I. ACCEPTANCE OF ORDER:

Big Top Inflatables (hereinafter known as BTI), will accept your order for the Inflatable Product(s) or Device(s) as documented on your Sales Agreement. By accepting the order, Purchaser (i.e., person, company, or entity purchasing the inflatable product or device) acknowledges and certifies that they have had sufficient opportunity to read Terms and Conditions, understand its content, and the order was executed freely, intelligently, and without duress of any kind. Purchaser further agrees to the terms set forth in this Agreement and as documented on the Sales Agreement.

A) BTI will not accept different, amended, or additional terms without written consent of an authorized BTI Representative.

B) BTI is not responsible for clerical or typographical errors made on any documents, quotations, website, literature, advertisements, and / or other relevant material.

C) Preliminary negotiations shall not constitute an Agreement for the sale of goods.

II. PAYMENT:

BTI requires the following non-refundable, partial or full payments to place an order:

• Regular Orders – 50%
• Custom Orders and Sale Priced Units – 100% (Pre-Paid)  

A) Payments must be received by BTI no later than 5 calendar days from invoice date; otherwise the order will not be processed and automatically cancelled without further notice.  Orders placed without a deposit will not be started until a secured, valid deposit has been received.

B) The ship date on the Sales Agreement will reflect the date the deposit is received. For each day a deposit has not been received additional days may be added to the ship date.

C) Final payments on all orders, with the exception of orders that have been pre-paid, must be received at least 48 hours prior to the ship date on the Sales Agreement. BTI is not responsible for monitoring final payments. It is the Purchaser’s responsibility to keep track of the date their product is due to ship and making arrangements with BTI for the final payment prior to the scheduled ship date. Should Purchaser fail to make final payment, as stated in this Agreement, then all deposits are automatically forfeited. BTI will retain all said deposits and resell the products ordered under the Agreement.   

D) Full, Partial and Final Payments must be made in the form of a U.S. Certified Funds, Money Order, Bank Wire Transfer, or any of the following Credit Cards: Visa, MasterCard, Discover, and American Express. Please Note: Your order will not be shipped until your method of payment has cleared our financial institution.

E) All ‘Will Call’ Orders and orders with a LA (Louisiana) Ship-To Destination are subject to Louisiana Sales Tax unless recipient has a valid Louisiana Seller’s Permit and remitted upon request. All payments are payable to Big Top Inflatables.

III. SHIPPING: 

A) Freight is always “Collect” unless otherwise indicated on the Sales Agreement. BTI will not be responsible for freight charges over what may have been quoted prior to shipment.

B) The ship date listed on the Sales Agreement refers to the estimated time the product will be completed.

C) Delay of deposit on an order or the delay in receiving (customer supplied) artwork will reflect a possible delay in the on-time completion of your order and shipment.

D) BTI utilizes the services of several common carriers to handle the delivery of your ordered products.

E) Whenever possible, BTI will offer the discounts afforded to BTI to the Purchaser for their shipments.

F) Unless a carrier is specified by the Purchaser, BTI will use, at its discretion, its best way carrier to get the product to the Purchaser.

G) BTI is not responsible for delays in shipping due to weather, union strikes, fires, floods, freight embargos, terrorism, and acts of governments or nature.

H) Shipments to residences / businesses or the use of a lift gate style truck to unload products may be subject to additional shipping charges.

I) Damages caused by shipper are not the responsibility of BTI. Freight carriers policies for the handling of damaged goods during shipping must be followed to assure the claims are handled properly. The Purchaser must inspect the package(s) for damage(s) prior to signing the Bill of Lading. Purchaser’s should refuse and relinquish any damaged package(s) back to the freight carrier, or should Document the Damage on the Delivery Receipt (i.e., Bill of Lading) for further claim investigation. Moreover, the Purchaser shall inspect the product(s) promptly after receipt and shall notify the respective manufacturer, in writing (i.e., US Certified Mail), of any claims, including claims of breach of warranty, within fifteen (15) days after purchaser discovers or should have discovered the facts upon which the claim is based. Failure of Purchaser 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 Purchaser without defect(s).  

