We are a custom inflatable and mechanical ride company. Many items are custom made. A 50% deposit is due to start a project, the balance due upon completion prior to shipping either by Master Card, Visa or Wire Transfer or Certified Funds only. All equipment is custom ordered and can take a considerable amount of time to manufacture. It is understood that we do not offer refunds on items due to manufacturing times. We can not promise a specific delivery date since there are too many variables. If the balance due on an item is not paid within three months of the equipment being ready for shipping you authorize ACTION RIDES, INC. to put the balance including shipping on the above credit card. If payment is not made within 4 months of the product being ready there will be a 10% of the total invoice charged for holding the equipment in our warehouse. If the equipment is not claimed within 9 months the deposit will be forfeited and the equipment will be sold at the balance to cover the loss or end up back in inventory and there will be no refund of the deposit.
ACTION RIDES, INC. is not responsible for freight charges on any warranted item. All units must be shipped freight pre-paid and will be shipped back freight collect. We cannot be held responsible for equipment delays caused by circumstances out of our control, such as Acts of God, Strikes, Wars or the delay on the part of any carrier be it Airline, Truck line or UPS, etc. Sometimes there are unforeseen delays in production. We cannot be held responsible for freight charges if a unit leaves later than expected. Please know that we will work diligently though to make sure that your order arrives on time. Equipment not functioning properly will be repaired by ACTION RIDES, INC.. Sorry there are no refunds offered but we will repair or replace the equipment if it is due to manufacturing issues.
Most items are manufactured in China and shipping is either from China direct to you or from the New Jersey USA location. Shipping is not included on any orders unless stated in the contract and signed by both parties. Shipping price is determined when the product is finished and ready for shipping.
1. ACCEPTANCE: WE ACCEPT AND CONFIRM YOUR PURCHASE ORDER FOR THE ITEMS, GOODS AND PRODUCTS DESCRIBED HEREIN. YOU AGREE TO THE TERMS AND CONDITIONS OF SALE SET FORTH ON THE FACE AND REVERSE SIDES HEREOF.
NO DIFFERENT OR ADDITIONAL TERMS ARE ACCEPTABLE BY ACTION RIDES, INC. UNLESS AGREED ON IN WRITING AND SIGNED BY ACTION RIDES, INC. 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 ACTION RIDES, INC.UNLESS SPECIFICALLY STATED TO THE CONTRARY ON THE FACE OF THIS CONFIRMATION OF ORDER. ACTION RIDES, INC.IS NOT RESPONSIBLE FOR TYPOGRAPHICAL OR CLERICAL ERRORS MADE IN ANY QUOTATIONS, ORDERS OR PUBLICATIONS.
2. Payment: Payment shall be made as follows: Buyer must make a 50% 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 ACTION RIDES, INC. on the reverse side hereof or as soon as possible. For orders of equipment and items in stock, payment shall accompany Buyers return of this confirmation of Order. All funds for payment shall be in U.S. dollars in the form of 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 ACTION RIDES, INC.. Shipments will not be made C.O.D. ACTION RIDES, INC. may refuse to manufacture any item unless payment in full is first received whenever, in the sole discretion of ACTION RIDES, INC., there is doubt as to Buyer’s ability to pay.
3. Shipment: The goods shall be shipped F.O.B. carrier ACTION RIDES, INC. factory, Toms River, NJ. All risk of loss passes to Buyer when ACTION RIDES, INC. delivers the order, or any portion thereof, to the carrier. If Buyer does not specify a preferred method of shipment, ACTION RIDES, INC. shall exercise sole discretion in selecting a method of shipment. ACTION RIDES, INC. uses the services of major common carriers and delivery services and, for foreign orders, freight forwarders. All costs and expenses relating to shipment, including insurance, customs expenses, duties, taxes, etc. shall be the sole responsibility of Buyer. ACTION RIDES, INC. generally will ship freight collect, unless Buyer requests other arrangements and prepays ACTION RIDES, INC. for all shipping expenses. Shipments will be insured at Buyer’s expense unless otherwise specified, and ACTION RIDES, INC. assumes no responsibility for placing of valuation upon a shipment unless requested to do so by Buyer. Partial shipments of any order from Buyer may be made by ACTION RIDES, INC.in order to facilitate the earliest possible delivery of the item ordered; provided, however, that partial shipment shall not be made unless ACTION RIDES, INC. has been paid in full for the entire order.
4. Delivery: The promised delivery date is the best estimate possible based on current and anticipated factory loads, of when the order will be shipped. ACTION RIDES, INC. shall not be liable for damage or for delay in delivery arising from causes beyond its control and without its fault or negligence including, but not limited to, Acts of God, public enemy, acts of government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather. If the delay is caused by the delay or default of a subcontractor of ACTION RIDES, INC. and if such delay arises from causes beyond the control of both ACTION RIDES, INC. and the subcontractor, ACTION RIDES, INC. shall not be liable to buyer in damages.
