TERMS & CONDITIONS

"Seller" means Pogo Bounce House, a New York corporation.

"Buyer" means the person, company, or entity purchasing the product(s) or device(s) by this order.

"Pogo-Manufactured Products" means inflatable products, blowers, and accessories designed, manufactured, and branded by Pogo Bounce House.

"Third-Party Products" means products manufactured by other companies and resold by Pogo Bounce House, including but not limited to certain accessories, parts, and equipment.

"Commercial Use" means use of products for rental, leasing, or any revenue-generating activity.

"Residential Use" means personal, non-commercial use of products.

We accept this order for the product(s) or device(s) listed on this sales order. Buyer has read and fully understands and agrees to these terms and conditions set forth at: https://www.pogobouncehouse.com/terms-conditions/. No different or additional terms will be accepted by Seller without written consent of authorized Seller personnel. Seller is not responsible for clerical or typographical errors made on any of its documents, quotations, or literature.

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

IF BUYER IS WITHIN THE STATE OF NEW YORK, BUYER IS SUBJECT TO NEW YORK SALES TAX ON ALL PURCHASES, UNLESS "SELLER" IS SUPPLIED WITH A VALID AND COMPLETED NEW YORK STATE CERTIFICATE OF EXEMPTION (ST-120) FORM. IF BUYER CHOOSES TO PICK UP THEIR ORDER DIRECTLY FROM SELLER'S NEW YORK FACILITY, BUYER WILL BE SUBJECT TO NEW YORK SALES TAX. IF BUYER WHO CLAIMS EXEMPTION IS, IN FACT, NOT EXEMPT, WE WILL CHARGE THE CUSTOMER FOR ANY TAX THAT IS DUE.

In addition to the terms described above, payment shall be made on all Seller's products as follows:

a) Full 100% payment is due on all orders prior to shipping, unless otherwise agreed to in writing by Seller. Custom orders require a 50% partial payment in advance of starting any orders.

b) The estimated ship date for all products is 48 hours from the date the order is fully paid.

c) Payments must be received in the form of certified funds, money order, bank wire transfer, cash or credit card. Company or Personal Checks require ten (10) business days for funds to clear before shipment is released.

d) RETURNED CHECK POLICY: In the event that a check is returned and marked as non-sufficient funds (NSF), Buyer agrees to pay a $25 returned check fee to Seller and make new payment arrangements within three (3) business days of written notice. Seller reserves the right for any legal remedies, if necessary.

a) THE SHIP DATE IS APPROXIMATELY 48 HOURS AFTER SELLER RECEIVES FULL PAYMENT. IT IS NOT A PROMISE DATE.

b) "Seller" utilizes the services of several common carriers to handle the delivery of their products.

c) All orders over $50 require a signature.

d) Please track your shipment and make arrangements to be available to sign for your delivery.

e) Orders coming via freight will be called by the driver before delivery. Orders coming via Fed Ex will have the option to have an item sent to the Fed Ex facility to be held there or you may be able to leave signed note for the driver to deliver even if you are not home. If you have a Fed Ex tracking number, and your order is over $50, please view this video by Fed Ex for your delivery options: http://videocenter.van.fedex.com/learn/signature-required

f) We can ship accessories and parts to virtually any address in the world. Note that there are restrictions on some products, and some products cannot be shipped to international destinations. Inflatables that ship via freight primarily ship to the lower 48 United States.

g) When you place an order, we will estimate shipping and delivery dates for you based on the availability of your items and the shipping options you choose. Depending on the shipping provider you choose, shipping date estimates may appear on the shipping quotes page.

h) All inflatables ship at a flat rate to your business address with a loading dock or forklift. There will be no additional shipping charges unless you choose to add on residential lift gate service for an additional $125.

