Playsystem Footnotes: Bid does not include flooring. KidSteam recommends flooring per ASTM guidelines and can provide to the customer supplier information from companies with approved products. Lack of proper flooring is the leading cause of injuries for children in play areas and KidSteam recommends that the customer install appropriate flooring. Installation proposal assumes ease of entry to space, adequate work area and access to work area that is uninterrupted during typical work day.
1. ACCEPTANCE: Acceptance: We accept and confirm your order for the items, goods and products described on the cover page of this confirmation of order. You agree to the terms and conditions of sale set forth on the cover page and as set forth herein below. No different additional terms are acceptable by Certified Value Inc. Unless agreed on in writing and signed by Certified Value, Inc. These terms and conditions are exclusive and in lieu of all other terms and conditions appearing on buyer's order or elsewhere and apply to all quotations made and orders accepted by Certified Value, Inc. Unless specifically stated to the contrary on the face of this confirmation of order. Certified Value, Inc is not responsible for typographical or clerical errors made in any quotations, orders or Certified Value, Inc. publications.
2. Payment: Payment shall be made as follows: To begin production on an order, Buyer must place a standard 50% deposit for all orders. The balance is due as soon as possible and prior to the estimated date of shipping the item, which date will beprovided to Buyer by Certified Value Inc. on the invoice / confirmation of order. For orders of equipment and items which are in stock, both payment in full and invoice signed by customer is required before the item will be shipped. All funds for payment shall be in U.S. dollars in the form of cashiers check, bank check, moneyorder, bank wire transfer, personal check, or credit card (Visa, Mastercard, Discover). If payment is made in the form of personal check, bank check, or cashiers check, such payment will be allowed by Certified Value Inc.to clear prior to shipment of any goods, for a period which will not normally exceed 10 business days. Payment in the form of personal check, bank check, cashiers check, or money order shall be made payable Certified Value Inc. Shipments will not be made C.O.D. Certified Value Inc. reserves the right to refuse to initiate the manufacture of any item unless payment in full is first received whenever, in the sole discretion of Certified Value Inc., there is doubt as to Buyers ability to pay.
3. Shipment: The goods shall be shipped F.O.B. carrier manufacturer’s factory, or from their designated distribution waypoint. All risk of loss passes to Buyer when the order, or any portion thereof, is delivered to the carrier. If Buyer does not specify a preferred method of shipment, Certified Value Inc. shall exercise sole discretion in selecting a method of shipment. Certified Value Inc. uses the 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. Certified Value Inc. generally will ship freight collect, unless Buyer requests other arrangements and prepays Certified Value Inc. for all shipping expenses. Certified Value Inc. assumes no responsibility for placing of valuation upon shipment unless requested to do so by Buyer. Partial shipments of any order from Buyer may be made by Certified Value Inc. in order to facilitate the earliest possible delivery of the item ordered; provided, however, that partial shipment shall not be made unless Certified Value Inc. has been paid in full for the entire order.
4. Delivery: The projected shipping or delivery date is Certified Value Inc. reasonable estimate, based on current and anticipated factory loads, of when the order will be shipped. Under NO circumstances is this a guaranteed shipping date. Certified Value Inc. shall not be liable for damage or for delay in delivery arising from heavier than anticipated factory loads, or slower than anticipated manufacturing process times, or causes beyond its control and without its fault or negligence including, but not limited to the event of fire, flood, earthquake, strikes or lockouts, war or civil disturbance, US Customs Delays, acts of God or similar causes beyond the reasonable control of the performing party prevents or delays performance or delays caused by default or delay of the subcontractor.
5. Limited Warranty: Any limited warranty which is provided to Buyer by the manufacturer of the item will have a term which is clearly outlined in the product description next to the product on a Certified Value Inc. website or in Certified Value Inc. printed materials. If, in the product description for an item on the website or in printed materials, there is no warranty information listed for that product, there are no warranties for that product, express, implied, or otherwise. Any limited warranty, where in effect, warrants only that the product will be fit for its intended purpose, merchantable, and without material defect in workmanship and materials for the period outlined for that specific product from the date of purchase only. Any limited warranty for any equipment not manufactured by Certified Value Inc. will not carry a Certified Value Inc. warranty of any kind, but Certified Value Inc., will to the extent that it can legally and contractually do so, assign to Buyer, at Buyers request, all warranties on such Other Equipment, if any, offered by the manufacturer or supplier of such Other Equipment. A product shall not be considered defective if it is a different color than that shown in Certified Value Inc. publications or websites, and no warranty is made relating to color. All requests from Buyer for warranty work and replacements are subject to product inspection at a facility designated by Certified Value Inc. Buyer must ship the product(s) to the address or facility designated by Certified Value Inc. at Buyers expense. Ordinary wear and tear will not invalidate any products 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 any limited warranty which the product may carry. Buyer must use stakes, tie-downs and ground covers 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 repair of which is the responsibility of Buyer. If a returned product is evaluated and found defective from a warranty standpoint, and the warranty for such product is in force, Certified Value Inc. will bear the cost of the repair of this item. Return shipping costs are the responsibility of the Buyer. No statement, remark, or representation of any employee or agent of Certified Value Inc. may vary these limited warranty policies unless in writing and signed by the Managing Director of Certified Value Inc.
