|Inflatable Industries, LLC., Terms & Conditions.
By submitting an order for any product sold by Inflatable Industries, LLC. (Hereinafter Inflatable Industries), you (hereinafter “Customer”) agree to be bound by the terms and conditions listed below. You and Inflatable Industries, LLC, agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and Inflatable Industries. Any attempt to alter, supplement modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from Inflatable Industries.1. LIMITATION OF LIABILITY IN ALL CIRCUMSTANCES INFLATABLE INDUSTRIES’ MAXIMUM LIABILITY TO CUSTOMER IS LIMITED THE PURCHASE PRICE OF THE PRODUCTS SOLD. INFLATABLE INDUSTRIES, SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. INFLATABLE INDUSTRIES SHALL NOT BE LIABLE FOR CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES, THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF OR LOSS OF BUSINESS REGARDLESS OF WHETHER OR NOT INFLATABLE INDUSTRIES. HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES. PRICE, MATERIALS AND TERMS ARE BASED UPON DATE OF PAYMENT RECEIVED.BY INFLATABLE INDUSTRIES. UNTIL SUCH PAYMENT IS RECEIVED INFLATABLE INDUSTRIES RESERVES THE RIGHT TO CHANGE THE PRICE AND OR MATERIALS USED TO BUILD THE BOAT TO MAINTAIN THE HIGHEST QUALITY AND ON THE CUTTING EDGE OF TECHNOLOGY 2. CANCELLATIONS AND REFUNDS INFLATABLE INDUSTRIES., HAS AN “ALL SALES ARE FINAL” SALES POLICY. THIS MEANS THAT INFLATABLE INDUSTRIES DOES NOT ALLOW CANCELLATIONS AND/OR REFUNDS AFTER AN ORDER HAS BEEN PROCESSED. 2a. IN EXTREME CIRCUMSTANCES PRIOR TO SHIPMENT ONLY, INFLATABLE INDUSTRIES, IN ITS SOLE AND EXCLUSIVE DISCRETION MAY AUTHORIZE RESALE OF PRODUCT ON ITS WEBSITE. IN THAT EVENT THERE IN ADDITION TO THE FULL ORIGINAL PURCHASE PRICE THERE WILL BE A 20% CONSIGNMENT FEE CHARGE ON THE DAY OF RESALE PRICE RECEIVED. CUSTOMER RESERVES THE RIGHT TO APPROVE RESALE PRICE.3. CUSTOM ORDERS All custom ordered boats or inflatable projects of any type are to be prepaid. INFLATABLE INDUSTRIES, will build to Customer’s specifications and advise of any problems prior to building. A quote of the expected costs will be given to customer. The same will be invoiced and paid prior to the commencement of the build of the project. A final invoice will be issued upon completion of the project with any additional changes from the original quote highlighted. The entire final invoice must be paid prior to delivery of the project to customer.INFLATABLE INDUSTRIES requires an agreed upon deposit for all service, development, design, research, travel time, and testing requested by customer. All customer requests will be billed at the rate of $225.00 per man hour plus expenses incurred and invoiced accordingly. Customer shall, after completion pay the full invoiced price minus the deposit prior to delivery of same. Any development or design created by INFLATABLE INDUSTRIES shall, unless otherwise agreed in writing, be the intellectual property of INFLATABLE INDUSTRIES with the right to seek patent protection and other intellectual property protection .
At no time will INFLATABLE INDUSTRIES, charge Customer more than was previously quoted in writing to Customer’s written permission. Any form of payment received by INFLATABLE INDUSTRIES, from Customer will be considered binding and the same as written permission. As INFLATABLE INDUSTRIES, cannot know the results of tests before performing them, the outcome of testing procedures for any custom work may change pricing and additional money may be needed to complete the project. INFLATABLE INDUSTRIES, will provide an estimate for approval in the event of any price modifications.
INFLATABLE INDUSTRIES, reserves the right to cancel any project(s) at anytime.
4. GENERAL TERMS AND CONDITIONS
payment terms; Orders: An order is not binding upon Inflatable Industries, LLC for any product until it is accepted. Unless otherwise agreed, Inflatable Industries, LLC., must receive full payment before an order is accepted. No shipment will be made prior to full payment for product(s) ordered. Customer may make payment by Personal or Business Check, or some other method prearranged with Inflatable Industries, LLC. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed bylaw, whichever is greater. There will be a service charge of Thirty Five ($35.00) dollars on any returned check and all other action allowed by law.
5. LIMITED WARRANTY
Inflatable Industries, LLC products are subject to the MANUFACTURERS LIMITED WARRANTY provided herewith and incorporated herein by reference.
6. MISCELLANEOUS PROVISIONS
6a. Shipping Charges
All products shipped by Inflatable Industries, LLC, are shipped at the customers expense. Customer is responsible for all shipping costs unless otherwise noted on invoice.
6b. Title; Risk of Loss
Inflatable Industries, LLC, can refer a third-party shipping broker for shipment of ordered product(s) to the Customer, Freight On Board (F.O.B.) shipping point, meaning title to the product(s) and risk of loss passes to the Customer upon delivery to the carrier. Inflatable Industries, LLC, reserves a purchase money protection interest in the product(s) until its receipt of the full amount due is satisfied. Customer agrees to allow Inflatable Industries, LLC, to sign appropriate documents on Customer’s behalf to permit Inflatable Industries, LLC to protect its purchase money security interest. Inflatable Industries, LLC, will advise Customer of estimated shipping dates, but Inflatable Industries, LLC, will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes, or back orders and vendor delays
6c. Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Inflatable Industries, LLC, and Customer shall be governed by the laws of the State of Michigan, without regard to its conflicts of law rule. Specifically, the United Nations Convention on the International Sale of Goods shall not govern the validity, interpretation, and performance of this agreement. Inflatable Industries, LLC, and Customer consent to the exclusive jurisdiction and the exclusive venue of Ingham County Courts of the State of Michigan in Lansing, Michigan to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Inflatable Industries, LLC, that is more than one year after the date of the applicable invoice.
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceable shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Michigan law
The failure of either party to require performance by the other provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
6f. Entire Agreement
These terms and conditions, together with Inflatable Industries, LLC., invoice (incorporated herein by reference) regarding the products ordered by Customer, are the complete and exclusive agreement between Inflatable Industries, LLC, and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Inflatable Industries, LLC, and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.