J) IT IS IMPORTANT TO CHECK ALL ORDERS IMMEDIATEDLY WHEN RECEIVED! All returned shipments must be pre-approved by their respective manufacturer(s) and a returned goods (RA) authorization number issued; if not, Purchaser will be responsible for the freight charges.

IV. LIMITED WARRANTY:

The product(s) purchased are free from:

• Defects in the materials and the workmanship.
• Defects developing from the selection of materials or the process of manufacturing.
• Defects in design, in view of the state of the art on this date (artistic license excluded).

A) The warranty shall apply to your inflatable plus all accessories, equipment and parts by their respective manufacturer. Wear covers, such as banners, misting hoses, tie-downs, straps, entrance covers or mats, slide covers, and slide covers with steps, are not warranted and are sold AS IS. These products are intended to reduce wear on the inflatable and require periodic replacement.

B) The fan motor supplied with the inflatable is covered by the blower manufacturer’s own warranty. Any claims of defect in the blower must be directed to the blower manufacturer directly for repair or replacement. Warranty claims must be filed with the manufacturer of the blower device.

C) In cases of defects in materials, workmanship or defects arising from the selection of material or processes of manufacture, such defects must become apparent in the inflatable, equipment or part within 24 months of shipping the inflatable product, and 12 months from ship date for any water style inflatable products. The extent of the manufacturer’s liability under this warranty is to defects in material or workmanship. Defects arising from the selection of material or the processes of manufacture are limited to the repair of such defects or to the repair of replacement (with item free from the defect in question) of any accessory, equipment, or part which is defective in any of such respects with the exception of color fading. The extent of the manufacturer’s liability under this warranty as to defects inherent in design is limited to the correction at the manufacturer’s expense of all such defects becoming apparent in the inflatable accessory, equipment or part purchased within one year of use. The manufacturer is not responsible for any lost revenue as a result of a warranty claim by purchaser.

D) Wear and Tear through normal use, misuse, or overuse is not covered by this warranty. If it appears, during repair inspection, that the inflatable was damaged do to overloading or misuse by its patrons, the affected areas would not be covered under the normal warranty.

E) Manufacturer is not responsible to replace any inflatable product as a “LOANER” product during a repair of a warranted product.

F) This warranty shall become void if inflatable is packed wet or repaired by any other repair agency not approved the manufacturer.

G) The manufacturer shall not be responsible for ground freight to and from their production facility with respect to warranty issues.   

H) For any item purchased from BTI, purchaser has 72 hours from the date of receiving item to contact BTI for a refund and return authorization. A restocking fee of (50%) will be paid by Purchaser. Purchaser also will be responsible for any and all charges for shipping, administrative fees, and processing fees 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 by Purchaser. BTI, and the respective manufacturer, will not accept returns for any custom manufactured, special, or sale priced products. This includes, Purchaser name tags added to item(s), custom designs, and custom ordered colors not standard on the item(s) produced for Purchaser.     

I) In the event of litigation between the parties concerning the product(s) shipped to Purchaser, such action shall be governed by the laws of Louisiana, U.S.A. Venue shall be in St. Charles Parish, Louisiana, and the action shall be brought in the State of Louisiana or federal courts of appropriate jurisdiction.   

V. TAXES AND DUTY:

All charges are subject to the federal, state, and local taxes if any. Purchaser 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 Purchaser to custom authorities for their respective country.

VI. DISCLAIMER:    

BTI, AND THE RESPECTIVE MANUFACTURERS, DISCLAIMS ANY RESPONSIBILITY WHATSOEVER TO PURCHASER 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 SUBJECT TO MISUSE, NEGLIGENCE, OR ACCIDENT, OR MISAPPLIED, OR MODIFIED OR REPAIRED BY UNAUTHORIZED PERSONS, OR IMPROPERLY INSTALLED OR MAINTAINED.

VII. TOLERANCES:

All dimensions and weights stated in the catalogues or instruction materials pertaining to products sold by BTI are approximate and within industry tolerances. BTI, or the respective manufacturer, at their discretion, may substitute standard colors for similar colors if deemed necessary to complete an order on time, to include, not being responsible for color matching of inflatable products based on photographs or computer generated illustrations. The supplier of vinyl materials cannot guarantee BTI, nor their respective manufacturers, that each roll of a listed color will be exactly consistent, therefore it cannot be guaranteed to the Purchaser.

