THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH AFFECTS YOUR LEGAL RIGHTS AND MAY BE ENFORCED BY THE PARTIES.

1. Preliminary Negotiation: Extreme Bounce INC. (hereinafter “EB INC.”) offers a wide variety of inflatable products. EB INC. invites interested buyers to visit its website at www.Extreme-Bounce.com and/or contact an EB INC. representative via telephone to obtain information regarding our full product line. Potential buyers are welcomed to place an order upon having chosen the specific product of interest. Any and all such communication, including but not limited to the placement of an order, shall constitute preliminary negotiation. Such preliminary negotiations shall not constitute a contract for the sale of goods.

2. Offer: Upon having received an order from a potential buyer, EB INC. shall send the buyer an authorization form which shall constitute the offer to sell goods. The remittance of said authorization shall constitute sufficient manifestation of the willingness of the seller, EB INC., to enter into an agreement with the buyer, for the sale of goods which were the subject of preliminary negotiations.

3. Acceptance: The buyer shall accept the offer by completing, signing, and returning the authorization form. Such acceptance will have complied with the requirements of the offer as to the promise to be made and/or the performance to be rendered. By accepting the offer, the offeree will have represented that offeree has read, and fully understands, and agrees to the terms set forth herein.

4. Consideration: The promise to pay the amount due by buyer, and the reservation of production space on the production schedule by seller, shall serve as consideration.

5. Performance By Buyer:

a. Initial Payment: At the time of acceptance, buyer must make a payment equal to thirty three percent (33%) of the total amount due.

i. Notice: The initial payment is non-refundable. Any attempt by buyer, to rescind the executory contract shall be treated by EB INC. as an anticipatory breach and shall entitle EB INC. to retain the thirty three percent (33%) initial payment.

b. Final Payment: No later than forty eight (48) hours prior to the “shipping date” listed on the sales confirmation, buyer must cause EB INC. to receive final payments of outstanding amounts due..

i. Notice: Although as a courtesy, EB INC. will notify Buyer of its obligation to make the final payment when the goods are ready to be shipped, EB INC. is not responsible for monitoring final payments. It is the buyer’s obligation and responsibility to be mindful of the date when their product is due to ship. Buyer must make arrangements with EB INC. for the final payment before the scheduled shipping date.

ii. Failure To Make Final Payment; If Buyer fails to perform on its obligation to make the final payment as stated above, Buyer shall incur storage fees at the rate of $7.00 (USD) per unit, per day. Said storage fees will accrue commencing on the third (3rd) day after the “shipping date.” If Buyer’s failure to perform continues for thirty (30) days after the “shipping date” it will be treated by EB INC. as an anticipatory breach, and it shall entitle EB INC. to; (a) retain the thirty three percent (33%) initial payment, and (b) resell the ordered inflatable.

c. Form of Payment: Both the initial thirty three percent (33%) deposit, and the final payments of the remaining amount due, must be received in the form of certified funds, money order, bank wire transfer, cash or credit card.

6. Performance By Seller:

a. Condition of Performance; Receipt of Payment: Performance by the EB INC. is conditioned on performance by buyer.

i. Notice: In the event that the initial payment is not received by EB INC., initial performance of beginning the production process, will not commence until the initial payment has been received. In the event that the final payment is not received within above described due date, final performance of delivery, will not commence until final payment is received. For each day a deposit is not received, the shipping date will be extended accordingly.

b. Performance: EB INC. shall; (a) upon receipt of the initial payment, reserve a production space on the production schedule, and (b) upon receipt of the payment in full ship the goods (as described below).

7. Modifications: The “Terms and Conditions” shall constitute the entire agreement between buyer and seller. Any and all modification to the “Terms and Conditions” must be made in writing with the consent of both parties. No different or additional terms will be accepted by EB INC. without the written consent of an authorized EB INC. representative.

a. Mutual Assent To Modifications: Prices are subject to adjustment if the buyer requests changes in specifications, quantities, or delivery requirements. All of the paragraphs of this document shall apply to the goods to which such changes apply, and no modification of the terms and conditions hereof shall be binding on EB INC., unless it is contained in a writing signed by authorized EB INC. representative and expressly stating both that such terms are being modified and the nature of such modification.

i. Notice: Any changes requested are subject to re-quotation of the final cost of the item purchased and shall conform to the “no oral modification” clause stated above.

8. Disclaimer: EB INC. shall not be responsible for any clerical or typographical errors made on any of its documents, quotations or literature.

9. Shipment: The shipping date indicated on your sales confirmation refers to the estimated time the product will be completed.

a. Delay: Any delay in the making of the initial deposit, or in receiving the necessary (customer supplied) artwork will reflect a possible delay in the on-time completion of your order.

b. Carrier: EB utilizes the services of several common carriers to handle the delivery of their products. Whenever possible EB INC. will pass through to the buyer, any discounts afforded to it by the carriers it uses for shipment. . Unless a carrier is specified by the buyer, EB INC. will use, at its discretion, choose a carrier to deliver the product to the customer.

i. Notice: EB INC. shall not be responsible for delays in shipping due to weather, union strikes, fires, floods, freight embargoes and acts of governments. Shipments requiring a lift gate style truck to unload EB INC. products maybe subject to additional shipping charges

10. Limited Warranty: EB INC. warrants that the inflatable supplied to you is free from: (1) defects in the materials and the workmanship that is provided you in your cold-air inflatable, and (2) defects arising from the process of manufacturing.

a. Expiration of Warranty: Depending on the particular product purchased from EB INC., either “Warranty Package One” or “Warranty Package Two” shall apply to your product. The particular warranty package is pre-determined depending on the product you purchase and cannot be extended or changed for any reason.

