Acceptance: Jump King USA accepts and confirms Buyer’s purchase order for the items, goods and products described on the Sales Invoice / Contract. Buyer agrees to the terms and conditions of sale set forth below. No different or additional terms are acceptable by Jump King USA unless agreed in writing and signed by Jump King USA. 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 Jump King USA. Unless specifically stated to the contrary on the Sales Invoice / Contract., Jump King USA is not responsible for typographical or clerical errors made in any quotations, orders or publications.
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. The balance is due prior to the date of shipping the item, which date will be provided to buyer by Jump King USA as soon as possible. For orders of equipment and items in stock, payment shall accompany buyer’s return of the Signed Sales Invoice / Contract. All funds for payment shall be in U.S. dollars in the form of cash, cashiers check, money order, or credit card. Deposits, but not final payment, may be made in the form of buyer’s check, payable to Jump King USA. Shipments will NOT be made C.O.D. Jump King USA may refuse to manufacture any item (unless payment in full is first received) whenever, in the sole discretion of Jump King USA there is doubt as to Buyer’s ability to pay.
Shipment: Jump King USA shall ship the goods to the site specified on the Sales Invoice / Contract or, if the Buyer chooses, Buyer shall pick up the goods at Jump King USA warehouse during normal business hours. If Buyer picks up goods, Buyer shall inspect goods and sign for receipt of goods in acceptable condition. If shipped, the goods shall be shipped F.O.B. carriers at Jump King USA factories, Idaho and California. All risk of loss passes to Buyer when Jump King USA delivers the order or any portion thereof, to the carrier. If Buyer does not specify a preferred method of shipment, Jump King USA shall exercise sole discretion in selecting a method of shipment. Jump King USA uses the services of major common carriers and delivery services and for foreign orders, freights forwarders. All costs and expenses relating to shipment, including insurance, customs expenses, duties, taxes, etc. shall be the sole responsibility of Buyer. Jump King USA generally will ship freight collect, unless buyer requests other arrangements. Shipments will be insured at buyer’s expense unless otherwise specified, and Jump King USA assumes no responsibility for placing of valuation upon a shipment unless requested to do so by Buyer. Partial shipments of any order to Buyer may be made by Jump King USA in order to facilitate the earliest possible delivery of the item(s) ordered; provided, however, partial shipment shall not be made unless Jump King USA has been paid in full for the entire order.
Delivery: The promised delivery date is an estimate based on current and anticipated factory loads, of when the order will be shipped. Jump King USA 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 Jump King USA manufacturing plant, shortage of raw materials, acts of God, 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 Jump King USA and if such delay arises from causes beyond the control of both Jump King USA and the subcontractor, Jump King USA shall not be liable to Buyer for damages.
Inspection: Buyer shall inspect the goods promptly after receipt. Any claim of shortage, 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 Jump King USA 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).
Disclaimer: Jump King USA excludes all other remedies or warranties, express or implied, including warranties of merchantability 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 purposes or specifications are described herein. Jump King USA 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.
LIMITATION OF LIABILITY: Under no circumstances shall Jump King USA be liable for any incidental, remote, speculative, consequential, punitive, reliance, delay, special damages, losses or expenses arising from this Sales Invoice / Contract or Jump King USA or Buyer’s performance or nonperformance, or any act or omissions of Jump King USA or in connection with the use of or inability to use the goods for any purpose whatsoever. In the event Jump King USA is found liable for damages not withstanding the limitations and exclusions contained in this section, Jump King USA 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 Buyer for the products ordered and confirmed by this Sales Invoice / Contract.
Tolerances: All dimensions stated in the catalog, prices lists, or elsewhere pertaining to the products sold by Jump King USA are approximate and within industry tolerances.
Limitation of Remedies: Replacement or repair at Jump King USA 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. Jump King USA is not liable for remote, special, speculative, or consequential damage. Jump King USA is not liable for loss of use or profits under any circumstances.
Modifications: Prices are subject to adjustment if Buyer requests changes in specifications, quantities, or delivery requirements. All Paragraphs of this Sales Invoice / Contract shall apply to goods to which such changes apply, and no modification of the terms and conditions here of shall be binding on Jump King USA unless contained in writing signed by Jump King USA and expressly stating both that such terms are being modified and the nature of such modification. An order cannot be changed within the two (2) week period prior to the intended shipment date unless Jump King USA and Buyer mutually agree to an appropriate change order fee and an appropriate new shipment date, if applicable.
Cancellation Policy: Buyer may cancel this order, in whole or in part, upon both written notice to Jump King USA and payment of cancellation charges, which 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 Jump King USA 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 Jump King USA 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 Jump King USA 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.
Return Policy: All Sales are final unless otherwise agreed to in writing. If however, an item is returned for reasons unrelated to a warranty claim, Buyer would pay a restocking fee of 25% of the price of the item(s) refunded as long as the item(s) are unused and in new resalable condition.
Copyrights and Patents: The copyright and patents of the designs, data sheets, packaging and literature of Jump King USA shall remain the property of Jump King USA and no rights or license (except as to the use for which Jump King USA goods are supplied) shall be granted hereby whether expressed or implied. Jump King USA 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 Jump King USA if making, using, or selling the goods will constitute infringement of a patent or copyright.
Taxes: All charges are subject to the federal, state and local taxes, if any, applicable, at the point of delivery. Buyer shall pay such taxes imposed on this order, and all penalties and interest, if any accrued therewith.
Insurance: Buyer agrees to carry general liability insurance with coverage limits of no less than (one million dollars) $1,000,000 in connection with Buyer’s use or rental of any goods purchased from Jump King USA.
Limited Warranty: Jump King USA provides Buyer a limited repair warranty and agrees and warrants only that the products, identified on invioice, will be fit for their intended purpose, merchantable, and without material defect in workmanship and materials for the product specified as follows: Ordinary wear and tear will not invalidate Jump King USA limited warranty, but misuse, improper handling or storage, improper repairs, improper maintenance and care, lack of ground cover under inflatable, or accidental, abusive or negligent treatment of the product will invalidate Jump King USA warranty. Buyer must use stakes and all tie-down tethers at all times to insure 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 repairs of which are the responsibility of Buyer. Buyer must ship the product(s) to Jump King USA at Buyer’s expense. If the product is evaluated and found defective, and the warranty for such product is in force, Jump King USA will bear the cost of shipping the repaired or replaced product to Buyer; otherwise, all shipping costs will be borne solely by Buyer. No statement, remark or representation of any employee or agent of Jump King USA may vary this Limited Warranty unless in writing and signed by the President of Jump King USA. Used Jumpers are purchased “AS IS”. Six month limited warranty for normal wear and tear.
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 King USA. “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 Jump King USA product or device. “Buyer” agrees to operate their Jump King USA product or device according to the instructions established by Jump King USA. “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 Jump King USA, Inc. dba Jump King USA 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 Jump King USA 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 Jump King USA is required to commence action to enforce this provision, Buyer shall pay all of Jump King USA legal costs and expenses..
