Terms & Conditions

TERMS AND CONDITIONS

  • All units are sold on a first come first serve basis.
  • All orders with units taken from stock must ship immediately.
  • Each unit ordered requires a 25% deposit (minimum $500 if 25% is less than) in order to finalize the order. Deposit must be paid within 24 hours.
  • Each custom order requires a 35%, non-refundable deposit.
  • Cancellation of any order will result in the forfeiture of the entire down payment.
  • Balance due in full prior to shipment. Shipping prices are subject to change with current shipping rates.
  • Sales tax is charged as applicable (unless located out of the state of Florida).
  • Due to product development and material constantly changing, prices, designs, and colors are subject to change without notice.

ACCEPTANCE OF ORDER
BounceWave Inflatable Sales accepts and confirms the Buyer’s purchase order for the items, goods, and products described on the Sales Invoice with the Confirmation of Order. As a buyer, you
agree to the terms and conditions of sales set forth below. No different or additional terms will be
accepted by BounceWave Inflatable Sales unless agreed in writing and signed by BounceWave
Inflatable Sales personnel
. 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 BounceWave Inflatable Sales. Unless specifically
stated differently on the confirmation of the order, BounceWave Inflatable Sales is not
responsible for typographical or clerical errors made in any quotations, orders, or publications.

ACCEPTANCE OF ORDER
Payment shall be made on all BounceWave Inflatable Sales products as follows:
A) Partial payment equal to 25%, (minimum of $500) must be paid to BounceWave Inflatable
Sales at the time of order to reserve a production space on the production schedule, and a 35%,
a non-refundable deposit must be paid for custom orders.
B) Orders placed without a deposit will not be started until a secured deposit has been received.
C) Deposits must be submitted within 24 hours from the original invoice date reflected on the
invoice.
D) Final payments on all orders must be received at least 48 hours prior to the listed ship date
on the sales confirmation.
E) BounceWave Inflatable Sales is not responsible for monitoring final payments. It is the
customer’s responsibility to keep track of the date their product is due to ship and make
arrangements with BounceWave Inflatable Sales for the final payment before the scheduled
ship date.
F) Final payments must be received in the form of certified funds, money order, bank wire
transfer, cash, or credit card number.
G) BounceWave Inflatable Sales may refuse to manufacture any item (unless payment in full is
made) whenever, in the sole discretion of BounceWave Inflatable Sales, there is doubt as to a
Buyer’s ability to pay.

SHIPPING
A) The ship date indicated on your sales confirmation refers to the estimated time the product
will be completed and is subject to change.
B) Delay of deposit on an order or the delay in receiving necessary (customer supplied) artwork
will reflect a possible delay in the on-time completion of your entire order.
C) BounceWave Inflatable Sales utilizes the services of several common carriers to handle the
delivery of their products.
D) Whenever possible, BounceWave Inflatable Sales will offer the discounts afforded to
BounceWave Inflatable Sales to the customer for their shipments through the specified carriers
BounceWave Inflatable Sales deals with.
E) Unless a carrier is specified by the customer, BounceWave Inflatable Sales will use, at its
discretion, it’s best carrier to get the product to the customer.
F) BounceWave Inflatable Sales shall ship the goods to the site specified on the Confirmation of
Order or, if the Buyer chooses, Buyer shall pick up the goods at BounceWave Inflatable Sales
warehouse during normal pickup hours.
G) If Buyer picks up goods, Buyer shall inspect goods and sign for receipt of goods in
acceptable condition.
H) If shipped, the goods shall be shipped F.O.B. carrier at BounceWave Inflatable Sales facility
in Zephyrhills, Florida.
I) Partial shipments of any order to Buyer may be made by BounceWave Inflatable Sales in
order to facilitate the earliest possible delivery of the item(s) ordered; provided, however, partial
shipment shall not be made unless BounceWave Inflatable Sales has been paid in full for the
entire order.
J) BounceWave Inflatable Sales is not responsible for delays in shipping due to weather, union
strikes, fires, floods, freight embargoes, and acts of governments.
K) Shipments requiring a lift gate style truck to unload BounceWave Inflatable Sales products
may be subject to additional shipping charges.
L) Damages caused by shippers are not the responsibility of BounceWave Inflatable Sales.
Freight carriers Policies for handling damaged goods during shipping must be followed to
assure that claims are handled properly in the event that BounceWave Inflatable Sales must
collect back damaged shipment to repair. This will assure that BounceWave Inflatable Sales is
reimbursed for any expenses incurred in the repair of damaged goods.
The promised delivery date is the estimated possible based on current and anticipated factory
loads of when the order will be shipped. BounceWave Inflatable Sales shall not be liable for
damage or for the 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 BounceWave
Inflatable Sales manufacturing plant, shortage of raw materials, acts of nature, 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 BounceWave Inflatable Sales and if such
delay arises from causes beyond the control of both BounceWave Inflatable Sales and the
subcontractor, BounceWave Inflatable Sales 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 a claim in writing to BounceWave Inflatable Sales 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 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).

