Terms and Conditions

TITAN INFLATABLES

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TERMS AND CONDITIONS OF SALE / ORDER CONFIRMATION

Revised: November 2021

1. ACCEPTANCE:

(Titan Inflatables will hereto be referred as “Titan” in this document). TITAN ACCEPTS AND CONFIRMS YOUR ORDER FOR THE ITEMS, GOODS AND PRODUCTS AS DETAILED ON YOUR QUOTE AND/OR INVOICE. YOU AGREE TO THE TERMS AND CONDITIONS OF SALE SET FORTH ON YOUR QUOTE AND/OR INVOICE AS SET FORTH HEREIN BELOW. NO DIFFERENT OR ADDITIONAL TERMS ARE ACCEPTABLE BY TITAN UNLESS AGREED UPON IN WRITING AND SIGNED BY TITAN. THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND IN LIEU OF ALL QUOTATIONS MADE AND ORDERS ACCEPTED BY TITAN UNLESS SPECIFICALLY STATED TO THE CONTRARY ON FACE OF SAID QUOTATION OR INVOICE. TITAN IS NOT RESPONSIBLE FOR TYPOGRAPHICAL OR CLERICAL ERRORS MADE IN ANY QUOTATIONS, INVOICES, ORDERS, OR PUBLICATIONS EITHER ELECTRONIC OR IN PRINT.

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 AT THE TIME OF BUYER’S RETURN OF CONFIRMATION OF ORDER. THE BALANCE IS DUE PRIOR TO THE DATE OF SHIPPING THE ITEM, WHICH DATE WILL BE PROVIDED TO BUYER BY TITAN AS AVAILABLE. FOR ORDERS OF ITEMS IN STOCK, PAYMENT SHALL BE IN U.S. DOLLARS IN THE FORM OF CASHIER’S CHECK, MONEY ORDER, WIRE TRANSFER, OR CREDIT CARD. DEPOSITS ONLY MAY BE IN THE FORM OF BUYER’S CHECK, PAYABLE TO TITAN. ORDERS WILL NOT BE SHIPPED C.O.D. TITAN RESERVES THE RIGHT TO ALTER THE ABOVE PAYMENT TERMS AT ITS SOLE DISCRETION.

3. SHIPMENT:

ALL GOODS ARE TO BE SHIPPED F.O.B. CARRIER FROM ANY AND ALL TITAN AUTHORIZED FACILITIES BASED ON ITEM AVAILABILITY. ALL RISK OF LOSS PASSES TO THE BUYER WHEN TITAN DELIVERS THE ORDER, OR ANY PART THEREOF, TO THE CARRIER. IF THE BUYER DOES NOT SPECIFY A PREFERRED METHOD OF SHIPMENT OR MAKE ARRANGEMENTS WITH THEIR OWN CARRIER, TITAN SHALL EXERCISE SOLE DISCRETION IN SELECTING A METHOD OF SHIPMENT. ALL COSTS AND EXPENSES RELATED TO SHIPMENT OF CUSTOMER’S ORDER, OR ANY PART THEREOF, WILL BE THE SOLE RESPONSIBILITY OF THE BUYER, INCLUDING BUT NOT LIMITED TO INSURANCE, BROKERAGE FEES, TAXES, CUSTOMS, INSPECTION FEES, DUTIES, ETC. SHIPMENTS WILL BE INSURED AT BUYER’S EXPENSE UNLESS OTHERWISE SPECIFIED.

4. DELIVERY:

ALL PROJECTED DELIVERY DATES ARE TITAN’S REASONABLE ESTIMATION ONLY BASED ON CURRENT PRODUCTION SCHEDULES OF WHEN THE ORDER WILL BE AVAILABLE FOR SHIPPING. TITAN WILL NOT BE HELD LIABLE FOR DAMAGES OR DELAY IN DELIVERY ARISING FROM CAUSES BEYOND ITS CONTROL, INCLUDING BUT NOT LIMITED TO, ACTS OF GOD, ACTS OF GOVERNMENT, FIRES, FLOODS, EPIDEMICS, QUARANTINE RESTRICTIONS, STRIKES, FREIGHT EMBARGOES, DELAYS, OR SEVERE WEATHER.