i) DAMAGES CAUSED BY SHIPPER ARE NOT THE RESPONSIBILITY OF SELLER. Freight carriers' policies for handling of damaged goods during shipping must be followed to assure that claims are handled properly in the event that Seller must collect back damaged shipment to repair. This will assure that Seller is reimbursed for any expensed incurred in the repair of damaged goods. IN ADDITION, BUYER IS RESPONSIBLE FOR INSPECTING THE SHIPMENT FOR DAMAGE AND OR ANY LOSS IMMEDIATELY UPON RECEIVING SHIPMENT, AND MUST NOTIFY SELLER AND PROVIDE ANY NEEDED DOCUMENTATION (INCLUDING PHOTOGRAPHS) TO SELLER WITHIN 24 HOURS OF RECEIVING SHIPMENT.

j) FREE SHIPPING APPLIES ONLY TO GROUND SHIPPING WITHIN THE CONTINENTAL UNITED STATES FOR ORDER TOTALING MORE THAN $39.99. IF YOUR ORDER IS $39.99 OR LESS OR IS SHIPPING OUTSIDE THE CONTINENTAL UNITED STATES, OR YOU REQUIRE EXPRESS SERVICES, YOU WILL HAVE THE OPTION OF CHOOSING FEDEX OR USPS.

k) FORCE MAJEURE: Seller shall not be liable for damage or delay in delivery arising from causes beyond its control and without its fault or negligence including, but not limited to, acts of God, acts of government, pandemics, epidemics, quarantine restrictions, fires, floods, strikes, freight embargoes, severe weather, destruction or damage to goods or manufacturing facilities, shortage of raw materials, or acts of public enemy. If delay is caused by default of a subcontractor and such delay arises from causes beyond control of both Seller and subcontractor, Seller shall not be liable to Buyer for damages.

POGO-MANUFACTURED PRODUCTS:
Seller offers a 1-YEAR LIMITED WARRANTY on all Pogo-Manufactured inflatable products sold by Seller in the following product categories: Bounce Houses, Water Slides, Combo Units, and Obstacle Courses.

Seller offers a 1-YEAR LIMITED WARRANTY on all Pogo-Manufactured inflatable products in the following categories: Interactive Games, Inflatable Blowers, and Floor Dryers.

Seller offers a 30-DAY LIMITED WARRANTY on all Pogo-Manufactured Inflatable Accessories.

THIRD-PARTY PRODUCTS:
Third-Party Products are covered by the warranty, if any, provided by the original manufacturer of such products. Any claims of defect must be directed to the original manufacturer directly for repair or replacement. Seller will provide manufacturer contact information upon request.

WARRANTY COVERAGE:
Seller further warrants that Pogo-Manufactured products supplied to you are free from:

a) Defects in the materials and the workmanship.

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).

The warranty shall apply to your Pogo-Manufactured products, equipment and parts manufactured by Seller.

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 PRODUCT WITHIN THE APPLICABLE WARRANTY PERIOD DESCRIBED ABOVE, AND SELLER OR ORIGINAL MANUFACTURER MUST BE INFORMED DURING THE APPLICABLE WARRANTY PERIOD.

The extent of Seller's liability under this warranty is to defects in material or workmanship and Buyer's sole remedy is limited to replacement of the defective material. Damages for 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 Pogo-Manufactured product, which is defective in any of such respects with the exception of color fading.

Seller is not responsible for any lost revenue as a result of a warranty claim by buyer.

WARRANTY EXCLUSIONS:
d) WEAR AND TEAR DUE TO NORMAL USE OR OVERUSE IS NOT COVERED BY THIS WARRANTY. If it appears during repair inspection that the product is damaged due to overloading or misuse by its patrons, the affected areas will not be covered under our normal warranty.

e) WEAR ITEMS NOT COVERED: The following items are considered wear items and are NOT covered beyond their specified warranty periods: entrance covers, mats, slide covers, steps, zippers, hook and loop fasteners (Velcro), netting, mesh, D-rings, and heat-welded vinyl strips.

