the products and other equipment. Buyer is solely responsible for all sign age, 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, medical condition limitations), to ensure the safety of the users. Buyer shall use stakes, tie-downs, and other applicable devices necessary to ensure the safety of users. Buyer agrees to indemnify, hold harmless and defend WPP 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 WPP is required to commence an action to enforce this provision, buyer shall pay all of WPP legal costs and expenses.
10. TOLERANCES:
All dimensions and weights stated in the catalog, website, or instruction material pertaining to products sold by WPP are approximate and within industry tolerances.
11. COPYRIGHTS:
All logos, product names, trademarks, artwork, literature, photographs and designs used for the purpose of producing WPP products are proprietary and the sole property of WPP. Any unauthorized reproduction of any of these items constitutes a copyright infringement and are punishable by law.
12. 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 hereof shall be binding on WPP unless contained in a writing signed by authorized WPP personnel and expressly stating 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 WPP. Any changes requested are subject to re-quotation of the final cost of the item purchased and an appropriate new shipment date, if applicable.
13. CANCELLATION:
Buyer may cancel this order, in whole or in part, upon written notice to WPP within 72 hours from date of order. Buyer may be liable for the payment of any cancellation charges resulting from cancellation incurred by WPP.
14. RETURN POLICY:
For any item purchased from WPP 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. Buyer will be responsible for any and all charges for the shipping of the item(s) returned. The item(s) 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. WPP WILL NOT ACCEPT RETURNS FOR ANY CUSTOM MANUFACTURED PRODUCTS. This includes custom designs and custom ordered colors not standard on the item(s) produced by WPP.
16. INTEGRATION:
There are no representations, warranties or conditions, expressed or implied, statutory or otherwise except those herein contained, and no agreements or waivers collateral hereto shall he binding on either party unless in writing and signed by buyer and accepted by WPP. 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.
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