5. LIMITED WARRANTY:

TITAN PROVIDES BUYER A LIMITED REPAIR AND REPLACEMENT WARRANTY AND WARRANTS ONLY THAT THE PRODUCTS WILL BE FIT FOR THEIR INTENDED PURPOSE, MERCHANTABLE, AND WITHOUT MATERIAL DEFECT IN WORKMANSHIP AND MATERIALS AS SPECIFIED BELOW:

• (a) INFLATABLES CREATED BY TITAN: ONE (1) YEAR FROM THE DATE OF SHIPMENT TO BUYER, EXCLUDING WEAR ITEMS.
• (b) PIECES AND PARTS ORDERED FROM TITAN: THIRTY (30) DAYS FROM THE DATE OF SHIPMENT TO BUYER.
• (c) OTHER EQUIPMENT (NOT CREATED BY TITAN): NO WARRANTY IS EXTENDED BY TITAN, BUT AT BUYER’S REQUEST, TITAN WILL ASSIGN TO BUYER ALL WARRANTIES ON SUCH OTHER EQUIPMENT OFFERED BY THE MANUFACTURER OR SUPPLIER TO THE EXTENT IT CAN LEGALLY AND CONTRACTUALLY DO SO.

6. INSPECTION:

BUYER SHALL INSPECT ALL PRODUCTS IMMEDIATELY UPON RECEIPT AND SHALL NOTIFY TITAN IN WRITING OF ANY ERROR OR DEFECT WITHIN FIVE (5) DAYS OF DELIVERY.

7. DISCLAIMER:

THE PROVISIONS OF PARAGRAPH 5 ARE TITAN’S SOLE OBLIGATION. TITAN DISCLAIMS ALL OTHER REMEDIES AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

8. LIMITATION OF LIABILITY:

UNDER NO CIRCUMSTANCES SHALL TITAN BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING FROM THIS ORDER OR TITAN OR BUYER’S PERFORMANCE.

9. TOLERANCES:

ALL DIMENSIONS STATED ARE APPROXIMATE AND WITHIN INDUSTRY TOLERANCES.

10. PATENTS:

TITAN MAKES NO WARRANTY THAT GOODS WILL BE FREE OF INFRINGEMENT CLAIMS.

11. MODIFICATIONS:

PRICES ARE SUBJECT TO ADJUSTMENT IF BUYER REQUESTS CHANGES IN SPECIFICATIONS, QUANTITIES, OR DELIVERY REQUIREMENTS.

12. CANCELLATION:

BUYER MAY CANCEL THIS ORDER ON OR BEFORE THE FOURTEENTH (14) DAY PRIOR TO THE PROJECTED SHIP DATE WITHOUT CANCELLATION FEES. AFTER THAT, CANCELLATION FEES APPLY.

13. RETURNS POLICY:

FOR ITEMS RETURNED AT BUYER'S EXPENSE WITHIN THIRTY (30) DAYS OF SHIPMENT, A RESTOCKING FEE OF TWENTY-FIVE PERCENT (25%) WILL APPLY.

14. TAXES:

ALL CHARGES ARE SUBJECT TO FEDERAL, STATE, AND LOCAL TAXES.

15. INTERPRETATION:

RIGHTS AND LIABILITIES ARISING OUT OF THIS CONTRACT SHALL BE DETERMINED UNDER TENNESSEE LAW.

16. USE AND INDEMNIFICATION:

BUYER IS SOLELY RESPONSIBLE FOR THE USE OF THE PRODUCTS AND AGREES TO INDEMNIFY TITAN FOR ANY CLAIMS ARISING FROM THE USE OF PRODUCTS SOLD.

17. INTEGRATION:

THIS CONFIRMATION CONTAINS ALL AGREEMENTS AND WARRANTIES BETWEEN THE PARTIES AND SUPERSEDES ANY PRIOR AGREEMENTS.

18. GOVERNING LAW:

IN THE EVENT OF LITIGATION, THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF TENNESSEE, WITH VENUE IN RUTHERFORD COUNTY, TENNESSEE.