i. Warranty Package One. One (1) year warranty. The extent of seller’s liability under this warranty as to defects in material or workmanship and defects arising from the processes of manufacture is limited to the repair of such defects or to the repair of replacement (with item free from the defect in question) of any accessory, equipment, or part which is defective in any of such respects with the exception of color fading. The extent of seller's liability under this warranty as to defects is limited to the correction at our expense of all such defects becoming apparent in the inflatable accessory , equipment or part purchased here within one (1) years of use. Seller shall make all such repairs, replacements and corrections with care.

ii. Warranty Package Two. Two (2) year warranty. The extent of seller’s liability under this warranty as to defects in material or workmanship and defects arising from the processes of manufacture is limited to the repair of such defects or to the repair of replacement (with item free from the defect in question) of any accessory, equipment, or part which is defective in any of such respects with the exception of color fading. The extent of seller's liability under this warranty as to defects is limited to the correction at our expense of all such defects becoming apparent in the inflatable accessory , equipment or part purchased here within two (2) year of use. Seller shall make all such repairs, replacements and corrections with care.

b. Application: The warranty applies only to your inflatable, and not to any accessories, equipment and parts.

i. Exclusions: Specifically excluded from warranty coverage are soaker hoses, water misters, and zippers.

ii. Inclusions: The manufacturer’s warranty covers the fan motor

c. Shipping Costs: Buyer shall be responsible for shipping costs of delivering the inflatable to, and from, EB INC., for the purpose of making repairs covered by the warranty.

d. Discovery of Defect: In cases of defects in materials, workmanship or defects arising from the processes of manufacture, such defects must become apparent in the inflatable, equipment, or part within either twelve (12) months or twenty four (24) months of the shipping date, depending on the warranty package offered on the particular product.

e. Loss of Coverage: This warranty shall become void if inflatable is packed wet or repaired by any other repair agency not approved by EB INC.

11. Taxes and Duty: All charges are subject to federal, state and local taxes if any apply. The 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.

12. DISCLAIMER: EB INC. 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 OR MAINTAINED.

13. Tolerances: All specifications, including dimensions and weights, stated in the catalogues or instruction material pertaining to products sold by EB INC. are approximate and within allowable industry tolerances.

14. Copyrights: All logos, product names, trademarks, artwork, literature, photographs and designs used for the purpose of producing EB INC. products are proprietary and the sole property of EB INC.. Any unauthorized reproduction of any of these items constitute a copyright infringement and are punishable by law.

15. Inspection Upon Receipt: Buyer shall inspect the product(s) promptly after receipt and shall notify EB INC., in writing, of any claims buyer may have, including claims of breach of warranty, within forty eight (48) hours 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).

16. Cancellations: The contract shall be binding immediately, upon acceptance by buyer. The act of entering the contract shall create legally enforceable rights and obligations, however as a courtesy to its clients, EB INC., may, in its discretion agree to cancel an order if a request for said cancellation is made within twenty four (24) hours of the signing of the contract. If, in its discretion, EB INC. chooses to extend such a courtesy to a client, it shall be entitled to retain the initial payment of thirty three percent (33%) to cover consequential expenses of restocking the inflatable.

17. Returns: The contract shall be binding immediately, upon acceptance by buyer. The act of entering the contract shall create legally enforceable rights and obligations, however as a courtesy to its clients, EB INC., may, in its discretion agree to accept a return of any units sold to Buyer, so long as said units, have not been used. If, in its discretion, EB INC. chooses to extend such a courtesy to a client, it shall be entitled to retain the initial payment of thirty three percent (33%) to cover consequential expenses of restocking the inflatable. In the event that the Buyer attempts to return a unit which has been used, Buyer shall be liable to EB INC. for the cost of repair. If the use of the inflatable is so extensive that repair is impracticable, Buyer shall remain liable to EB INC. for full purchase price.

a. Exclusion; Specially Manufactured Goods; EB INC. will not accept a return of any specially manufactured products. The scope of said exclusion includes, but is not limited to, the following;
(a) special order customer name tags, (b) special order designs, (c) custom colors that need to be specially ordered.

18. Use and Indemnification: The "Buyer" (person, company or entity purchasing the inflatable product or device), is solely responsible for the manner of use of the products and other equipment purchased from EB INC.. "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 they have received, read and fully understand all necessary instructions for the safe setup and operation of their EB INC. inflatable product or device. "Buyer" agrees to operate their EB INC. inflatable product or device according to the instructions established by EB INC.. "Buyer" agrees to operate their inflatable product or device according to all state and local requirements. "Buyer" agrees to train any person(s) operating the inflatable product or device in the safe operation of the inflatable product or device including safe handling of emergency situations. "Buyer" shall use proper stakes, tie-downs, and other applicable devices necessary to ensure the safety of users and the general public. "Buyer" agrees to indemnify, defend and hold harmless EB INC.. Insurers 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 document by "Buyer". In the event EB INC.. is required to commence an action to enforce this provision, "Buyer" shall pay all of EB INC.. legal costs and expenses.

a. Notice. It is the Buyer’s duty and obligation, to verify and ensure that the jurisdiction in which Buyer intends to use the inflatable product purchased from EB INC., permits such use. In the event that Buyer is unable to obtain the necessary licensing and/or permitting to operate his/her inflatable, EB INC. shall be under no obligation to either; accept a return of the goods, or refund the purchase price.

19. Binding Arbitration: In the event a dispute shall arise between Buyer and EB INC., it is hereby agreed that the dispute shall be referred to an arbitrator to be designated by the Buyer and EB INC. jointly, for final and binding arbitration under the applicable Arbitration Rules of the American Arbitration Association.. The arbitrator's decision shall be final and legally binding and judgment may be entered thereon.

a. Arbitration Costs and Fees. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.