LIMITED WARRANTY
Inflatable bouncers manufactured by BounceWave Inflatable Sales: One (1) year seam to seam
warranty from the date of shipment to Buyer. All water products have a two (2) year warranty
from the date of shipment to the Buyer on the pool liner and the slide liner. BounceWave Inflatable
Sales warrants that the inflatable supplied to you is free from:
A) Defects in the materials and the workmanship that is provided to you in your cold-air
inflatable.
B) Defects arising from the selection of materials or the process of manufacturing.
C) Defects in the design, in view of the state of the art on this date (artistic license excluded).
D) No Warranty is provided by BounceWave Inflatable Sales on Zippers, Netting, Mesh. The
warranty shall apply to your inflatable plus all accessories, equipment, and parts manufactured
by BounceWave Inflatable Sales. Wear covers such as entrance covers or mats and slide
covers with steps are not warranted beyond the first 90 days after the buyer receives the order.
These covers are intended to reduce wear on the inflatable and require periodic replacement. A
product shall not be considered defective if it is a different color than shown in BounceWave
The BounceWave Inflatable Sales catalog and/or website and no warranty is made relating to color, digital printing, or any airbrushing done on any unit. All requests of buyers for all warranty work and
replacement are subject to product inspection at BounceWave Inflatable Sales facility in
Zephyrhills, Florida. Ordinary wear and tear will not invalidate BounceWave Inflatable Sales
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 BounceWave Inflatable Sales warranty. Buyer must use
stakes and all tie-down tethers 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 repairs of which are the responsibility of the Buyer.
Buyer pays a shipment cost to BounceWave Inflatable Sales for repair and BounceWave
Inflatable Sales pays the shipment cost to the Buyer after it has been repaired. No statement,
remark, or representation of any employee or agent of BounceWave Inflatable Sales may vary
this Limited Warranty unless in writing and signed by the President of BounceWave Inflatable
Sales. – Other Equipment (not manufactured by BounceWave Inflatable Sales): No warranty of
any kind is extended by BounceWave Inflatable Sales but BounceWave Inflatable Sales 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 manufactures or suppliers of such
other equipment. The fan motor 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. In case of defects in materials,
workmanship, or defects arising from the selection of material or procedures of manufacture,
such defects must become apparent in the inflatable, equipment, or part within 24 months of
shipping. The extent of the seller’s liability under this warranty is to defects in material or
workmanship. Defects arising from the selection of the material or the processes of the manufacture
are limited to the repair of such defects or to the replacement (with the item free from the defect in
question) of any accessory, equipment, or part which is defective in any of such respect with the
exception of color fading. The extent of the seller’s liability under this warranty as to defects inherent
in design is limited to the correction at our expense of all such defects becoming apparent in the
inflatable accessory, equipment, or part purchased here within one year of use. The seller is not
responsible for any lost revenue as a result of a warranty claim by the buyer. Seller is not
responsible for replacing any inflatable product as a “LOANER” product during a repair of a
warranted product. If a “LOANER” product should be available during the repair, the buyer will
be responsible for all round trip shipping charges and any damages caused to the inflatable
supplied. Seller shall make all such repairs, replacements, and corrections with care. This
warranty shall become void if the inflatable is packed wet or repaired by any other repair agency
not approved by BounceWave Inflatable Sales.
NOTE: WEAR AND TEAR due to normal use or overuse is not covered by this warranty. IT IS
IMPORTANT TO CHECK ALL ORDERS IMMEDIATELY WHEN RECEIVED!
All returned
shipments must be pre-approved by BounceWave Inflatable Sales and a returned goods
authorization number issued; if not, customers will be responsible for the freight charges.
Replacement or repair at BounceWave Inflatable Sales 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 the buyer, regardless of any remedy otherwise available under applicable law.
BounceWave Inflatable Sales is not liable for remote, special, speculative, or consequential
damage. BounceWave Inflatable Sales is not liable for loss of use or profits under any
circumstances. 6. LIMITATION OF LIABILITY Under no circumstances shall BounceWave
Inflatable Sales be liable for any incidental, remote, speculative, consequential, punitive,
reliance, delay, special damages, losses, or expenses arising from this Confirmation of Order or
BounceWave Inflatable Sales or Buyer’s performance or nonperformance, or any act or
omissions of BounceWave Inflatable Sales or in connection with the use of or inability to use the
goods for any purpose whatsoever. In the event, BounceWave Inflatable Sales is found liable for
damages notwithstanding the limitations and exclusions contained in this section, BounceWave
Inflatable Sales 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 the
buyer for the products ordered and confirmed by this confirmation order.