f) LOANER PRODUCTS: SELLER IS NOT RESPONSIBLE TO REPLACE ANY PRODUCT AS A "LOANER" PRODUCT DURING A REPAIR OF A WARRANTED PRODUCT. If a "LOANER" product should be available during the repair, at Seller's discretion, Buyer will be responsible for all round trip shipping charges and any damages caused to the inflatable supplied.

g) Seller shall make all such repairs, replacements and corrections with care.

h) This warranty shall become void if product is packed wet or repaired by any other repair agency not approved by Seller.

i) A product shall not be considered defective if it is a different color than shown in the Seller catalog or website and no warranty is made relating to zippers, color, hook and loop fastener, digital printing or any airbrushing done on any product. Airbrushing and painting may chip or peel due to the type of vinyl paint manufacturers are required to use to comply to EPA (Environmental Protection Agency) regulations. PAINT USED ON AN INFLATABLE IS A WATER BASED SUBSTANCE THAT MAY NOT TOTALLY ADHERE TO ALL VINYL SURFACES WHEN APPLIED.

WEATHER AND ENVIRONMENTAL CONDITIONS: Damage resulting from environmental factors, including but not limited to high winds, severe storms, lightning, flooding, or other Acts of God, is strictly excluded from all warranty coverage. Seller shall not be liable for any product failure, damage, or loss of value occurring after the order has been delivered to the carrier and risk of loss has passed to the Buyer. It is the Buyer's sole responsibility to monitor weather conditions and take necessary precautions, such as proper anchoring, securing, or storing the equipment, to prevent damage during inclement weather. No refunds, credits, or replacements will be issued for products damaged due to weather-related events.

SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED; AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH EXCEED THE AFOREMENTIONED OBLIGATION ARE THEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS AGREEMENT.

In no event shall Seller be responsible for damages including, but not limited to, consequential damages, liquidated damages or lost profits of any nature whatsoever. Buyer's damages, as against Seller, are limited to whatever amount Buyer actually paid to Seller per this order.

Seller shall be responsible, at its discretion, for round trip ground freight to and from Seller's facility for the first 90 days after the date of delivery using a Seller approved freight carrier within the 48 contiguous states and not to exceed a maximum of $600.00 USD. Warranty claims made after the initial 90 day period requires Buyer to pay the cost for inbound shipping charges to Seller's facility and Seller will pay the return shipping cost to Buyer.

IT IS IMPORTANT TO CHECK ALL ORDERS IMMEDIATELY WHEN RECEIVED! All returned shipments must be pre-approved by Seller and a return authorization (RA) number issued; if not, Buyer will be responsible for any freight charges incurred.

Seller will handle all claims for warranty repairs in the following manner:

a) A RETURN AUTHORIZATION (RA) NUMBER WILL BE ISSUED TO THE BUYER FOR ANY REPAIR, INCLUDING WARRANTY CLAIMS.

b) Products received by Seller will be examined by repair staff and an estimate for necessary and recommended repairs will be sent to Buyer for approval in the form of a fax or email.

c) Once approved by Buyer, repairs will be scheduled and completed. Repair orders must be paid for in full following Seller's normal payment terms before shipping back to Buyer.

Seller, at its discretion, may allow outside repair services to perform warranty repairs for Pogo-Manufactured products, if all repair criteria is met to the satisfaction of Seller authorized supervisors. The following procedures MUST be adhered to in order for a potential warranty repair from an outside repair service to be authorized by Seller:

a) Buyer must advise Seller of the product needing repair.

b) A RA Number will be issued to Buyer acknowledging the repair.

c) A photo or photos of the inflatable with the area that is being claimed is emailed to Seller authorized representative. This photo must include a scale reference and location on the inflatable where damaged areas are located.

d) Seller will make an initial determination of the repair being a valid warranty claim.

e) Repair center recommended by Buyer will be contacted by Seller supervisor to determine capability of repair center to handle the repair. Note: Not every recommended repair center will be accepted by Seller for repairs of Pogo-Manufactured products.

f) If repair center is accepted by Seller, the inflatable will be sent to this center, at Buyer's expense, for inspection by repair center.

