Sales Terms

  1. All orders require payment on invoicing unless otherwise agreed to in writing by Giant Inflatables
  2. Once the product(s) has been received by the customer, the product(s) will be the sole responsibility of the customer. Giant inflatables will not be held responsible for any damage or injury whatsoever caused by the use of the product(s) by the customer.
  3. The customer hereby acknowledges that the risk of use of the product(s) lies solely with the customer and the customer entirely indemnifies Giant Inflatables against any claims of any nature whatsoever.
  4. It is the customer’s responsibility to ensure that they understand the limitations of the product and take into account weather forces and basic safety requirements with regards to the use of the product(s).
  5. Giant Inflatables disclaims any responsibility whatsoever to the customer or to any other person or third party for injury to person(s) or damage to or loss of property or value caused by any product(s) which have been subjected to misuse, negligence, or accident; or misapplied; or modified or repaired by unauthorized persons; or improperly installed.
  6. All risk of loss passes to customer when Giant Inflatables delivers the order or any portion thereof to the Shipper, or when the order is collected by the customers own shipper.
  7. Giant Inflatables uses the services of major common carriers and delivery services. All costs and expenses relating to shipment, including insurance, customs expenses, duties, taxes, etc. shall be the sole responsibility of customer unless specifically stated in writing on Giant Inflatables quotation or invoice to the customer for the order. Shipments will be insured at the Customers expense unless otherwise specified in writing and the shipment shall not be made unless Giant Inflatables has been paid in full for the entire order.
  8. Prices and production times are subject to adjustment if the customer requests changes in specifications, quantities, or delivery requirements after the customer has paid the deposit and agreed on the design to be manufactured by Giant Inflatables.
  9. The customer shall notify Giant Inflatables if making, using, or selling the product(s) will constitute infringement of a patent. Giant Inflatables makes no warranty that the product(s) will be manufactured for the customer free of the rightful claim of any third party.
  10. Shipping by Giant Inflatables will be the least expensive surface transportation as determined by Giant Inflatables unless otherwise requested by the customer.
  11. Whilst every effort will be made to manufacture the products to specifications, due to the custom and artistic nature of the product, variations may occur with regards to colour matching, materials, shapes, designs and end use requirements. Giant Inflatables may not be held responsible in the event that the product(s) does not exactly match the specifications.
  12. Should the customer request exact and specific production requirements then it is the customer’s responsibility to get written confirmation from Giant inflatables that the customer’s exact specifications can be met prior to ordering the product(s) from Giant Inflatables.
  13. Every effort will be made to complete the manufacture of the product(s) on due date. Giant Inflatables may not be held responsible for any loss of whatever nature should any factor cause the delay in the completion of the product(s) on due time .Late completion of the product(s) will not invalidate the order.
  14. Due to the various custom designs and the nature of the product(s). Warrantees may vary for various products .It is the customer’s responsibility to check with the Giant Inflatables what warrantees are available for the specific product(s).
  15. Warranty claims shall be limited to repair or replacement of the product(s) and will be determined at the discretion of Giant inflatables after investigation of the claim.
  16. Copyright of the inflatables, balloons, blimps, drawings or designs shall be the sole intellectual property of Giant Inflatables and may not be copied or reproduced without the written permission of Giant Inflatables.
  17. It is the customer’s responsibility to ensure that the correct art work is supplied to Giant Inflatables in the correct format and size for graphic reproduction or additional charges will be levied if art work is unsuitable and has to be redrawn, traced or reproduced for suitable use.
  18. Giant Inflatables will not be held responsible for typographical or clerical errors made in any quotations or orders.
  19. Giant Inflatables terms and conditions are exclusive of all other terms and conditions appearing on customers purchase order or elsewhere and apply to all quotations made and orders accepted by Giant Inflatables unless specifically stated to the contrary on confirmation of order by the customer.
  20. All sales are final. Orders may be cancelled at no charge if the cancellation is made on the invoice date only. Cancellations made after invoice date will result in a 20% fee. Cancellation of custom orders including signage banners will result in full payment being forfeited.
  21. The customer shall have the right to inspect the product after delivery. Failure to give notice in writing to Giant Inflatables of any obvious defects or omissions within (3) three days after delivery shall constitute an irrevocable acceptance of the Goods.
  22. In the event the customer rejects the product(s), the rejected product(s) shall be returned to Giant Inflatables within ten (10) business days and shall be returned at the expense and risk of the customer. Giant Inflatables shall have the right at its discretion after inspection of the product(s) to either replace or repair the rejected product(s) as applicable. The rejected product(s) will be returned to Giant Inflatables in a clean undamaged and unsoiled condition and Giant Inflatables has the right to refuse any product(s) returned in a badly packed or soiled condition.
  23. The promised delivery date is the best estimate possible based on current and anticipated production loads, of when the order will be shipped. Giant Inflatables shall not be liable for damage or for delay in delivery arising from causes beyond its control and If the delay is caused by the default of a subcontractor of Giant Inflatables and if such delay arises from causes beyond the control of both Giant Inflatables and the subcontractor, Giant Inflatables shall not be liable to buyer for damages.
  24. The customer must inspect the package(s) for damage (s) before accepting and signing the shipping documents and the buyer should refuse the shipment if there is damage on the package or should make a note on the shipping document for further claim evaluation. Any claim must be submitted to the shipper immediately.
  25. Giant Inflatables shall not be responsible for delays in production or any failure to deliver due to causes beyond Giant Inflatables control including, but not limited to acts of God, war, riots, embargoes, domestic or foreign governmental regulations , floods, strikes, lockouts and other labour difficulties, or shortages of or inability to obtain shipping space or transportation.
  26. Giant inflatables reserve the right to refuse orders and or return deposit payments.
  27. The customer agrees to the terms and conditions of Giant Inflatables. No different or additional terms are acceptable by Giant Inflatables unless agreed to in writing.

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