6. Inspection & Initial Use: Buyer agrees that under NO circumstances shall buyer book or schedule rentals or any other business activity which will involve, use, or depend upon purchased but undelivered goods until such time as Buyer has physically received, inspected, tested and approved of such purchased goods. Buyer shall inspect the product(s) promptly upon receipt and shall notify Certified Value Inc. in writing of any claims, including claims of breech of warranty, within 48 Hours after product is received by or delivered to Buyer. Under NO circumstances shall buyer commence in the rental or use of a product for which customer wishes to submit a written claim upon initial inspection. If Buyer does use or rent out said purchased goods, this will constitute a waiver by customer of any right to submit any type of claim against said goods. Failure of Buyer to follow and adhere to the provisions set forth in this paragraph 6 will 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).
7. DISCLAIMER: THE PROVISIONS OF PARAGRAPH 5 OUTLINE CERTIFIED VALUE INC SOLE OBLIGATION AND CERTIFIED VALUE INC. EXCLUDES ALL OTHER REMEDIES OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDINGWARRANTIES 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 SAID PURPOSES OR SPECIFICATIONS ARE DESCRIBED HEREIN. CERTIFIED VALUE 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, INCLUDING 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.
8. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL CERTIFIED VALUE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, DELAY OR SPECIAL DAMAGES, LOSSES OR EXPENSES ARISING FROM THIS CONFIRMATION OF ORDER OR CERTIFIED VALUE INC. BUYERS PERFORMANCES OR NONPERFORMANCE, ORANY ACTS OR OMISSIONS OF CERTIFIED VALUE INC., OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE GOODS FOR ANY PURPOSE WHATSOEVER. IN ANY AND ALL EVENTS, IF CERTIFIED VALUE INC. IS FOUND LIABLE FOR DAMAGES, NOTWITHSTANDING THE LIMITATIONS AND EXCLUSIONS OF PARAGRAPHS 7 AND 8, CERTIFIED VALUE INC. SHALL NOT BE RESPONSIBLE FOR DAMAGES TO ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO BUYER AND BUYERS CUSTOMERS, FOR AN AMOUNT EXCEEDING THE AMOUNT PAID BY BUYER FOR THE PRODUCTS ORDERED AND CONFIRMED BY THIS CONFIRMATION ORDER. BUYER AGREES TO CARRY GENERAL LIABILITY INSURANCE WITH COVERAGE LIMITS OF NO LESS THAN $2,000,000 IN CONNECTION WITH BUYER’S USE OF ANY GOODS PURCHASED FROM CERTIFIED VALUE INC.
9. Tolerance: All dimensions, weights, and any other product specifications stated on the Kidsteam website, or in any catalogue, or other printed document, or elsewhere pertaining to products sold by Certified Value Inc. are approximate estimates and within industry tolerances, and are not held out to be exact measurements, dimensions, weights or specs.
10. Patents: Certified Value 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. If Certified Value Inc. determines, in its sole discretion, that making, using, or selling the goods would result in the infringement of any patent, Certified Value Inc. reserves the right to cease offering and/or shipping the product, without liability to Buyer.
11. Modifications: Prices are subject to adjustment if Buyer requests changes in specifications, quantities, or delivery requirements. All paragraphs of the Order Confirmation shall apply to the goods to which such changes apply, and no modification of the terms and conditions hereof shall be binding on Manufacturer and/or Broker/Seller unless signed in a writing stating that such terms are being modified and the nature of such modification. This order cannot be changed within the thirty (30) day period prior to the projected shipment date unless Broker/Seller and Buyer mutually agree to an appropriate change order fee and an appropriate new shipment date, if applicable.