g) A written estimate detailing the repair and potential causes for the damage will be sent to Seller to review.

h) If repairs are accepted as warranty related, Seller will issue a Purchase Order (PO) to the repair center for the repair.

i) Seller will NOT pay for any rush charges for repairs of any warranty related items. Scheduling of repairs by outside repairs centers will be handled by Buyer.

j) Seller will ONLY pay for repairs linked to a valid warranty situation of the product. Any additional repairs not covered by warranty will be the responsibility of Buyer.

k) The areas repaired by any outside authorized repair company will be void of any further warranty of Seller. Those repaired areas will be the ongoing responsibility of the repair center handling the repair.

Buyer shall inspect the product(s) promptly after receipt and shall notify Seller in writing of any claims, including claims of breach of warranty, within SEVEN (7) DAYS (PREVIOUSLY 25 DAYS) after Buyer discovers or should have discovered the facts upon which the claim is based.

NOTE: Damage caused by shipping company is not included in this claim to Seller and must be reported within 24 hours per Section 4(i).

Failure of Buyer 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 Buyer without defect(s).

FOR COMMERCIAL USE BUYERS: Buyer agrees to obtain and maintain, at Buyer's expense, comprehensive general liability insurance with coverage limits of no less than ONE MILLION DOLLARS ($1,000,000) per occurrence and TWO MILLION DOLLARS ($2,000,000) aggregate in connection with Buyer's use, rental, or leasing of any products purchased from Seller.

Buyer shall provide proof of insurance to Seller upon request. This insurance requirement applies to all buyers who use products for rental, leasing, or any commercial revenue-generating activity.

FOR RESIDENTIAL USE BUYERS: While not required, Seller strongly recommends that residential buyers maintain appropriate homeowner's or renter's insurance that covers inflatable equipment.

SELLER 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, OPERATED OR MAINTAINED.

All dimensions and weights stated in the catalogues or instruction material pertaining to products sold by Seller are approximate and within industry tolerances. Seller, at its discretion, may substitute standard colors for similar colors if deemed necessary to complete an order on time. Seller is not responsible for color matching of products based on photographs or computer generated illustrations. Suppliers of vinyl materials used in Seller manufactured products cannot guarantee that each roll or batch of a listed color will be exactly consistent; therefore Seller cannot guarantee exact color consistency. Seller, at its discretion, may change or alter a design for any Seller manufactured product, without notice to Buyer, if there is discovered to be an issue of safety or structural integrity.

NEW SECTION - Protections for intellectual property and custom artwork

SELLER'S INTELLECTUAL PROPERTY:
All logos, product names, trademarks, artwork, literature, photographs and designs used for the purpose of selling Seller products, including Pogo-Manufactured products, are proprietary, and Seller has the sole rights and license for use of these items. Any unauthorized reproduction of any of these items constitutes a copyright infringement and is punishable by law.

BUYER-SUPPLIED ARTWORK AND CUSTOM DESIGNS:
a) OWNERSHIP WARRANTY: Buyer warrants and represents that any artwork, logos, designs, images, or other intellectual property provided to Seller for use on custom products ("Buyer-Supplied Content") is either:

Owned by Buyer with full rights to reproduce, or
Licensed to Buyer with proper authorization for commercial reproduction
b) LICENSED CHARACTERS AND TRADEMARKS: Buyer acknowledges that use of licensed characters (including but not limited to Disney, Marvel, DC Comics, Nickelodeon, sports team logos, or any other trademarked or copyrighted characters) requires proper licensing from the rights holder. Buyer warrants that they have obtained all necessary licenses and permissions for any such content.

c) SELLER'S RIGHT TO REFUSE: Seller reserves the right to refuse any order containing Buyer-Supplied Content that Seller reasonably believes may infringe upon third-party intellectual property rights, violate licensing agreements, or expose Seller to legal liability.

d) INDEMNIFICATION: Buyer agrees to indemnify, defend, and hold harmless Seller from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or related to:

Buyer's use of Buyer-Supplied Content
Any claim that Buyer-Supplied Content infringes upon third-party intellectual property rights
Buyer's unauthorized use of licensed characters or trademarks
Any violation of licensing agreements related to Buyer-Supplied Content
e) THIRD-PARTY INFRINGEMENT CLAIMS: Seller makes no warranty that the goods will be delivered free of rightful claim of any third party by way of infringement or the like. Buyer shall notify Seller if making, using, or selling the goods may result in the infringement of a patent, copyright, or trademark.