TAXES and DUTY
All charges are subject to the federal, state and local taxes if any. Customers shall pay such
taxes imposed on this order, and all penalties and interest, if any, accrued therewith. All duty
and or taxes owed for international orders will be paid by customers to custom authorities for
their respectful country.

DISCLAIMER
BounceWave Inflatable Sales 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.

TOLERANCES
All dimensions and weights stated in the catalogs or instruction material pertaining to products
sold by BounceWater Inflatable Sales are approximate and within industry tolerances.

COPYRIGHTS
All logos, product names, trademarks, artwork, literature, photographs, and designs used for the
purpose of producing BounceWave Inflatable Sales products are proprietary and the sole
property of BounceWave Inflatable Sales. Any unauthorized reproduction of any of these items
will constitute a copyright infringement and are punishable by law. BounceWave Inflatable Sales
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 BounceWave Inflatable Sales if making, using,
or selling the goods that may result in the infringement of a patent or copyright.

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 BounceWave Inflatable Sales unless contained in a writing signed by authorized
BounceWave Inflatable Sales personnel and expressly stating both that such terms are being
modified and the nature of such modification. This order cannot be changed after 5 business
days from the date of order without acceptance by BounceWave Inflatable Sales. Any changes
requested are subject to re-quotation of the final cost of the item purchased. An order cannot be
changed within the two (2) week period prior to the intended shipment date unless BounceWave
Inflatable Sales and Buyer mutually agree to an appropriate change order fee and an
appropriate new shipment date, if applicable.

CANCELLATION
Buyer may cancel this order, in whole or in part, upon written notice to BounceWave Inflatable
Sales. within 72 hours from the date of order. Buyer may be liable for the payment of any
cancellation charges resulting from cancellation incurred by BounceWave Inflatable Sales. Such
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 BounceWave Inflatable Sales 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 BounceWave Inflatable Sales. would
have been 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
BounceWave Inflatable Sales 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, a restocking fee of 25% of the price of the item(s)
refunded will be paid by the Buyer. For any item purchased from BounceWave Inflatable Sales,
the customer has 72 hours from the date of receiving the item to contact BounceWave Inflatable
Sales to file a refund and return authorization/claim. The customer will be responsible for any
and all charges for the shipping of the item(s) returned. The items 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 for by the customer. BounceWave Inflatable Sales WILL NOT ACCEPT
RETURNS FOR ANY CUSTOM MANUFACTURED PRODUCTS. This includes customer name
tags added to the item(s), custom designs, and custom-ordered colors not standard on the item(s)
produced by BounceWave Inflatable Sales.

