Terms and Conditions
1. Acceptance: Bravo Toys accepts Buyer's order for the inflatable product(s) and/or item(s) listed on the Invoice and/or confirmation of order. Buyer agrees to the Terms and Conditions of sale set forth herein. No different or additional terms will be accepted by Bravo Toys without the written consent of an authorized representative of Bravo Toys. These terms and conditions are exclusive and instead of all other terms and conditions appearing on Buyer's purchase order or elsewhere and apply to all quotations made and orders accepted by Bravo Toys. Unless specifically stated to the contrary on the invoice and/or confirmation of Order, Bravo Toys is not responsible for typographical or clerical errors made in any quotations, orders or publications.
2. Payment: Payment shall be made on all orders as follows: Buyer must make a 40% 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 Bravo Toys as soon as possible. For orders of equipment and items in stock, payment shall accompany buyer's return of the confirmation of order. All funds for payment shall be in U.S. dollars in the form of cash, cashier's check, money order, wire transfer, or credit card. Deposits, but not final payment, may be made in the form of buyer's check, payable to Bravo Toys. Shipments will not be made C.O.D. Bravo Toys may refuse to manufacture any item (unless payment in full is first received) whenever, in the sole discretion of Bravo Toys there is doubt as to Buyer's ability to pay.
3. Shipment: Shipping dates are based on Buyer promptly furnishing to Bravo Toys, full and complete shipping information and full payment must be received prior to shipping. All goods shall be deemed delivered to Buyer at the time they are placed in the hands of any carrier and consigned to Buyer. Risk of loss, damage or destruction of any product is assumed by Buyer. Any manufacture defects must be report to seller in written within 10 days from the date of the freight is picked up from seller's warehouse. If Buyer does not specify a preferred method of shipment, Bravo Toys shall exercise sole discretion in selecting a method of shipment. All costs and expenses relating to shipment, including insurance, customs expenses, duties, taxes, etc. shall be the sole responsibility of Buyer.
6. CONTINUED PRODUCT AVAILABILITY: Bravo Toys reserves the right to discontinue the sale of any model, or to make changes in design for product improvement, without incurring any obligation to furnish or install the same on product previously furnished.
7. COPYRIGHTS: All logos, product names, trademarks, artwork, literature, photographs, and designs used for the purpose of producing Bravo Toys products are proprietary and the sole property of Bravo Toys. Any unauthorized reproduction of any of these items will constitute a copyright infringement and are punishable by law. Bravo Toys 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 Bravo Toys if making, using, or selling the goods that may result in the infringement of a patent or copyright.
8. RETURN AND CANCELLATION POLICY: There are absolutely no exchanges or refunds once final payment is received and product has been sent to Buyer except where warranty issues should arise as outlined. Order may be partly or fully canceled or changed within three (3) business days after the order is placed. If Buyer places a cancellation or change to the order after the three (3) business days period, Bravo Toys has the right to withhold initial payment(s) made by customer(s) to use as remedy for production readjustment and associated costs. Buyer agrees and fully understands that Bravo Toys is not registered to sell products in the states of PA and NJ. Buyer agrees to get all required certificate and license from local government before any use of Bravo Toys's products.
9. DELAYED DELIVERIES: Bravo Toys shall endeavor, in good faith, to fulfill Buyer’s order by the date requested by Buyer or estimated by Bravo Toys. However, Bravo Toys shall not be liable for damage or for delay in delivery arising from causes beyond its control and without its fault or negligence.
10. PRODUCT TOLERANCES: All weights, color and dimensions, in regards to products sold by Bravo Toys are stated in the literature or instruction material. These figures are approximate and within industry tolerances.
11. 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 good s purchased from Bravo Toys.
12. Indemnification: Buyer agrees to indemnify, hold harmless, and defend Bravo Toys from actions and claims of third parties, including customers of Buyers 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. Buyer’s obligation to indemnify, hold harmless, and defend Bravo Toys under this provision shall also include claims made against Bravo Toys for Bravo Toys’s own negligence, including claims of defective design or manufacturing of the goods and products sold to Buyer as well as any claim that Bravo Toys failed to properly provide warnings or instructions with the goods or products sold to Buyer. In the event Bravo Toys is required to commence an action to enforce this provision, Buyer shall pay all of Bravo Toys’s legal costs and expenses.
13. LIMITED WARRANTY: Bravo Toys provides buyer a limited repair warranty, and agrees and warrants only that the products identified to be Bravo Toys’s merchandise (Receipt will be required), 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. Inflatables and dunk tanks sold by Bravo Toys: One (1) to Two (2) year from the date of pick-up, or from the date of shipment to buyer;
b. Blower’s warranty will be provided by its manufacturer. Bravo Toys has no responsibility for blower’s warranty;
c. No warranty is provided on Zippers, Netting, Mesh, Velcro, Basketball Hoops/Nets, Gloves, Joust Poles, Joust pedestals, bungee cords, bungee vest, and Velcro suits, Tarps, Sand bags, and Storage Bags.
d. The wear covers such as entrance covers or mats and slide covers with steps are not warranted. These covers are intended to reduce wear on the inflatable and require periodic replacement.
e. Hand truck and other accessories sold by Bravo Toys: 30 days from the date of pick-up, or from the date of shipment to buyer;
A product shall not be considered defective if its color is different from Bravo Toys catalogue or website and no warranty is made relating to color. All requests from buyer for warranty work are subject to product inspection at Bravo Toys. It's buyer's responsibility to ship the products to Bravo Toys, and ship back to customer after repair. Ordinary wear and tear will not invalidate Bravo Toys limited warranty, but misuse, improper handling or storage, improper repairs, improper maintenance and care, or accidental, abusive or negligent treatment of the product will invalidate Bravo Toys warranty. Buyer must use stakes, tie-downs and ground covers (Not provided by Bravo Toys) 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 form time to time, the repair of which is the responsibility of buyers. Buyer will be responsible for the shipping costs of the repaired product shipped back to the buyer.
14. LIMITATION OF LIABILITY: Under no circumstances shall Bravo Toys be liable for any incidental, consequential, punitive, reliance, delay or special damages, losses or expenses arising from this confirmation of order or Bravo Toys's or buyer's performance or nonperformance, or any acts or omissions of Bravo Toys, or in connection with the use of, or inability to use, the goods for any purpose whatsoever.
15. Governing Law, Jurisdiction and Venue: In the event of litigation between the parties concerning the order or any products shipped to Buyer hereunder, such action shall be governed by the laws of California, U.S.A., venue shall be in City of Industry, California and the action shall be brought in the California or federal courts of appropriate jurisdiction. Buyer expressly agrees to submit to the personal jurisdiction of these courts in any action arising out of the Sales Transaction. In any action arising out of the Sales Transaction, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorneys' fees, arising there from.