Prices are subject to adjustment if Buyer requests changes in specifications, quantities, or delivery requirements. All paragraphs of these terms and conditions shall apply to the goods to which such changes apply, and no modification of the terms and conditions hereof shall be binding on Seller unless contained in writing signed by authorized Seller personnel and expressly stating both that such terms are being modified and the nature of such modification. This order cannot be changed from date of order without acceptance by Seller. Any changes requested are subject to re-quotation of the final cost of the item purchased.

Buyer may cancel this order, in whole or in part, upon written notice to Seller within (2) business days from date of order OR prior to shipping, whichever is sooner. Buyer may be liable for the payment of any cancellation charges resulting from cancellation incurred by Seller, including but not limited to applicable credit card fees.

Orders canceled after two (2) business days may be subject to, at Seller's discretion, forfeiture of any deposit placed by Buyer to start order if: production has started; materials have been ordered; or product has been reserved causing Seller a loss of potential business.

For any item purchased from Seller, Buyer has 30-DAYS from the date of receiving item to contact Seller for a refund and return authorization. A re-stocking fee of twenty-five percent (25%) of the price of the item(s) returned will be paid by Buyer. Buyer 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 by Buyer.

SELLER WILL NOT ACCEPT RETURNS FOR ANY CUSTOM MANUFACTURED PRODUCTS. This includes products with custom artwork, Buyer-supplied designs, custom colors not standard on the product, or any personalization including but not limited to name tags, logos, or custom graphics.

In the event of litigation or any dispute between the parties concerning the order or any product(s) shipped to Buyer hereunder, such action or dispute shall be governed by the laws of the State of New York, U.S.A. Venue shall be in Erie County, New York, and the action shall be brought in the New York State or Federal courts and Buyer consents to the jurisdiction of the New York State and Federal Courts.

Buyer is solely responsible for the manner of use of the products and other equipment purchased from Seller. 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 it has received, read and fully understands all necessary instructions for the safe setup and operation of Seller's product or device. Buyer agrees to operate Seller's product or device according to the instructions established by Seller or manufacturer. Buyer agrees to operate their product or device according to all state and local requirements. Buyer agrees to train any person(s) operating the product or device in the safe operation of the product or device including safe handling of emergency situations. Buyer shall use proper stakes, tie-downs, ground covers, and other applicable devices necessary to ensure the safety of users and the general public.

INDEMNIFICATION: Buyer agrees to indemnify, hold harmless, and defend Seller 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, penalties, and reasonable attorney's fees, that Seller shall incur or suffer, which arise, result from, or relate to:

a) 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

b) Any injury to persons or property caused by or on account of such goods and products

c) Buyer's violation of any terms and conditions set forth in this agreement

d) Buyer's violation of any applicable laws, regulations, or industry standards

In the event Seller is required to commence action to enforce this provision, Buyer shall pay all of Seller's legal costs and expenses, including reasonable attorney's fees.

If any provision of these Terms and Conditions is found to be unenforceable, illegal, or unconscionable by a court of competent jurisdiction, the remaining terms and conditions shall remain in full force and effect.

These Terms and Conditions constitute the entire agreement between Buyer and Seller and supersede any and all prior agreements, understandings, or representations, whether oral or written. No modification of these Terms and Conditions shall be binding unless in writing and signed by authorized personnel of Seller.

By placing an order with Pogo Bounce House, Buyer acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions in their entirety.

Pogo Bounce House
Email: sales@pogobouncehouse.com
Phone: (716) 566-5806