INSURANCE
Insurance: Buyer agrees to carry general liability insurance with coverage limits of no less than
$1,000,000 in connection with Buyer’s use or rental of any goods purchased from BounceWave
Inflatable Sales.

INTERPRETATION
The rights and liabilities arising out of this contract with BounceWave Inflatable Sales shall be
determined under the Uniform Commercial Code as enacted in Florida, 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 LOSS
Branch of this contract by BounceWave Inflatable Sales shall have no effect on the provisions
controlling the risk of loss of the goods, and Section 2-510(1) and 2-510(2) of the Uniform
Commercial Code shall have no effect on this Confirmation of Order.

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
BounceWave Inflatable Sales.”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 BounceWave Inflatable Sales product or device. “Buyer”
agrees to operate their BounceWave Inflatable Sales. product or device according to the
instructions established by BounceWave Inflatable Sales. “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 BounceWave Inflatable
Sales 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 BounceWave Inflatable Sales
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 BounceWave Inflatable Sales is
required to commence an action to enforce this provision, Buyer shall pay all of BounceWave
Inflatable Sales legal costs and expenses.

ASSIGNMENT AND DELEGATION
All Sales are final unless otherwise agreed to in writing. If however, an item is returned for
reasons unrelated to a warranty claim, a restocking fee of 25% of the price of the item(s)
refunded will be paid by the Buyer. For any item purchased from BounceWave Inflatable Sales,
the customer has 72 hours from the date of receiving the item to contact BounceWave Inflatable
Sales to file a refund and return authorization/claim. The customer will be responsible for any
and all charges for the shipping of the item(s) returned. The items 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 for by the customer. BounceWave Inflatable Sales WILL NOT ACCEPT
RETURNS FOR ANY CUSTOM MANUFACTURED PRODUCTS. This includes customer name
tags added to item(s), custom designs, and custom-ordered colors not standard on the item(s)
produced by BounceWave Inflatable Sales.

INTEGRATION
There are no representations, warranties, or conditions, expressed or implied, statutory or
otherwise except those herein contained, and no Confirmation of Orders or waivers collateral
here to shall be binding on either party unless in writing and signed by Buyer and accepted by
BounceWave Inflatable Sales.. This Confirmation of Order contains all of the promises,
warranties, terms, and conditions of the Confirmation of Order between the parties and
supersedes any and all oral or implied promises, undertakings, and prior agreements.

GOVERNING LAW, JURISDICTION, AND VENUE
To the fullest extent permitted by applicable law, Buyer hereby irrevocably submits to the
jurisdiction of any state or federal court located in the County of Los Angeles, State of California,
USA, over any action, suit, or proceeding to enforce or defend any right under this Confirmation
of Order, and Buyer hereby irrevocably agrees that all claims in respect of any such action or
proceeding may be heard or determined in such state or federal court. To the fullest extent
permitted by applicable law, buyer hereby irrevocably waives the defense of any inconvenient
forum to the maintenance of any such action or proceeding or any other substantive or
procedural rights or remedies Buyer may have with respect to the maintenance of any such
action or proceeding in any such form and Buyer hereby agrees that a final judgment in any
such action or proceeding shall be conclusive and may be enforced in any other jurisdiction by
suit on the judgment or in any other manner provided by law. Buyer agrees not to institute any
legal actions or proceedings against BounceWave Inflatable Sales. or any affiliate, arising out of
or relating to this Confirmation of order in any court other than as herein above specified.

ATTORNEY’S FEES
In the event, either party brings an action to interpret or enforce its rights under this Confirmation
of Order, the prevailing party shall be entitled to reasonable attorney’s fees and costs which may
be set by the court in the same action, in addition to any other relief to which it may be entitled.

SEVERABILITY
If any of the Terms or Conditions of this Confirmation of Order are found to be unenforceable,
illegal or unconscionable by a court of competent jurisdiction, the remaining terms and
conditions of this Confirmation of Order shall stay in full force and effect.

REFUSAL OF SERVICE
BounceWave Inflatable Sales reserves the right to refuse service to anyone at any time.