12. Cancellation: Buyer may cancel this order without additional cancellation fees in whole or in part, only upon written notice to Certified Value Inc. and only within the same day that the order was placed, provided some or all of the goods have not already been shipped. Unless cancelled within the same day the order was placed, Buyer shall be liable for the 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 Certified Value 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 Certified Value Inc. would have made from full performance by Certified Value Inc., plus (4) the costs of engineering, prototypes, testing, tooling, and similar items produced for Buyer, plus (5) the reasonable costs incurred by Certified Value Inc. in making settlement and effecting collection hereunder. In no event will the fee for Buyers ultimate cancellation of an order be less than ten percent (10%) of the total order, but no such cancellation fee will be imposed if Buyer complies with the first sentence of this Paragraph 12.
13. Returns Policy: Certified Value Inc. does not accept returns. Items purchased are not returnable other than for warranty repairs. Warranty repairs must be done at a specified Certified Value Inc. location. The return for warranty repairs can only be done with an accompanying RMA number and the signed warranty repair form. If the customer returns without the appropriate RMA number they will be charged the standard daily rental rate specified in SECTION 21 of the terms and conditions.
14. 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.
15. Interpretation: The rights and liabilities arising out of this contract with Certified Value Inc. shall be determined under the Uniform Commercial Code as enacted in the state in which Certified Value Inc. headquarters are located without application of choice of law rules or the United Nations Convention on Contracts for the Sale of goods (as to foreign shipments).
16. Effect of Breach on Risk of Loss: Breach of this contract by Certified Value Inc. shall have no effect on the provisions controlling the risk of loss of the goods.
17. Use and Indemnification: Buyer(person, company or entity purchasing the product or device), is solely responsible for the manner of use of the products and other equipment purchased from Certified Value Inc. Buyer is solely responsible for all fencing, signage, labels, and warnings to consumers or other users of the products and equipment, and or 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 received, read and fully understand all necessary instructions for the safe setup and operation of their product or device. Buyer agrees to operate their product or device according to the instructions established in the owners manual or listed on the Certified Value Inc website. Buyer agrees to operate their product or device according to all of their 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 stakes, tie-downs, and other applicable devices (fencing, track leveling) necessary to ensure the safety of the users and the general public. Buyer should operate according to applicable ASTM safety requirements and state and local laws. Buyer agrees to indemnify, hold harmless and defend Certified Value Inc. and Certified Value Inc. insurers and suppliers from actions and claims of third parties, including customers of Buyer 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 or resulting from the breach of the provisions in this Confirmation of Order by Buyer. In the event Certified Value Inc. is required to commence an action to enforce this provision, Buyer shall pay all of Certified Value Inc. legal costs and expenses.
18. 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 Certified Value 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. These terms and conditions may from time to time be updated without notice to the public, or to buyers. Updated versions will be posted on the Certified Value Inc. website and will supercede all prior versions and will govern all previous purchases / sales.
19. Governing Law, Jurisdiction and Venue: In the event of litigation between the parties concerning the order or any product shipped to Buyer hereunder, the laws governing the state in which Certified Value Inc. headquarters are located shall govern such action. Venue shall be in or near the city and state where Certified Value Inc. headquarters are located, and the action shall be brought in the State or Federal courts of appropriate jurisdiction based on the location of Certified Value Inc Headquarters.
20) TRADEMARKS AND COPYRIGHTS: Trademarks, logos, product names, literature, artwork, designs, and photographs are solely used for the purpose of creating products and are exclusively owned and part of Certified Value Inc. Any Illegal use of any of these items legislate a copyright infringement and is punishable by law.
21) RENTAL AGREEMENTS: The following daily late rental fees shall apply to the following product lines. Kid Steam Kid-Powered ride train sets are $750 dollars. KidSteam Playsystem products $2,000 dollars a day, Kid-Steam electric trackless trains $1,750 a day. Inflatable products $425 dollars a day.
22) LATE FEES ON RENTAL AGREEMENTS: All products rented from Certified Value Inc. that are returned late past the rental agreement deadline on the rental agreement will incur the standard daily rate charges for the product line rented. These are specified in SECTION 21.
23) CUSTOMER RETURNS OTHER THAN WARRANTY CLAIMS: All products returned by customer other than for warranty claims will incur the standard daily rental rates specified in SECTION 21 of these terms and conditions. The rates will be calculated from the day of delivery to the date of return to a Certified Value Inc. warehouse.