VIII. COPYRIGHTS:

All logos, product names, trademarks, artwork, literature, photographs and designs used for the purpose of producing BTI products are proprietary of BTI and their respective manufacturers. Any unauthorized reproduction of any of these items constitutes a copyright infringement and are punishable by law.

IX. MODIFICATIONS:

Prices are subject to adjustment if Purchaser request changes in specifications, quantities, or delivery requirements. All paragraphs of this Confirmation of Agreement shall apply to goods to which such changes apply, and no modifications of the terms and conditions hereof shall be binding on BTI or their respective manufacturers unless contained in writing signed by authorized BTI representative and expressly stating both that such terms are being modified and the nature of such modification. Any changes requested are subject to re-quotation of the final cost of the item purchased.

X. CANCELLATION:      

Purchaser may cancel this Confirmation of Agreement, in whole or part, upon written notice (i.e. US Certified Mail) to BTI within 72 hours from the Date of Order. Purchaser may be liable for the payment of any cancellation charges resulting from cancellation incurred by BTI. BTI reserves the right to withhold initial payment(s), in part or in full, made by Purchaser, to use as remedy for production readjustment and associated costs.

XI. INDEMNIFICATION:

In fulfilling Purchaser’s duties pursuant to this Agreement, the Purchaser agrees to indemnify and to hold harmless BTI, its affiliates, and their respective officers, directors, agents, managing members and employees, against any and all losses, claims, damages and expenses, including reasonable attorney’s fees, to the extent any such losses, claims, damages and expenses are due to the acts or omissions of Purchaser, its officers, directors, agents, managing members and employees. The Purchaser, in its sole discretion, shall select counsel to defend any action pursuant to this indemnity. BTI hereby covenants not to settle or compromise any claim or cause of action for which indemnification is sought by Purchaser.

XII. SUCCESSORS AND ASSIGNS:

All the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, if any, successors, and assigns.

XIII. ARBITRATION:

Any controversies arising out of the terms of this Agreement or its interpretation shall be settled in the Parish of St. Charles and State of Louisiana in accordance with the rules of the American Arbitration Association, and the judgment upon award may be entered in any court having jurisdiction thereof.   

XIV. NOTICES:

Any and all notices, demands, or other communication required or desired to be given hereunder by any party shall be in writing and shall be validly given or made to another party if personally served, or if deposited in the United States mail, certified or registered, postage prepaid, return receipt requested. If such notice or demand is served personally, notice shall be deemed constructively made at the time of such personal service. If such notice, demand or other communication is given by mail, such notice shall be conclusively deemed given five (5) days after deposit thereof in the United States mail to whom such notice, demand or other communication is to be given.

XV. HEADINGS:

Section Headings are not to be considered a part of this Agreement and not intended to be a full and accurate description of the contents hereof.

XVI. WAIVER:

Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver.

XVII. GOVERNING LAW; CONSENT TO PERSONAL JURISDICTION:

THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE PARISH OF ST CHARLES AND THE STATE OF LOUISIANA WITHOUT REGARD FOR CONFLICTS OF LAW PRINCIPLE. PURCHASER HEREBY EXPRESSLY CONSENTS TO THE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN THE STATE OF LOUISIANA FOR ANY LAWSUIT FILED THERE AGAINST PURCHASER BY BTI ARISING FROM OR RELATING TO THIS AGREEMENT.  

XVIII. ENTIRE UNDERSTANDING:

The Terms and Conditions constitute the entire understanding and Agreement between BTI and the Purchaser, and all prior Agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.

XIX. SERVERABILITY:

If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.    

XX. ATTORNEY FEES:

In the event that this Agreement becomes subject to litigation between BTI and the Purchaser, both parties agree that the prevailing party shall be entitled to an award of attorney’s fees, costs, and the prevailing statutory interest from the other party.

XXI. FURTHER DOCUMENT:

If any other provisions or agreements are necessary to enforce the intent of the Terms and Conditions, both parties agree to execute such provisions or agreements upon request.