5. Inspection: Buyer shall inspect the product(s) promptly after receipt and shall notify ACTION RIDES, INC.in writing of any claims, including claims of breach of warranty, within fifteen (15) days after Buyer discovers or should have discovered the facts upon which the claim is based. 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).
6. DISCLAIMER: THE PROVISIONS OF PARAGRAPH 5 ARE ACTION RIDES, INC.SOLE OBLIGATION AND ACTION RIDES, INC.EXCLUDES ALL OTHER REMEDIES OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM THE COURSE OF DEALING OR USAGE AND CUSTOMS OF THE TRADE. WHETHER OR NOT PURPOSES OR SPECIFICATIONS ARE DESCRIBED HEREIN. ACTION RIDES, INC.FURTHER 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.
7. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL ACTION RIDES, INC.BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, DELAY OR SPECIAL DAMAGES, LOSSES OR EXPENSES ARISING FROM THIS CONFIRMATION OF ORDER OR ACTION RIDES, INC.OR BUYER’S PERFORMANCE OR NONPERFORMANCE, OR ANY ACTS OR OMISSIONS OF ACTION RIDES, INC. , OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE GOODS FOR ANY PURPOSE WHATSOEVER. IN ANY AND ALL EVENTS, IN THE EVENT ACTION RIDES, INC.IS FOUND LIABLE FOR DAMAGES NOTWITHSTANDING THE LIMITATIONS AND EXCLUSIONS OF PARAGRAPHS 7 AND 8, ACTION RIDES, INC.SHALL NOT BE RESPONSIBLE FOR DAMAGES TO ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO BUYER AND BUYER’S CUSTOMERS, FOR AN AMOUNT EXCEEDING THE AMOUNT PAID BY BUYER FOR THE PRODUCTS ORDERED AND CONFIRMED BY THIS CONFIRMATION ORDER.
8. Tolerances: All dimensions stated in the catalogues or elsewhere pertaining to products sold by ACTION RIDES, INC. are approximate and within industry tolerances.
9. Patents: ACTION RIDES, INC. 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 ACTION RIDES, INC. if making, using, or selling the goods will constitute infringement of a patent. If ACTION RIDES, INC. determines, in its sole discretion, that making, using, or selling the goods would result in the infringement of any patent, ACTION RIDES, INC. reserves the right to cease manufacturing the product, without liability to Buyer.
10. 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 goods to which such changes apply, and no modification of the terms and conditions hereof shall be binding on ACTION RIDES, INC. unless contained in writing signed by ACTION RIDES, INC. and expressly stating both that such terms are being modified and the nature of such modification. An order cannot be changed within the two (2) week prior to the intended shipment date unless ACTION RIDES, INC. and Buyer mutually agree to an appropriate change order fee and appropriate new shipment date, if applicable.
11. Cancellation of custom or modified Products: Buyer may cancel this order, in whole or in part, upon both written notice to ACTION RIDES, INC. and payment of cancellation charges, which 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 ACTION RIDES, INC. that is properly allocable 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 ACTION RIDES, INC. would have 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 ACTION RIDES, INC.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. It is understood and accepted that custom goods are being made one at a time for the customer and are coming from China and can take 8 months for normal delivery which is normal for inflatable and mechanical rides and games.
12. Returns Policy: For any item purchased from ACTION RIDES, INC. and 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 Buyer.
13. Taxes: All charges are subject to the federal, state and local taxes, if any, pertinent at the point of delivery. Buyer shall pay such taxes imposed on this order, and all penalties and interest, if any, accrued therewith.
14. Interpretation: The rights and liabilities arising out of this contract with ACTION RIDES, INC. shall be determined under the Uniform Commercial Code as enacted in New Jersey, without application of choice of law rules or the United Nations Convention on Contracts for the Sale of Goods (as to foreign shipments).
15. Effect of Breach on Risk of Loss: Breach of this contract by ACTION RIDES, INC. shall have no effect on the provisions controlling the risk of loss of the goods, and Sections 2-510 (1) and 2-510 (2) of the uniform Commercial Code shall have no effect on this Confirmation of Order.
16. Indemnification: Buyer agrees to indemnify, hold harmless and defend ACTION RIDES, INC. 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. In the event ACTION RIDES, INC.is required to commence an action to enforce this provision, Buyer shall pay all of ACTION RIDES, INC. legal costs and expenses.
17. Integration: There are no representations, warranties or conditions, express or implied, statutory or otherwise except those herein contained, and no agreements or waivers collateral hereto shall be binding on either party unless in writing and signed by buyer and accepted by ACTION RIDES, INC. This Confirmation of Order contains all of the promises, warranties, terms and conditions of the agreement between the parties and supersedes any and all oral or implied promises, undertakings and prior agreements.
18. 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 New Jersey, U.S.A., venue shall be in Toms River, New Jersey and the action shall be brought in the New Jersey or federal courts of appropriate jurisdiction.